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Help needed Divorce

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Dalaba
Newly Registered
Posts: 5
Joined: Wed Sep 09, 2020 7:17 am
Ireland

Help needed Divorce

Post by Dalaba » Wed Sep 09, 2020 7:37 am

Can someone please help me with the following matter?

*I am a non EU citizen Married to EU citizen almost 6 year now
*Moved to Ireland with EU citizen about 5 years ago.
*Got granted stamp4eufam in 2016 which was meant to expire in 2020.
*Got stamp4eufam revoked after a year due to some disputes with my wife and she informed Inis.
* our issues were resolved with a month and my wife also informed Inis.
* Since 2017, my case in review to give me back my status as in stamp4eufam but they keep giving me every time 6 months stamp4's while they are still reviewing it.
Both wife and I are in employment.
Now EU wife wants to divorce after 6 years of marriage and 5 years living together in Ireland.

Now I want to know if we were to divorce now while my case is still in review, what are my changes to get any type of status to remain in this country.

Thanks

Dalaba
Newly Registered
Posts: 5
Joined: Wed Sep 09, 2020 7:17 am
Ireland

Re: Help needed Divorce

Post by Dalaba » Thu Sep 10, 2020 3:17 am

Can someone please help?
@obie can you please advise?
Thanks in advance for your help

Dalaba
Newly Registered
Posts: 5
Joined: Wed Sep 09, 2020 7:17 am
Ireland

Re: Help needed Divorce

Post by Dalaba » Thu Sep 10, 2020 3:26 am

@littlerr could also advise on the matter?
Thanks in advance.

Dalaba
Newly Registered
Posts: 5
Joined: Wed Sep 09, 2020 7:17 am
Ireland

Re: Help needed Divorce EU treaty rights

Post by Dalaba » Thu Sep 10, 2020 8:49 pm

Dalaba wrote:
Wed Sep 09, 2020 7:37 am
Can someone please help me with the following matter?

*I am a non EU citizen Married to EU citizen almost 6 year now
*Moved to Ireland with EU citizen about 5 years ago.
*Got granted stamp4eufam in 2016 which was meant to expire in 2020.
*Got stamp4eufam revoked after a year due to some disputes with my wife and she informed Inis.
* our issues were resolved with a month and my wife also informed Inis.
* Since 2017, my case in review to give me back my status as in stamp4eufam but they keep giving me every time 6 months stamp4's while they are still reviewing it.
Both wife and I are in employment.
Now EU wife wants to divorce after 6 years of marriage and 5 years living together in Ireland.

Now I want to know if we were to divorce now while my case is still in review, what are my changes to get any type of status to remain in this country.

Thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help needed Divorce

Post by Obie » Fri Sep 11, 2020 8:40 am

Dalaba wrote:
Thu Sep 10, 2020 3:17 am
Can someone please help?
@obie can you please advise?
Thanks in advance for your help
The department was wrong to revoke your visa when you had a dispute with your wife.

Provided they are not accusing you of being a party to Marriage of convenience, and your wife is still residing in the state undertaking economic activities,and there is no divorce.

The case of Diatta makes that position very clear.
Smooth seas do not make skilful sailors

Dalaba
Newly Registered
Posts: 5
Joined: Wed Sep 09, 2020 7:17 am
Ireland

Re: Help needed Divorce

Post by Dalaba » Fri Sep 11, 2020 9:05 am

Thanks obie. Also do you think it is normal that the review is taking this long? I mean almost over 3 years now.
Thanks

Granista
BANNED
Posts: 171
Joined: Tue Jan 14, 2020 10:12 pm
American Samoa

Re: Help needed Divorce

Post by Granista » Fri Sep 11, 2020 2:51 pm

"The department was wrong to revoke your visa when you had a dispute with your wife"

Do you seriously think that's what happened? Wife says they had a fight and "the dept" revoked his residence permission?
Come on! IF OP's permission was revoked, there was an awful lot more to it than that.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help needed Divorce

Post by Obie » Sun Sep 13, 2020 2:03 pm

Well we operate here based on the information that we are provided.

If the OP gives us a picture that differs from reality, then he will be wasting his time seeking advise on this forum.

To my understanding of the law, the department is not allowed to refuse a residence card, simply because a non -EEA national ceases from residing with their EEA Partner. That will be plainly unlawful.

If the OP's case is not that, then the statement I made, will not be applicable to him.
Smooth seas do not make skilful sailors

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