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Separate from EU Spouce

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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Dublingirl25
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Ireland

Separate from EU Spouce

Post by Dublingirl25 » Sat Oct 10, 2020 8:26 am

Hello there! I am a non EU citizen I am on stamp 4 based on my marriage with an EU citizen non Irish. I have been married for 4 years recently in September and in December they gave me the first stamp 4 Visa when I first applied.
Recently, my spouse and I separate and I am moving out of the house in November. I will be living with friends I will keep all documents in my place with my spouse. Not changing anything. We are in very good terms, and he will help me through with all. He even will pay my new landlord the rent and I will do the usual transfer of rent to him as is the same amount I am currently paying, so it won’t be a weird change in my bank account.
My question is as I have been living 4 years with him what are the chances I got caught that I am not living with him. My intention is applying for the naturalisation not the permanency.
I know I will need all my documents or proof as address and I am not changing anything in that way. I’m a bit overwhelmed with all and my ex started a new relationship. I trust him but, well you never know what the other person can put in his head.
How safe I can be on my own in Ireland m, and will I need my partner for applying to the naturalisation?
In accordance with the calculator I can submit the papers on December 2021 as in June 2022 my stamp 4 is expire. How it works I have to wait till December or apply a year before in this case June 2021.
About divorce we got married in Denmark, will I still need to be separate from him 4 years or just with a power I can do this?
Thank you for your help!

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Zerubbabel
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Re: Separate from EU Spouce

Post by Zerubbabel » Sat Oct 10, 2020 9:50 am

Not changing anything. We are in very good terms, and he will help me through with all. He even will pay my new landlord the rent and I will do the usual transfer of rent to him as is the same amount I am currently paying, so it won’t be a weird change in my bank account.
So you are organising an immigration fraud and want to ask what are your prospects of success with that?

Nobody can tell you. You mileage varies.

I don't recommend you do that. My recommendation is to see other immigration venues that help you to sleep at night without thinking what might happen if they discover your plans.

Good luck

Dublingirl25
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Posts: 4
Joined: Sat Oct 10, 2020 7:47 am
Ireland

Re: Separate from EU Spouce

Post by Dublingirl25 » Sat Oct 10, 2020 10:12 am

I am asking here because I am facing some challenges at the moment a solicitor will charge me 180 or more and I am not in a position to pay this, and even the free legal advice I tried to reach it out but when they call me was from citizen information and not the institution I had reach. I was very nervous to talk about this.
My marriage been real but we have been having problems. He’s dating a person I am moving out because I am not good at the moment.
Is not easy for me but I have my life here now and I cannot afford to miss my citizenship specially since is only one year that I have to wait.

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Zerubbabel
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Re: Separate from EU Spouce

Post by Zerubbabel » Sat Oct 10, 2020 11:21 am

The citizen advice are not going to help you with your endeavour. If anything, they may even tell the authorities about your plans. There don't cover anything illegal.

What you are doing is useless because you should have acquired some sort of right of residence that continues even if you divorce.

littlerr
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Re: Separate from EU Spouce

Post by littlerr » Sat Oct 10, 2020 4:36 pm

This forum does not help provide any illegal advice as to how not to get ‘caught’.

EU5 is your only choice. If everything you said is true, you should now prepare for EU5, and inform INIS immediately that you have separated. You have a legal obligation to do this within 7 days of your separation, otherwise everything from that moment will be deemed as illegal stay.

Once you get EU5, apply for EU3, and then citizenship. Your citizenship application will not work without an EU5.

Even if you managed to hide your situation and miraculously your citizenship was approved within 6 months and you got into a citizenship ceremony before your IRP expires, your application is still based on intentional fraud. If anyone near you tells this to INIS, your citizenship will be revoked. And yes this has been happening more and more often recently.

Vorona
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Ireland

Re: Separate from EU Spouce

Post by Vorona » Sat Oct 10, 2020 5:14 pm

OP, do not assume that arrangements you have made with your husband will remain there forever.
At any time in the future your spouse can report this fraud to the authorities. This will will have a dramatic effect on you.

Obie
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Ireland

Re: Separate from EU Spouce

Post by Obie » Sat Oct 10, 2020 5:18 pm

If indeed this marriage was genuine, and there was no illegal activity, the fact you are separated does not make a difference to the legal position, and you will be best advised to be truthful, as there is no basis to tell lie.

If you tell lies and you are caught, then your credibility will be seriously damaged, and there will be a question mark on whatever assertion you make in the future.

It is therefore advisable to be truthful. The fact that a relationship with an EEA nation breaks down, does not automatically result in loss of residence rights, provided the guy still resides in the state, and your relationship was always genuine before it came to an end.
Smooth seas do not make skilful sailors

Dublingirl25
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Ireland

Re: Separate from EU Spouce

Post by Dublingirl25 » Sun Oct 11, 2020 6:47 am

Hey there,

First of all thank you for all the replies. Is a very stressful moment for me. I have not yet leave my house we are still living together.

I have a question apliying to the EU5 won't delay anything for me since is next year when I all applying to my citizenship. I read it says about having enough resources to support myself I have a full time job permanent contract. Is with minimal salary but well still enough to pay my stuff. My insurance is with his company. I don't have insurance will I need one on my own?

Also we are not divorcing we are separating Giving time and see what happens if we divorce will be way later.

Also about the residency I will be living in a room where landlord has all.bills on his name I am.not going to get my own place yet.
How do I support all this documentation? And all gave to be mine not from my spouse isn't it?

We were together 4 years should be a kind of protection for me too. Is not fair I will be delay in something because as many my marriage did not work out.

littlerr
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Re: Separate from EU Spouce

Post by littlerr » Mon Oct 12, 2020 1:24 am

By law, you need to inform INIS that you have separated within 7 days. Your legal status will not be affected, but you must inform INIS, prepare for EU5 and eventually if you do divorce, you need to apply for EU5.

If you only inform them when you divorce, nothing will work for you, as they know that you have illegally concealed the separation for a long time.

You will need your own insurance and you will need proof of new address. There are many different proofs you can get. Letter from insurance company, rental agreement with the landlord, employment letter from the company, DEASP and PAYE correspondences, bank statements.

You can't not do it just because it is 'unfair' that the process is going to delay you. It is the law. If you inform INIS and eventually have to apply for EU5, it may delay your citizenship application. If you don't do it, you are acting illegally. If you apply for citizenship based on these permissions, it is intentional fraud and you could be prosecuted, stripped of citizenship and deported.

Dublingirl25
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Ireland

Re: Separate from EU Spouce

Post by Dublingirl25 » Mon Oct 12, 2020 6:14 am

Heya,

Ok cool as I said I am in the best terms with my ex he has a new person in his life and of course I cannot be living with him.
But I will do the right thing as I don’t want any trouble with migration and if that still doesn’t delay my process is good. As I said my marriage was real and sadly we have our issues now.
Thank you!

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