Wud drafted copy of deed of separation affect naturalisation

[MsChenn]

Hi people,

I’m a non-EU national and I have a 4 EU FAM card. I got married (we were genuinely both committed) in 2007 to an EU national (non-Irish) and he left me in 2009 after being together for less than 2 years. After he left, he made it clear that he is not coming back by sending me a drafted copy of a deed of separation which he got a lawyer to prepare saying that I’m in agreement with all this (it’s totally untrue)

Throughout our marriage he proved out to be a physically abusive person on several occasions. He was having an affair well before he left but I don’t have anything to prove this. It’s only about 16 months that he left me but now I hear that he has a child of 1 or 2 months old with another woman.

I couldn’t tell you how disturbing it has been and now I’m worried about my visa and naturalisation as I heard that you have to be with your EU spouse for at least 3 years to apply for naturalisation. It’s totally unfair. I’ve been here since 2005 and settled here after dropping out of college (2005-2007) because I wanted to form a family. It’s almost 2 years I’m working on a full time contract with the same company I was working with on a part time contract for 2 years, earlier before I moved to being a full timer. My visa expires in 2013 and I don’t want to go back to being a student.

I didn’t sign any deed of separation instead I saw a solicitor and then he adv me that it’s not even me who has to pay his fees (unless if I have money to waste, which I don’t). He also adv the reason mentioned in the Deed was for disagreement between us (my husband and me) instead of saying he was having an affair or he was abusing me. The solicitor also said that if it’s on a basis of disagreement that he took the decision of leaving me behind, he should have gone through a different route, which is mediation. My husband also adv his solicitor that I agreed to the separation & also agreed to all the demands in the deed of separation, that’s the reason why the solicitor drafted the Deed of separation. As per my knowledge a deed of separation is done only if both parties agrees to it.

I don’t want any complication as I’ve moved on despite I wanted to teach him a good lesson for domestic violence ( I don’t have any proof of that apart from the friends (mostly mine) that he confided in and the friends whom I met . Now I’m living with my EU (non-Irish) partner, I’m finally happy.

I’ve told you guys about my worries here, now, I would be very grateful if I could get some adv from all of you guys with all your expertise, judging on my situation. Any help/adv/suggestions would be greatly appreciated.

[walrusgumble]

Hi people,

I’m a non-EU national and I have a 4 EU FAM card. I got married (we were genuinely both committed) in 2007 to an EU national (non-Irish) and he left me in 2009 after being together for less than 2 years. After he left, he made it clear that he is not coming back by sending me a drafted copy of a deed of separation which he got a lawyer to prepare saying that I’m in agreement with all this (it’s totally untrue)

Throughout our marriage he proved out to be a physically abusive person on several occasions. He was having an affair well before he left but I don’t have anything to prove this. It’s only about 16 months that he left me but now I hear that he has a child of 1 or 2 months old with another woman.

I couldn’t tell you how disturbing it has been and now I’m worried about my visa and naturalisation as I heard that you have to be with your EU spouse for at least 3 years to apply for naturalisation. It’s totally unfair. I’ve been here since 2005 and settled here after dropping out of college (2005-2007) because I wanted to form a family. It’s almost 2 years I’m working on a full time contract with the same company I was working with on a part time contract for 2 years, earlier before I moved to being a full timer. My visa expires in 2013 and I don’t want to go back to being a student.

I didn’t sign any deed of separation instead I saw a solicitor and then he adv me that it’s not even me who has to pay his fees (unless if I have money to waste, which I don’t). He also adv the reason mentioned in the Deed was for disagreement between us (my husband and me) instead of saying he was having an affair or he was abusing me. The solicitor also said that if it’s on a basis of disagreement that he took the decision of leaving me behind, he should have gone through a different route, which is mediation. My husband also adv his solicitor that I agreed to the separation & also agreed to all the demands in the deed of separation, that’s the reason why the solicitor drafted the Deed of separation. As per my knowledge a deed of separation is done only if both parties agrees to it.

I don’t want any complication as I’ve moved on despite I wanted to teach him a good lesson for domestic violence ( I don’t have any proof of that apart from the friends (mostly mine) that he confided in and the friends whom I met . Now I’m living with my EU (non-Irish) partner, I’m finally happy.

I’ve told you guys about my worries here, now, I would be very grateful if I could get some adv from all of you guys with all your expertise, judging on my situation. Any help/adv/suggestions would be greatly appreciated.

I am sorry to hear about the domestic abuse. Sham you did not have the support from others and courage to go to the police or courts for a protection order. However, sadly, this often happens behind close doors. Make sure these "allegations" are mention in your divorce or separation papers. However, all might not be lost on the immigration front.

You may have a defence of undue influence/fear with regard to this so called agreement. See a competent lawyer about this!!!! You have never signed it, so his lawyer is only going on the instructions given to him, it may not (through no fault of the lawyer) be correct. Moreover, your husband would normally have to sign a document that says his lawyer advised on mediation, and you would have suppose to be given some form of written communication with such an invitation.

With regard to the immigration side of things, the EU Directive says "prior to divorce" or annulment. Separation is not mentioned. Previously I may have been incorrect that separation is the cut off point, but the legislation never mentions it so, until you divorce the legislation may not apply and you will have meet the 3 year rule for being allowed to stay despite marriage breakdown. I must add, issues of domestic abuse etc is an expressed exception to the 3 year rule (pitty you never took legal action via domestic violence act, assuming that you are telling the truth, which i have no doubt that you are)

In exceptional circumstances, you may be ok, you still have a job too, so it might help.

With regard to "naturalisation", the 3 year rule only applies to where you are married to an "Irish Citizen", anyone else, its the normal 5 year rule.

You say you are in a relationship with an EU citizen, as you know, if you can show a solid 3ish year de facto relationship (akin to husband and wife) you can get it on that basis, though I understand its only a stamp 3, which is no use to you

Bottom line, I would not be too fearful of the immigration side of things. But speak to a lawyer.

What is this lark about you paying his fees? You realise, that despite not having children, you are free to file a maintenance case against him, particularily as grounds for separation

The courts don't get too into the grounds for separation. They try and make it a "no fault" basis. Its clear the marriage is gone

[MsChenn]

Hi,

Thanks for the reply, it has been an eye opener. I've decided to go for it and file a case against him in regards to domestic abuse. I'm going to see a lawyer very soon who'll be able to hopefully advice me how to tackle this situation.

Would you know, when my visa expires, if I would be able to renew it and then apply for naturalisation or it won't be possible?? Would immigration grant me stay and would let me continue to work? What would be the process.

Let me know if you get any useful info at all.

Thanks a mill.

[SSEF]

Im curious to know why you stayed with such a violent abusive adulterer?

As far as filing domestic abuse charges, a judge will find it hard to believe you were in fact abused since you've only now filed charges since the relationship broke down and unless you have had previous contact with the Police over the alledged abuse you have no evidence apart from what "your" friends say, which will also be called in to question without solid proof

I dont want to be negative, but Im just making you aware that filing abuse charges is harder than you think and is unlikely to enable you to stay in Ireland, you dont meet the criteria simply because you were not married to a member of the EU for the specified time.

[MsChenn]

Thank you for your concern.

Would there be any other positive adv or suggestions from the experts out there??

Thanks.