Non EEU spouse on Type 4 Visa

S.S.L · Post by **S.S.L** » Fri Jun 03, 2011 11:03 am

Hi there I was wondering if anyone could advise me on this issue. I am singaporean and my husband is british. We got married in Singapore in Oct 2008. We then moved to Ireland in Mar 2009 and I was given a Type 4 Visa to live here. The first one was for one year. When i went to renew it, I was given another 3 more years so my current Type 4 visa expires on Mar 2013. However my marriage broke down and we are now living apart. He intend to go back to UK in Oct this year and then wait one year before filing for a divorce in the UK. I am wondering if I can still stay in Ireland till my visa expires and what are my rights If i want to continue to live in Ireland. Am i still able to apply for a visa to stay here on my own?

Ben · Post by **Ben** » Wed Jun 08, 2011 3:31 pm

Hi S.S.L.

I am British and my wife is Singaporean.

Directive 2004/38/EC makes provision for retention of the right of residence following divorce, so long as residency in the host member state lasted at least 3 years.

So, providing you are still married and resident in Ireland (and your husband is working, self-employed, studying or self-sufficient) by March 2012, then you retain the right of residence (and subsequently the right of permanent residence), if you divorce after this date.

Ok la.

Post by **Directive/2004/38/EC** » Thu Jun 09, 2011 2:18 am

S.S.L wrote:He intend to go back to UK in Oct this year

That means he will no longer be resident in Ireland. This is going to be a problem for you. His presence in Ireland, so long as you are married, is what gives you status.

Ben · Post by **Ben** » Thu Jun 09, 2011 8:16 am

Directive/2004/38/EC wrote:
S.S.L wrote:He intend to go back to UK in Oct this year
That means he will no longer be resident in Ireland. This is going to be a problem for you. His presence in Ireland, so long as you are married, is what gives you status.

Oops. Didn't spot that.

ImmigrationLawyer · Post by **ImmigrationLawyer** » Thu Jun 09, 2011 9:01 am

I just got a retention of residence application refused as my client failed to inform the Department of his change of circumstances (separation/ divorce) in acc with Reg 11 (4) of the Regs! I'm not sure that this can lawfully be used to refuse someone, but it is definitely something to be aware of.

Post by **Directive/2004/38/EC** » Thu Jun 09, 2011 11:50 am

ImmigrationLawyer wrote:I just got a retention of residence application refused as my client failed to inform the Department of his change of circumstances (separation/ divorce) in acc with Reg 11 (4) of the Regs! I'm not sure that this can lawfully be used to refuse someone, but it is definitely something to be aware of. :!:

That does not seem like a proportional punishment. Plus it is not clear it is even allowed by the Directive. Sounds like there are decent grounds to challenge the refusal.

ImmigrationLawyer · Post by **ImmigrationLawyer** » Thu Jun 09, 2011 6:29 pm

there was another reason too - he left Ireland for a period of > one year. This could be a problem.

Post by **Directive/2004/38/EC** » Thu Jun 09, 2011 9:06 pm

ImmigrationLawyer wrote:there was another reason too - he left Ireland for a period of > one year. This could be a problem.

I assume that "he" is this case is the non-EEA family member?

ImmigrationLawyer · Post by **ImmigrationLawyer** » Fri Jun 10, 2011 9:11 am

Yes sorry I thought I was clearer in my original post. See their arguement is that this invalidated his original card/ permisison, so he had no permission to retain. I don't know how I am going to argue against that.

S.S.L · Post by **S.S.L** » Mon Oct 03, 2011 6:34 pm

see now the problem is this. As of this moment He is leaving ireland in oct and now not even filing for the divorce in uk. what are my options then?

Post by **Directive/2004/38/EC** » Fri Oct 07, 2011 11:00 am

Are you and your husband willing to work together to land you safely? Are you willing to go to the UK?

S.S.L · Post by **S.S.L** » Thu Nov 10, 2011 8:56 pm

The marriage has definately broke down. He had cut all communications with me. After calling his recent workplace I realized he has quit and had even visiting the last known address only to be told that he cleared out. After numerous emails to his parents, i got a reply saying that he has left Ireland. I have no means to contact him or to even send the divorce papers and he has not filed anything either. Where is this leaving me? I mean I have been in Ireland since Mar 2009 now. And I have a job at the moment and have been supporting myself since beginning of 2011. Should I inform Immrigations now that my husband is missing? I cant afford high legal fees either

Post by **Directive/2004/38/EC** » Thu Nov 10, 2011 9:17 pm

I would read the Directive carefully to see if there is any obligation for you to contact the Irish government. And I would contact the EU http://ec.europa.eu/citizensrights/index.htm for they opinion.

From what you have said, I understand that:
(1) you are still married
(2) he may have left Ireland, but you do not have much information and do not really know if that is temporary (the good kind of absence) or "permanent" (the bad kind of absence)
(3) you have been in Ireland for 2 y and 8 months.

When did you marry?

S.S.L · Post by **S.S.L** » Mon Nov 14, 2011 5:27 pm

This is the answer to your question

1) Yes I am still legally married. He is the british citizen. I am the non EU.

2) He has left Ireland and I am not sure if he is coming back or not. And I confirmed it after I visited his last known place of work and last known address.

3) I have been in Ireland since Mar 2009. My visa expires in Mar 2013. which means I would have lived in Ireland for a total of 4 years when its time for me to renew.

4) We got married in Oct 2008.

Kindly advise as I am in a loss as to what to do. Its hard when I cant even get any further information from his parents as to his whereabouts. And he has not filed any divorce proceedings. I dont even know if i should inform the immrigations that he had abandoned me.

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 5:31 pm

I would suggest you first consult a Irish immigration lawyer who has specialist knowledge in EU law.

Not knowing for sure where he is and what he is doing may possibly be good for your situation. Your lawyer can advise.

S.S.L · Post by **S.S.L** » Wed Nov 23, 2011 10:18 am

Do you know how much would an immrigation lawyer cost and where i can find one? As i am woking and supporting myself, Im not exactly able to afford high fees though

Post by **Directive/2004/38/EC** » Wed Nov 23, 2011 4:06 pm

Immigration lawyers. A difficult topic.

Some are great and know their EU law. Some are bad and it is unclear what they know. They are all expensive, unless you can get legal aid.

Sorry I have nobody who I can really recommend.

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Non EEU spouse on Type 4 Visa

Non EEU spouse on Type 4 Visa

Re: Non EEU spouse on Type 4 Visa

Re: Non EEU spouse on Type 4 Visa