EU National still not divorced with Non-EU Girlfriend

[petprint]

Hi together,

I am a EU Citizen ( Austria ) working and living in Ireland since 3 years and be together with my Non EU Girlfriend since a year ( Philippines ).

As i am still married and must still wait 2 years to get my divorce, we have of course not the option to marry and have an easier way to get her permanent with me.

Till now we managed it that we met personally after 5 month we know us, i was in Philippines for 6 Weeks and the we got then successfully a Tourist Visa for her and she stayed here in Ireland with me 3 month ( sept - dec. ).

The big question is now, how to proceed further....

She applied now again for a tourist Visa, because as we cant marry right now a spousal visa is not possible and as far as i found it, a defacto partner visa also not, it requires 2 years together, which is not easy when she just can stay 3 month and we wait then again 3 month for the next tourist visa.

Its beside that its very costly also mentally and psychically not a easy situation

Is there any other option which i overlooked or can we just proceed with tourist visa´s until we reach the 2 years relationship, which i am not sure if it counts when we not permanent together.

regards
Markus

[askmeplz82]

Why can't you divorce now ? Why wait 2 more years

[petprint]

Why can't you divorce now ? Why wait 2 more years

due to the austrian law, if one party not agree there is a waiting time of 3 years, since we seperated and she got to know i have a new partner she dont agree to the divorce anymore.

[askmeplz82]

well in that case you need to

- live together for 2 years or
- already divorced

she need to come in different immigration category or else

http://www.wien.gv.at/english/administr ... index.html

[jeupsy]

When did you start dating your partner (or more precisely from which time cans you show evidence that you have been dating). If your 2 years anniversary is coming soon, applying under EU treaty rights based on your de facto relationship is probably her best option and you should wait for that date while keeping track of all your visits. You don't need to have been living toghether for the full 2 years ... If you can show that you visted each other's country regularly and stayed toghether at these occasions she will have a good chance.

If it is not possible to wait, the only other realistic option for her to be able to come for more than 3 months is to come as a student (I am assuming getting a sponsored work visa is not on the table). It is not as good for her legal status in Ireland and more costly, but if you already have 1 year if documented relationship ans if she can get a 1 year student visa you should be good: after the year spent as a student she can apply to convert the student visa to an EU family member residence card. Only drawback is that she needs to get accepted into a course and pay for it, and that she will not be allowed to work more than 20 hours per week during her first year in Ireland.