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I'm EU leaving Ireland can my NON-EU wife stay?

Forum to discuss all things Blarney | Ireland immigration

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meddot
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I'm EU leaving Ireland can my NON-EU wife stay?

Post by meddot » Sat Nov 08, 2014 7:53 pm

Hi All, i know the topic is probably already here somwhere but i cannot fins the similar case....
I am an EU Citizen currently still married to a NON- EU and we are living in Ireland since 2012.

My wife is in posses of a valid GNIB 4EU FAM , expiring in 2017, has a full time job and we live in different houses, as we have decided to go separate ways, as far as I know this was communicated by herself to INIS via post.

My first enquiry apply to my intentions to leave Ireland for good by beginning of 2015, and I would like to know if this will somehow affect the status of her current rights to live and work here in ROI ?

Will this situation change her right to stay here in ROI? Can she apply for a different GNIB, or which options are open to her in order not to loose her current status?

To give you wider information about the situation I also would like to add that, we got married in an NON EU country and the marriage was regularly registered in my Original EU -Country of residence.

In second place, which I believe, is a totally different scenario than above, we are also planing to obtain divorce in the same country where we got married, which will take only 30 days and then register the divorce with the required authorities in my EU country, where needed including Ireland , if this will still be the case.

Will she in case of divorce be able to remain in Ireland, and again, can she apply for a different GNIB, which options are open to her in order not to loose her benefits to live and work here.
I want to add that i do not seek for her deportation, i just want back my freedom, and not be longer married to her.

I hope I have given you enough information to answer my questions.

Could you please if possible also refer me to which entity we could seek for advise and help for this kind of cases? which offices can we get assistance on this?

Thank you all for the upcoming responses ,
Meddot

KingdomMan
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Posts: 550
Joined: Wed Oct 01, 2014 3:31 pm

Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by KingdomMan » Sat Nov 08, 2014 9:43 pm


bluemoon2
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Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by bluemoon2 » Tue Nov 11, 2014 10:03 am

you didn,t tell exactly how long you are married now ? but it seems impossible for her to live in Ireland if you leave the state at the start of next year , basically here right to live in Ireland is on the base of your rtesidence in Ireland , once you leave country then her right to live isa gone as well as she has no right to live indenpently in the state unless you gave more info here about yourself then may be diffenct scenario.

meddot
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Posts: 3
Joined: Sat Nov 08, 2014 7:34 pm

Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by meddot » Tue Nov 11, 2014 10:53 am

Hi , thanks for the feedback ---
Married since 2011 -
marriage got registers in another EU country first. then in 2012 after I got myself all settled here in Ireland, she followed and got all visa stuff sorted.

I received information that she could apply for this : Form EU5 Application for Retention of a Residence Card
This document is - for a Residence Card holder seeking to retain permission after divorce/annulment or the death or departure of the EU citizen.

Does anybody know how high are the chances to retain her VISA?
presuming of course that all is correct and in perfect conditions -

thanks

bluemoon2
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Posts: 204
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Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by bluemoon2 » Tue Nov 11, 2014 11:57 am

she can apply for Retention of Visa on EU form 5 if the marriage is more than 3 years now but you should be divorced and divorce process must be iniciated before you leave the country , thats all DOJ says about this situation.

meddot
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Joined: Sat Nov 08, 2014 7:34 pm

Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by meddot » Tue Nov 11, 2014 12:09 pm

thanks again for the info.

I have one more question if possible.

We have been in contact with INIS via email, which finally has responded to our enquiry.
but as you can guess, all we got was an info about got to the INIS website and inform yourself there, a few links and regards and all is totally impersonal.
Now the matter even for me is very important, as we are talking about something which could totally disrupt and change the life of a person.
Is there any office any place were people can go to get more personal help and advice for such cases ?

thanks again for the help!

Leinsterimmig
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Re: I'm EU leaving Ireland can my NON-EU wife stay?

Post by Leinsterimmig » Tue Nov 11, 2014 10:45 pm

For all immigration issues.€59 for initial consultation to fully analyse your situation. This covers one hour. €100 for written application to the appropriate section of immigration. Email spammingemaild@gmail.com with a contact number and brief info to arrange consultation
pm me for email address as it's not allowed on the open forum

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