Retention of Residence Card please advice

Hi i am just wondering if any one can advice me here as I am very concerned about this issue.I got married in 2009 to EU citizen and have been living together until last month.Unfortunately due to many on going issues we are now separated not living together however its not a legal separation yet nor any divorce proceedings have been initiated.Here is my question
I have about 5 months Stamp 4 EUFAM visa left.What do I need to do now?Some one told me I cant apply through Form EU5 as I can only do that if proof of legal seperation or divorce proceedings is available which in my case is not.All i have is a letter from my landlord to confirm that she does not live on that property any more.
So what are my options here?Should I just inform department of justice and explain them and wait for them to tell me what to do next?or is there something else that I need to do?I am very confused about the whole issue..
Any help on this will be much appreciated.

If your wife can provide with the her Original Passport and her proof of exercising treaty rights for last 5 years then you can go ahead and apply for permanent residence card.

Thanks dublin3.So you mean I should apply through form EU3?but isnt it for those who are still living together as husband and wife after 5 years?which in my case we are not..another thing is that she worked for 3 years out of 5 however she wasnt working for last two years.
I went to two different solicitors in last week both confusing me further.One told me that fine we will make an EU5 (Retention) application for you and provide us following documents e.g proof of living together,my p60s pay slips job letter etc.However I think he assumed that our seperation was legal because he never asked me about that.
Second solicitor told me that I cant make EU5 applicaion as I have no proof of legal seperation/divorce yet so that form is not applicable to me instead she said that you should notify department of change of circumanstances and wait for further directions from them.

You can only apply for retention of rights when you are divorced or EU citizen departs from the country.
living separate doesn't stop you from applying the permanent residence once you fulfill the requirements.
Your spouse has to be exercising her EU treaty rights for last 5 years. If EU citizen wasn't working for last 2 years then you should provide them the the comprehensive medical insurance.

I hope someone else would also provide you with more information

you cannot apply for retention until you are divorced.
however, you can apply for EU1 if your wife is currently exercising her EUTR (working, studying, etc)
if you are not living with your wife andshe hasn't been exercising her EUTR for the last 5 years, chances are you wont get EU3.

@agnuikas
But as far as I know form EU1 is if you are applying for first time 5 years residency but in my case my 5 years residency is almost about to expire which means I will have to apply through form EU3 but again if you are not living together then how can one apply through EU3 thats where the whole confusion is..

then you apply for EU1 again...

do you know some body who did that?

yes, several of my friends chose that option and got another 5 years

Hi Guys, My situation is a little bit the same as the person asking for help. I have been married for 4 years now with an EU national. we got married in 2010, we were living together, she left Ireland in August 2012. She lost a good job here and was fed up with everything tbh. At that time and until now im still working in Ireland. she lost her job here in 2012, we decided that she will take a few days off - go to her country to relax a bit with the family and come back here again to Ireland. but since then she doesn't want to come back, and it has come to point that divorce is on the table now because of the distance, as i cannot live like this all my life. until now we are still married. my stamp 4 Eu fam will be out of date next year in September. i would like to get some answers please.. how will this affect my Visa? She has been living here since Sept 2012, What do i need to do whether or not to get a divorce? What are the advise you would give me in this situation? Thanks for taking your time reading this. any help appreciated.

Crist22 wrote:Hi Guys, My situation is a little bit the same as the person asking for help. I have been married for 4 years now with an EU national. we got married in 2010, we were living together, she left Ireland in August 2012. She lost a good job here and was fed up with everything tbh. At that time and until now im still working in Ireland. she lost her job here in 2012, we decided that she will take a few days off - go to her country to relax a bit with the family and come back here again to Ireland. but since then she doesn't want to come back, and it has come to point that divorce is on the table now because of the distance, as i cannot live like this all my life. until now we are still married. my stamp 4 Eu fam will be out of date next year in September. i would like to get some answers please.. how will this affect my Visa? She has been living here since Sept 2012, What do i need to do whether or not to get a divorce? What are the advise you would give me in this situation? Thanks for taking your time reading this. any help appreciated.

Is she still here or not ?

No she is not here..since Sept 2012. She has come only for visits then go back.

hi guys it's simple if you guys are married more then 3 years nd now not together if it's even 1 day less then 3 years no any chance to get visa if u have more then 3 years just so simple if things not working good best and good way divorce her or him nd u will get 10 year's visa next question u hav no idea where is waif or she don't like talk or you was in to same as newspaper sheam marriages etc there is ppl charge money but no need waif can get divorce done in 3 month in total. pm me if need to know anything else . smile no one send back if u already married over 3 years.

Received below email today regarding my review, thought I should share it. Fingers crossed re decision as my GNIB expires at the end of next month.

Dear XXXX XXXXXX

Thank you for your email.

No decision has yet been made in your case. As soon as it has, you will be informed by registered post.

Please note that there is no time limit within which EU Treaty review applications must be decided. Only the initial EU Treaty Rights application must be decided within six months from the date of receipt, under European law. Review applications are processed in accordance with Irish case law (that is, Irish court decisions) and, accordingly, are processed as quickly as the circumstances of each review will allow. In any event, your application is in the final stage of processing and a decision is expected to be made on it shortly.

Best regards,
EU Treaty Rights Unit
Residence Division
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

Jut a suggestion: don't publish the name of the person who replied your email.

Thanks jeupsy!

@ All, my review for retention of rights was refused but I was granted permission to live and work in the country for another 3 years and after that I can automatically renew my stamp 4 without the need to write to their office anymore but to go to my local immigration office and get my card renewed as long as I'm working and continue to be of good character in the country, basically I'm now here in my own right. Happy days now the monkey is off my back.

Kunsky wrote:@ All, my review for retention of rights was refused but I was granted permission to live and work in the country for another 3 years and after that I can automatically renew my stamp 4 without the need to write to their office anymore but to go to my local immigration office and get my card renewed as long as I'm working and continue to be of good character in the country, basically I'm now here in my own right. Happy days now the monkey is off my back.

Hi Kunsky,

Thank you for your update here. Can you share what your situation was? I am currently waiting for a response from EU Treaty on my request to retain my visa and just want to know if we share the same situation?