Divorce with EU

hello guys, i have prob. or will have soon. Im from Pakistan and married with Eu woman, we knew each other 5 years and almost 3 years we are married. But year ago she left me and she wants divorce now. I will try to ask her to wait till september, its gonna be 3 years since we married. My question is, how its gonna be after divorce? How to apply to stay in Ireland? And whats gonna happen with me while waiting for decission if i can stay? Im confused now. Im working in Ireland, not depends on social money or something and i can proove we had proper marriage till she found somebody else. Thanx for any advice or expirience.

How long have you been separated? Ireland requires at least 4 years before either party begins divorce action...

You will have a stronger case if your wife is still in Ireland and working/ studying when your stamp expires and you apply for another 5 year card and/ or permanent residency.

its gonna be one years since she gone. she is going to apply for divorce not in ireland, after one year she can do it from her country. So im confused.

My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx

zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx

I am presuming you do not have children.

If you divorce, you will need to rely on Article 13 and this requires that hte marriage lasted at least 3 years. Will you reach 3 years before your next EU FAM Card renewal date?

If so, I would apply as soon as possible after the three year mark (and divorce, whichever is later) and you will need to prove that you were both married for those three years and that at least one year of this was in Ireland.

If you will not have three years of marriage by then and if not divorced by then, you will have to seek to assert your own permission to remain on your own basis via national law.

You will not be able to renew your EU FAM if your spouse is not in Ireland exercising EU Treaty Rights and if you are still married.

Muttsnuts wrote:

zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx

I am presuming you do not have children.

If you divorce, you will need to rely on Article 13 and this requires that hte marriage lasted at least 3 years. Will you reach 3 years before your next EU FAM Card renewal date?

I am not sure this works.

The wife is no longer resident in Ireland. So it is not clear the OP is legally resident in Ireland, even if still married.

Or do I not understand something?

Directive/2004/38/EC wrote:

Muttsnuts wrote:

zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx

I am presuming you do not have children.

If you divorce, you will need to rely on Article 13 and this requires that hte marriage lasted at least 3 years. Will you reach 3 years before your next EU FAM Card renewal date?

I am not sure this works.

The wife is no longer resident in Ireland. So it is not clear the OP is legally resident in Ireland, even if still married.

Or do I not understand something?

I would suggest that there is an argument to be made that if the OP has a subsisting marriage of 3 years then he should be at least able to apply for permission to remain in his own right on that basis, even if the spouse has left the State. It will most likely result in a refusal but he doesn't have much any other choice other than a Section 3 type application based on national law which is going to take 18 months and will result in a deportation order anyway.

The fact is, the OP is in a very weak position and will most likely have to ultimately leave the State but he might as well investigate every avenue open to him.

I agree it is worth considering, but I think it is also worth being very clear about the situation.

Its complicated. Have to find a good lawyer.

It's not really that complicated. The Department's policy seems to be that if the EU spouse has left the state then you do not have any right to reside (or retain your right). you will have to argue that it does not sayt his in the regs. There may have to be a "test case" before the High Court to determine this. Most of my colleagues seem to think the Department is correct, btw.

When she left me, some good friend came into my life and how time was going, we were getting closer and closer. Does it help if are living together or get married? Thanx

hi all,
i have a question about my matter. i got married in 2006 and we are not living together since one and half year. my status is stamp 4 eufam. but now i am living with EU girl friend and she is 6 months pregnant from me.
please tell me i have to inform to immigration.

she wanted to visit my home country but i am struck with that. my visa will be expire in 2012. is there any way to continue my visa on behalf of my child who gona be born in september 2011.

hello there,

can please someone answer me the question?

if you get married in IRL to an Irish citizen and after one year your partner leave to go back to the home country and you are not in touch for 5 years, can the irish citizen ask for divorce? Does the other person has to be there if the marriage was only registered in IRL?
please i need the answer asap...many thanks.

yes she can still get divorce.its not compusary both spouses have to be agreed for divorce or if you are agree than you can make power attorney for your solicitor.so your solicitor can act on your behalf in court................

so that means that you dont have to be there and after 5 years separation and not in touch the court will automatically divorce you, right?

what if the other person did not get any document about it and re-marrid again after 6 yeras of the divorce at the persons home country where the marrige was not registered?

no you cant get married legally if your not divorce.i understand if marriage is not register than you may get marriage but still if you ever caught you will be prosecuted..............................

i know you cannot get married if you are not divorced.

my question is.....how to obtain the divorce paper as the wife is not in touch with the husband and they werent 5years after leaving IRL....from where the ex husband can get his divorce paper? the ex wife family sort out everything.

zuzihassi wrote:hello guys, i have prob. or will have soon. Im from Pakistan and married with Eu woman, we knew each other 5 years and almost 3 years we are married. But year ago she left me and she wants divorce now. I will try to ask her to wait till september, its gonna be 3 years since we married. My question is, how its gonna be after divorce? How to apply to stay in Ireland? And whats gonna happen with me while waiting for decission if i can stay? Im confused now. Im working in Ireland, not depends on social money or something and i can proove we had proper marriage till she found somebody else. Thanx for any advice or expirience.

Try" to ask to wait until September" ; to wait until 3 years and then she can break up with you? Should you not be more interested in trying to save your marriage instead as oppose to making sure that you fail within the legislative protections?

zuzihassi wrote:hello guys, i have prob. or will have soon. Im from Pakistan and married with Eu woman, we knew each other 5 years and almost 3 years we are married. But year ago she left me and she wants divorce now. I will try to ask her to wait till september, its gonna be 3 years since we married. My question is, how its gonna be after divorce? How to apply to stay in Ireland? And whats gonna happen with me while waiting for decission if i can stay? Im confused now. Im working in Ireland, not depends on social money or something and i can proove we had proper marriage till she found somebody else. Thanx for any advice or expirience.

From my study of european law and family law, you have no problems in renewing your leave to remain based on the subject fact that, your marriage has lasted for 3 years which met the european regulation on marriages validity to maintain your legal right, while divorce of marriages must meet the statute limitations of 4 out of 5 years for court to grant a decree of divorce in ireland.