Form EU5 after Separation Agreement (Not divorced)

Hi everyone,

Hope everything doing well.

Would be great if someone could help me with their experience or knowledge.

I was married to Italian national in June 2015 and due to many difficulties (Domestic violence) we decided to reside separately from Feb 2017. We have recently gone through legal separation and signed Separation Agreement with Solicitor reference in Dec-18

My Stamp 4 EUFAM is valid till Jan 21, I was thinking to apply for Form EU5 (Retention residence) and then Form EU3 for permanent residence myself without solicitors help.

Question,
1. Can I apply for form EU5 only with Separation Agreement? Form has mentioned divorce/annulment or Departure of EU partner from the country but not separation.
2. When is it suggested to start applying for EU5 and EU3 to avoid stamp gap?

P.S: Immigration was always updated for address change, relationship status. EU partner was exercising EU treaty rights till Dec18 (No update then after)

Got Married: June 15
Visa issued till: Jan 21
Living separate from: Feb 17
Legal Separation Agreement: Dec 18
Stamp 4 expiry date: Jan 21

Thank you.

Don't apply for eu form5 ur marriage is not up too 3years keep pushing until u see better way between now and Jan 21 so far your EU is no more in country they won't grant u...

two things you need to know for EU5.

1. you can't apply EU5 on separation. for EU5 you need decree of divorce, without this they will not proceed. see question number 18.
http://www.inis.gov.ie/en/INIS/Pages/EU ... tsFAQs#Q18


2. To be eligble for EU5 your mrrg should be atleast 3 years, then you are eligible. see the below EU5 leaflet.
(http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf )

Ramsz wrote: ↑

Sun Jan 20, 2019 7:43 am

Don't apply for eu form5 ur marriage is not up too 3years keep pushing until u see better way between now and Jan 21 so far your EU is no more in country they won't grant u...

My EU partner is still in the country, I've emailed eutreaty with my separation letter and they replied back saying i am not eligible for EU5 until I have divorced.

Wish I could extend my relation but there is domestic violence and there is a clause where this is exceptional and I don't have to serve 3years in relationship

finalversion_2k wrote: ↑

Mon Jan 21, 2019 10:53 am

two things you need to know for EU5.

1. you can't apply EU5 on separation. for EU5 you need decree of divorce, without this they will not proceed. see question number 18.
http://www.inis.gov.ie/en/INIS/Pages/EU ... tsFAQs#Q18


2. To be eligble for EU5 your mrrg should be atleast 3 years, then you are eligible. see the below EU5 leaflet.
(http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf )

Thank you for the information, In 2nd link about EU form5 question 7

(iv) The retention of such right of residence is warranted by particularly difficult circumstances, such as the applicant having
been a victim of domestic violence while the marriage or civil partnership was subsisting.

I am hoping to get the retention on this basis. My wedding only lasted for year 2015-16 and from then we lived apart and applied our separation document in 2018.

tbh i didn't met anyone whoseee in same situation like you.. I hope they will be kind to you after seeing Domestic violence... but so far my experience with department is not that good, sometime they go completely against what they mention on ther web, email or EUlaws... I submit my EU5 3 months ago.. and number of documents they ask is crazy..

finalversion_2k wrote: ↑

Wed Jan 23, 2019 3:28 pm

tbh i didn't met anyone whoseee in same situation like you.. I hope they will be kind to you after seeing Domestic violence... but so far my experience with department is not that good, sometime they go completely against what they mention on ther web, email or EUlaws... I submit my EU5 3 months ago.. and number of documents they ask is crazy..

I know this is a very rare case but my scenario was a mess and couldn't handle in first year and never lived together.
I've updated EUtreaty all my moments i.e, domestic violence images/videos on memory stick, protection order, letter from Social services (Amen, Migrant project) back in 2016.

May be i'll consult a solicitor if they reject in 1st attempt.

Did you get a decision on your EU3?

if you have all these what you mentioned above, then I'll say go for it.. still I'll also recommend do divorce first first before applying EU5.. As In my case department put my case on hold and asked for decree of divorce to proceed or move further.. where your partner is from Irish OR European.. will he/she be agree for divorce?? if European and agree to divorce then I'll suggest do divorce from his country.. else you will need to wait for 5 years as per Irish divorce law..

its EU5 Retention of rights, Nope average time is 6 months so still 2 to 3 months left. I submit every doc where her name was mention even her gym card as well.. now lets see..

We got married in June 2015 and got separated by April/May 2016 for the mentioned reason and then I have all the documentation/contacts to prove it.

I am thinking to apply divorce by 2020 Feb on 4 years separation (Feb16 to Feb2020). Hopefully, the referendum passes this year in May19 to reduce the separation period to 2 years.

Spouse has no address in EU(Italy) country because of dual citizenship, my only option is to get a divorce in Ireland. We both agreed in Dec 18 to make the separation agreement just to clear all the assets.

Did you apply divorce from Ireland? How long did it take for you to get divorced?

Thank you

Nope I applied divorce from her country. hire solicitor here who was in contact with other solicitor, and without travelling everything was done. divorce proceeding took 3 to 4 months, and Issuing decree additional 2 to 3 months, so you can say average time 6 to 8 months safe side, where both parties agreed..

Sorry for delay, does she has to reside or have address from her EU country to get divorce? (We got married in Ireland)
She is currently residing here in Ireland and never had address from her EU country address

I believe she don't have to reside ther.. yes she will need address, where court will send Notification of divorce.. that address can be any her parents OR her trusted friends OR some time solicitors they arrange that..