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Non Eu separating from Irish spouse

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Alves012018
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Non Eu separating from Irish spouse

Post by Alves012018 » Mon May 13, 2019 6:29 am

Hi everyone. I hope you are all well.
I just have a query and would really appreciate if someone from here could clarify that for me please.
I’ve been married to an Irish person for nearly 3 years however things are not going well really sad 😔 so we have decided to go for separation agreement etc. Please see my details below:

Got married in 2016 20th of June
There is no chance to get back together and my Irish spouse won’t sign anything or wait until we are married for 3 years to support me with my application
We have been together for 4 years
We have no kids
We got married here in dublin
I am non eu citizen from South America
My stamp is valid until July
Working full time since 2016
I’ve been in Ireland since January 2015
We are still living together
I’ve already informed Imigration and they are checking my case.

My question is: is there any chance that I could still stay here even though we are officially separated now?

I’ve seen so many stories here but no one being separated in Ireland from an Irish person so any advice would be much appreciated.

Thanks a lot have a nice day.

finalversion_2k
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Re: Non Eu separating from Irish spouse

Post by finalversion_2k » Mon May 13, 2019 8:16 am

while on separation you can't do anything as per law & Rules.. you have to divorce and then need to apply for Retention of rights EU5 form.
EU5 form:
http://www.inis.gov.ie/en/INIS/form-EUT ... -EUTR5.pdf

Explanatory Leaflet:
http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

zeus121
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Re: Non Eu separating from Irish spouse

Post by zeus121 » Mon May 13, 2019 8:46 am

finalversion_2k wrote:
Mon May 13, 2019 8:16 am
while on separation you can't do anything as per law & Rules.. you have to divorce and then need to apply for Retention of rights EU5 form.
EU5 form:
http://www.inis.gov.ie/en/INIS/form-EUT ... -EUTR5.pdf

Explanatory Leaflet:
http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

That is for STAMP 4A not STAMP 4. There is an open discussion going on for this topic already. Please see the link.

ireland/citizenship-application-in-proc ... 74675.html

Obie
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Re: Non Eu separating from Irish spouse

Post by Obie » Mon May 13, 2019 9:54 am

finalversion_2k wrote:
Mon May 13, 2019 8:16 am
while on separation you can't do anything as per law & Rules.. you have to divorce and then need to apply for Retention of rights EU5 form.
EU5 form:
http://www.inis.gov.ie/en/INIS/form-EUT ... -EUTR5.pdf

Explanatory Leaflet:
http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf
This rules does not apply to spouses of Irish citizens. It only applies to stamp 4 EU fam holders. They qualify under EU law.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Mon May 13, 2019 10:07 am

Thanks all for all the clarification.
But how do I renew my visa which is due to expiry in July without my Irish souse?
Can I stay here until the divorce is done?
We have been married for only 2 years and 10 months.
Just worried as my job is asking for a new stamp 4? Have no idea what to do.

Thanks again,

finalversion_2k
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Re: Non Eu separating from Irish spouse

Post by finalversion_2k » Mon May 13, 2019 10:10 am

@zeus121 : I will love to know if you gv me any reference from INIS site about Stamp4 and Stamp4EUFAM excluding these (1. Stamp 4 you get via married to Irish citizen OR be on workpermit for more then 2 years..
2. Stamp 4 EUFAM specifically after mryng to EU-National)

EU5 form Use for 3 reasons Divorce, Death OR Left the Country regardless of Marriage (to Irish OR EU-National) OR De facto (to Irish OR EU-National).

I saw the post what you mentioned in your link, 2 things in that.. 1. Your and Alves012018 scenarios are different, Alves 3 years are not completed, Alves partner is not in mood to help/Sign any document, Alves didn't submit the application.. so right path for Alves inform the INIS and then follow their instructions..

would you like to share the End-Result of the post you shared? did you get approved? what happened to your application?

finalversion_2k
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Re: Non Eu separating from Irish spouse

Post by finalversion_2k » Mon May 13, 2019 10:13 am

@OBIE : correct me If I'm not wrong, you are saying if Irish mrrg dissolve before 3 years, NON-EU don't have any option to secure his status?? as you said EU5 is for EUs not for Irish??

Obie
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Re: Non Eu separating from Irish spouse

Post by Obie » Mon May 13, 2019 10:23 am

finalversion_2k wrote:
Mon May 13, 2019 10:13 am
@OBIE : correct me If I'm not wrong, you are saying if Irish mrrg dissolve before 3 years, NON-EU don't have any option to secure his status?? as you said EU5 is for EUs not for Irish??
Correct, that is what I am saying.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

zeus121
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Re: Non Eu separating from Irish spouse

Post by zeus121 » Mon May 13, 2019 10:38 am

Alves012018 wrote:
Mon May 13, 2019 10:07 am
Thanks all for all the clarification.
But how do I renew my visa which is due to expiry in July without my Irish souse?
Can I stay here until the divorce is done?
We have been married for only 2 years and 10 months.
Just worried as my job is asking for a new stamp 4? Have no idea what to do.

Thanks again,
I would advise you to write a letter to Spouse of Irish National Unit ASAP explaining your situation as your Stamp is expiring soon as they can take a while to get back to you with a decision and you would be left without any stamp waiting.
Write a letter to
Spouse of Irish National Unit (SIN/SOIN)
Residence Division - Units 5 and 6
Irish Naturalisation and Immigration Service
Department of Justice and Equality
PO Box 12695
Ireland
You would be stating your situation, change of circumstance, change of address, recently separated from your wife, in the hope you could apply for independence residence. They might give you a temporary stamp while you are waiting for the decision
Hope this helps.

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Mon May 13, 2019 11:09 am

Hi all,

I've already done this. so they are aware of my situation. I have already submitted the documents also.
My biggest concern is that I could be deported straight away as I have no right to stay after separation.
Is there any chance that I could get my stamp renewed for another year or 2. I am married to an Irish person so we can not get divorced now only after 5 years.
Is there any case that people stayed year longer on the basis of their own right?

Thanks again lets pray lets pray lol

zeus121
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Re: Non Eu separating from Irish spouse

Post by zeus121 » Mon May 13, 2019 11:18 am

Did you send a letter to

Spouse of Irish National Unit (SIN/SOIN)
Residence Division - Units 5 and 6
Irish Naturalisation and Immigration Service
Department of Justice and Equality
PO Box 12695
Ireland

If not then do it requesting for independent residency.

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Mon May 13, 2019 11:33 am

Hi yes I’ve done the asked me for more documents.

So not sure what is going to happen.

zeus121
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Re: Non Eu separating from Irish spouse

Post by zeus121 » Mon May 13, 2019 11:45 am

What sort of documents did they ask for?

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Mon May 13, 2019 4:50 pm

Loads of documents please see below


1. Original Passport (and any previous passports held by you)
2. Your Original Birth Certificate & Translation
3. Original Marriage Certificate and Translation
4. A Photocopy of Spouses Passport
5. A Photocopy of Spouses Birth Certificate
6. Original Divorce Papers or legal Separation Document - if relevant
7. Details of any Maintenance Arrangements
8. Passport Size photograph
9. Proof of Address – Utility Bills and Tenancy Agreement or Rent Book
etc.
10. Copy of GNIB Certificate of Registration Card
11. Please submit current Payslips & P60 for last two years
12. Please submit a 12 months statement from Social Welfare
13. Up to date 6 months Bank Statement clearly showing name and
address
14. Please Answer in Detail the Following:
(a)What were the circumstances surrounding the break down of your
marriage?
(b) How long were you married? Please give exact details regarding same.
© When did the marriage finally break down? Please give exact details
regarding same.
(d) Are you currently in contact with your spouse? If not, when was the
last time you were in contact with them?
(e) What are the Prospects of Reconciliation.

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Tue May 14, 2019 5:11 pm

Any thoughts about this? Is this the normal process?

Thanks again for all the clarification.

zeus121
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Re: Non Eu separating from Irish spouse

Post by zeus121 » Wed May 15, 2019 8:28 am

Yes all looks good to me except 2 things
4. A Photocopy of Spouses Passport
5. A Photocopy of Spouses Birth Certificate

How is anyone meant to get them if they are separated or not having good terms with their spouses?

Alves012018
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Re: Non Eu separating from Irish spouse

Post by Alves012018 » Wed May 15, 2019 4:06 pm

Completely agree have no idea why they have asked me that.

I am just worried 😟 now by the way I got an extension on my visa until October a bit less stressed 😩.

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