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NON EU SEPARTED FROM EU

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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IQU
Diamond Member
Posts: 1020
Joined: Mon May 10, 2010 10:34 pm
Location: ireland

NON EU SEPARTED FROM EU

Post by IQU » Mon May 10, 2010 10:49 pm

hi i am non eu married with eu .i got married with eu national in 2005 in ireland got 1 year stamp.next year again we went to gnib together i got 1 more year stamp valid till 2007 .2007 again we went to gnib i got 1 year again stamp in my passport valid till 2008.2007 i also applied for residence card .i got approval .so i got 5 year stamp.but in 2008 i separted from my wife(she start force me to move to her country i had loan to pay)so basically we split together.my 5 years are finishing in july 2010.is i am elible to apply for permanent residence or irish citizenship.

Monifé
Senior Member
Posts: 653
Joined: Thu Feb 04, 2010 5:42 pm
Location: Dublin

Post by Monifé » Mon May 10, 2010 11:55 pm

Once you were married to your wife for 3 years or more and have documentary evidence to prove that and to prove that she was exercising her treaty rights, then you can retain the right of residence in your own right.

Also in order to retain the right of residence on your own under the directive, you should be exercising treaty rights (employed, self-employed, studying or self-sufficient with health insurance) and provide documentary evidence of this also.
Other features of the Regulations
•The new status of permanent residence for EU citizens and their family members after five years uninterrupted legal residence in the State is lost only in the event of more than two successive years’ absence from Ireland or in circumstances where removal procedures have been commenced against the person concerned.
•The death of the EU citizen, his/her departure from Ireland, divorce, annulment of marriage or termination of partnership will not affect the right of family members who are not nationals of a Member State to continue residing in Ireland, subject to certain conditions.
•Under the Directive, Member States have the power to expel persons from their territory. EU citizens or their family members may be expelled on grounds of public policy, public security or public health. However, before making such a decision the host Member State must assess a number of factors such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of his/her links with the country of origin.
Source: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

IQU
Diamond Member
Posts: 1020
Joined: Mon May 10, 2010 10:34 pm
Location: ireland

thanks

Post by IQU » Thu May 13, 2010 10:10 pm

[quote="Monifé"]Once you were married to your wife for 3 years or more and have documentary evidence to prove that and to prove that she was exercising her treaty rights, then you can retain the right of residence in your own right.

Also in order to retain the right of residence on your own under the directive, you should be exercising treaty rights (employed, self-employed, studying or self-sufficient with health insurance) and provide documentary evidence of this also.

[quote]Other features of the Regulations
•The new status of permanent residence for EU citizens and their family members after five years uninterrupted legal residence in the State is lost only in the event of more than two successive years’ absence from Ireland or in circumstances where removal procedures have been commenced against the person concerned.
[b]•The death of the EU citizen, his/her departure from Ireland, divorce, annulment of marriage or termination of partnership will not affect the right of family members who are not nationals of a Member State to continue residing in Ireland, subject to certain conditions.[/b]
•Under the Directive, Member States have the power to expel persons from their territory. EU citizens or their family members may be expelled on grounds of public policy, public security or public health. However, before making such a decision the host Member State must assess a number of factors such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of his/her links with the country of origin.[/quote]
Source: [url]http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights[/url][/quote]

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