Urgent - Question on Multiple applications for spousal reunification.

humtumpyr123 · Post by **humtumpyr123** » Thu Sep 27, 2018 1:03 pm

Hello Guys,

I live in Ireland and I am from India. I got married with EU girl in 2014 in Ireland . Due to some reason we got separated in 2015 and we got divorce in 2017.I made my divorce in her country.

When I got married with her I got Stamp 4 , when she separate and left Ireland my visa got revoked , but later on in 2017 by God grace I got work permit, so right now I have general work permit and I have
Stamp 1.

Now, my parents want me to do arrangement marriage in India.
I read this following paragraph from the following PDF.

http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-other
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

20 Multiple applications for spousal reunification/ Polygamy

20.1 A sponsor who is joined by a spouse/partner in Ireland will, in the event
of the termination of the marriage or civil partnership (by divorce or
dissolution), be ineligible to be joined by a further spouse or partner until
a minimum 7 years have elapsed from the date of the first spousal
permission. This 7 year waiting period will also be applied where the
sponsor was him/herself granted permission to reside in Ireland as the
non-EEA spouse/partner of an EU national exercising their rights of free
movement. Where there are reasonable grounds to suggest that the
earlier marriage or partnership was one of convenience further
permissions may be refused even where the periods set out above have
been exceeded. [/b]

My questions is do you think I have to wait 7 years to bring my spouse from India if I get marry in India Although I got divorce with my EU spouce in 2017?

Please keep in mind that currently I have stamp 1.
Please let me know what do you think?

arz1986 · Post by **arz1986** » Thu Sep 27, 2018 2:20 pm

I think it is highly complex situation, u need barrister advice on it. I heard similar case. but INIS refuse it and give similar refusal reason.

max307 · Post by **max307** » Thu Sep 27, 2018 3:15 pm

humtumpyr123 wrote: ↑
Thu Sep 27, 2018 1:03 pm
Hello Guys,

I live in Ireland and I am from India. I got married with EU girl in 2014 in Ireland . Due to some reason we got separated in 2015 and we got divorce in 2017.I made my divorce in her country.

When I got married with her I got Stamp 4 , when she separate and left Ireland my visa got revoked , but later on in 2017 by God grace I got work permit, so right now I have general work permit and I have
Stamp 1.

Now, my parents want me to do arrangement marriage in India.
I read this following paragraph from the following PDF.

http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-other
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

20 Multiple applications for spousal reunification/ Polygamy

20.1 A sponsor who is joined by a spouse/partner in Ireland will, in the event
of the termination of the marriage or civil partnership (by divorce or
dissolution), be ineligible to be joined by a further spouse or partner until
a minimum 7 years have elapsed from the date of the first spousal
permission. This 7 year waiting period will also be applied where the
sponsor was him/herself granted permission to reside in Ireland as the
non-EEA spouse/partner of an EU national exercising their rights of free
movement. Where there are reasonable grounds to suggest that the
earlier marriage or partnership was one of convenience further
permissions may be refused even where the periods set out above have
been exceeded. [/b]

My questions is do you think I have to wait 7 years to bring my spouse from India if I get marry in India Although I got divorce with my EU spouce in 2017?

Please keep in mind that currently I have stamp 1.
Please let me know what do you think?

I heard from several others that's the case - you will need to wait 7 years.

My recommendation would be to get a solicitor involved and they should be able to advise you better in the matter.

Mal111 · Post by **Mal111** » Thu Sep 27, 2018 4:01 pm

well its pretty clear and you know the answer if you were married in 2014 you have to wait the 7 years count start from the date of marriage so you cant bring your spouse until 2021.

I think what's confuses you is because your eufam visa was revoked you think the marriage was also void and this waiting period doesn't apply to you but that incorrect they revoke your visa but the marriage was never nullified or voided in court it did exist and the fact you got divorce is a proof that the court of your ex spouse country also recognised the marriage as well as ireland.

I don't think any barrister or solicitor would say otherwise

humtumpyr123 · Post by **humtumpyr123** » Thu Sep 27, 2018 4:17 pm

Thank you for your clarification.

I am thinking that rule will not be imposed on me because my visa status has been changed as I have Stamp 1 now.
I am not residing in Ireland based on EU fam now.

humtumpyr123 · Post by **humtumpyr123** » Thu Sep 27, 2018 4:18 pm

If any one of your friend had similar situation, please let me know there experience.

Mal111 · Post by **Mal111** » Thu Sep 27, 2018 4:42 pm

the rule is not put in place as to what visa you hold.

for example
an Irish citizen who marry an Irish citizen then divorce her/him and then go to a third country get married there and try to bring the third country spouse to Ireland they also have to wait 7 years from the date of their first marriage to apply for their new spouse visa

Mal111 · Post by **Mal111** » Thu Sep 27, 2018 4:52 pm

the rule is not put in place as to what visa you hold.

for example
an Irish citizen who marry an Irish citizen then divorce her/him and then go to a third country get married there and try to bring the third country spouse to Ireland they also have to wait 7 years from the date of their first marriage to apply for their new spouse visa

please ignore this post the example I gave is incorrect I got mix up with something else.

humtumpyr123 · Post by **humtumpyr123** » Wed May 01, 2019 11:31 am

Hi Guys,

Please reply to my post if you or any of your frnd come under same situation.

Thanks,

finalversion_2k · Post by **finalversion_2k** » Thu May 02, 2019 8:32 am

@humtumpyr123 when you gt divorced in 2017 did you applied for retention first or straight away work permit??

I didn't saw anyone with that scenario, but as per my understanding you was on EUtreatyRight before and that 7 year rule implement on persons who is under EUtreatyRight umbrella permissions...

Now currently you are under DBEI umbrella which is separate entity, which means logically DBEI rule and regulations should implement on you..

I believe EUtreatyRights are regulation set for all European countries including Ireland, where as DBEI is specifically for Ireland and nothing to do with EUTreatyRights.. both departments are different, both work on different types of scenarios.. so I believe there shouldn't be any problem..

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Urgent - Question on Multiple applications for spousal reunification.

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