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Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Forum to discuss all things Blarney | Ireland immigration

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jfranco
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Brazil

Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by jfranco » Fri Jul 26, 2019 4:14 pm

Hi All,

I am currently living in Ireland with a Stamp 4. I received it via De Facto Partnership as I used to live with my girlfriend. She left the country a few months ago (well, initially she would come back) but she didn't return. Which means, I am vulnerable visawise.

I work in IT and I intend to ask the company to apply for the Critical Skills work permit. I am employed on a permanent contract.

Does anyone think I could have any problems with my application? I assume it is not common to go from a stamp 4 visa to a stamp 1.

Thank you very much!
Regards,
Joao

Mouldiben
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Posts: 12
Joined: Sat Jul 27, 2019 5:32 am
Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Sat Jul 27, 2019 9:23 am

Hi Joao,

I'm in the same situation. My wife is still with me except she's living in northern Ireland for the last 3 years and my stupid mistake was to not telling the immigration about the change.

My stam 4 EU fam now expired and when I applied for the work permit it was rejected and now the treaty rights unit sent me a letter asking for proofs for the last 5 years and I don't know what to do.

If they will revoke my expired stamp 4 EU fam will I be able to stay and keep my work and apply for work permit or not.

finalversion_2k
Member of Standing
Posts: 383
Joined: Tue Jul 11, 2017 10:03 am

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Sat Jul 27, 2019 8:11 pm

I was in similar situation last in end of 2017, met lots of solicitors.. I also work in IT full time role, company is registered partner..

Simple and short answer is you cant change stamp4 to stamp1.. if you will see gnib site, you will find one table where they mentioned it.. you guys need to apply eu5 if you are married to European citizen..

Mouldiben
Newly Registered
Posts: 12
Joined: Sat Jul 27, 2019 5:32 am
Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Sat Jul 27, 2019 10:00 pm

Thanks for sharing your story.

Quick question will I be able to keep my job when I apply for eu5 ?

Thanks

finalversion_2k
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Joined: Tue Jul 11, 2017 10:03 am

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Sun Jul 28, 2019 10:00 am

Be honest I'm still doing job and eu5 is in process.. I believe they can work, point is that on eu5 there is written what non EU-person is doing job, self sufficient, or study. If you will leave the job that means you are burden on state. Else you should have sufficient resources.

As per that logic I believe you can do job but your permission will review in due course..

Ramsz
Junior Member
Posts: 68
Joined: Mon May 28, 2018 7:37 am
Ireland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Sun Jul 28, 2019 10:36 am

finalversion_2k wrote:
Sun Jul 28, 2019 10:00 am
Be honest I'm still doing job and eu5 is in process.. I believe they can work, point is that on eu5 there is written what non EU-person is doing job, self sufficient, or study. If you will leave the job that means you are burden on state. Else you should have sufficient resources.

As per that logic I believe you can do job but your permission will review in due course..



How long is the Eu5 application ? and do you think someone can get positive reply even when the EU have left the country and did not get divorced?

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Mon Jul 29, 2019 8:31 am

EU5 Application decision depends on case by case.. I know someone who submit the application 2 months before and he got approval in 9 months, where as I'm still waiting..

be honest I don't think so, as if EU left the state that means your permissions get invalid from that time.. EU person need to be in Ireland at the time of divorce and you have to prove this in documents that she's in state at time of divorce.

Ramsz
Junior Member
Posts: 68
Joined: Mon May 28, 2018 7:37 am
Ireland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Tue Jul 30, 2019 6:20 am

finalversion_2k wrote:
Mon Jul 29, 2019 8:31 am
EU5 Application decision depends on case by case.. I know someone who submit the application 2 months before and he got approval in 9 months, where as I'm still waiting..

be honest I don't think so, as if EU left the state that means your permissions get invalid from that time.. EU person need to be in Ireland at the time of divorce and you have to prove this in documents that she's in state at time of divorce.

But someone can get divorced out of the state and bring the document to show over here as prove ?

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Tue Jul 30, 2019 8:29 am

yes you can divorce out of the state, I did divorce outside state, but in that time she need to be paying taxes here, or studying here, in other words excising her treaty rights here. and just go ther for signing the documents or attending court hearing. but after she need to be back ASAP..

you need to understand in EU5 Retention, her documents are more important then yours, you get stamp here because she was exercising her treaty rights.. if she's not exercising her treaty rights then your permissions are already in doubt/Invalid. you need to show her activity from date of mrrg till decree of divorce..

jfranco
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Brazil

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by jfranco » Tue Jul 30, 2019 11:39 am

Hi All,

First of all, thank you for all the answers. My situation seems complicated..
I was never married to my partner. We did a De Facto Partnership application, this is how I got my visa. She went back home in October saying she would be back in January. She didn't and she broke up with me in the end of April. We didn't break up in the best terms, to be honest. And I think I need her signature on the EU5 form.

I also don't have a proof of divorce for the simple reason we were never married.

I have a permanent contract and payslips though. Fixed residence for 2.5 years.

I thought before that if I applied for a work permit and went to the GNIB office they would just give me a stamp 1 card and keep my stamp 4 card.

Now I'm of applying for the EU5 and pray for a positive answer.
Otherwise I will have to go back home.

Would you guys advise me to apply for the EU5?

Question is: If they deny my EU5, what happens? I am asked to leave the state? And if I do leave, am I allowed to apply for a working permit while I'm outside the state?

Thank you very much.. I've been through a few really bad days because of this issue.
Thanks!

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Tue Jul 30, 2019 12:28 pm

First would you confirm you got Stamp4 OR Stamp4EUFAM??

Second honestly if she left the state then chances are low are no chance you get retention.. yes you can review the application which may give you some more time here.. yes you may have to leave state as Problem is that FROM stamp4 you cant move to stamp1, stamp2.. Yes you can apply for work permit from outside country if your company is happy to offer you..

jfranco
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Brazil

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by jfranco » Tue Jul 30, 2019 12:45 pm

Hey.

Thank you again for your answer.
My visa is Stamp4EUFAM.

Yes.. She did leave the state. Last October. Said she would return in January but ended up never coming back.

I'd say that my company would apply for my Work Permit... But I really would prefer to do everything while I'm here.

My worst fear is that they could deny it when I'm outside the country...

I'm very lost at the moment =/

finalversion_2k
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Joined: Tue Jul 11, 2017 10:03 am

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Tue Jul 30, 2019 1:28 pm

Yes you will need to apply EU5.. if she leave the state then its very difficult for you.

I can understand your situation because i crossed this stress path.. honestly I'm also worried, because there wasn't any other option so i did what law and rule was saying.. Now I'm waiting.

Ramsz
Junior Member
Posts: 68
Joined: Mon May 28, 2018 7:37 am
Ireland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Tue Jul 30, 2019 4:44 pm

I know someone the work offer him the support he went back to his country and his back in the country now but is not an easy task ...

Mouldiben
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Joined: Sat Jul 27, 2019 5:32 am
Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Tue Jul 30, 2019 6:27 pm

Could you explain more it's not an easy task please?

Ramsz
Junior Member
Posts: 68
Joined: Mon May 28, 2018 7:37 am
Ireland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Tue Jul 30, 2019 7:32 pm

Not easy task I mean is that going back to your country and wait for the reply about the visa permit maybe they will grant you or not ...He got separate from the girl friend and they stop the EU fam card he never to leave the country to apply for the work permit .

Mouldiben
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Joined: Sat Jul 27, 2019 5:32 am
Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Tue Jul 30, 2019 8:20 pm

Thanks man.

Do you know how long it did took him to comeback?

Sorry about the questions, it just that I am planning to do the same thing.

Thanks

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Wed Jul 31, 2019 8:38 am

its not in persons hand how quickly he/she can comeback..

it depends on your sponsor/company. if they are trusted partner then visa will be done in 3 weeks time.. if sponsor/company not trusted partner in that case it can take upto 8 weeks. let me clear its just decision waiting time, decision can be positive OR negative..

Mouldiben
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Posts: 12
Joined: Sat Jul 27, 2019 5:32 am
Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Sat Aug 03, 2019 9:40 am

finalversion_2k wrote:
Wed Jul 31, 2019 8:38 am
its not in persons hand how quickly he/she can comeback..

it depends on your sponsor/company. if they are trusted partner then visa will be done in 3 weeks time.. if sponsor/company not trusted partner in that case it can take upto 8 weeks. let me clear its just decision waiting time, decision can be positive OR negative..
Thanks. Will keep you posted!

Mouldiben
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Finland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Wed Aug 14, 2019 10:14 pm

Any news, guys ?

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