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Divorce Advise Needed

Forum to discuss all things Blarney | Ireland immigration

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Dany1212
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Divorce Advise Needed

Post by Dany1212 » Sat Aug 17, 2019 11:25 am

Hi all,
Hope someone could guide me with correct advice for my case.
I am a Non EU citizen and I have been married with my wife (UK citizen) for just over three years (3y+8months) and things haven't been going on well so we decided to separate.
We have lived in Ireland the whole time and we are both professionals and have our jobs.
I have done some research online and would like some advice related to retain my residence after divorce. I believe this is the Form EU5(?).
My question is, can I inform immigration regarding that we are not together anymore? But obviously I don't have the Divorce paper yet as we just split up and this is time consuming document. Would an Initiation of divorce document counts? Or does need to be the paper after divorce is completed? In this case, would I be allowed to stay in the country until the divorce process is done?

I am a bit lost at the moment so if someone has been on this situation Or know how it proceeds, please give me your thoughts! Thanks a million!

Ramsz
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Re: Divorce Advise Needed

Post by Ramsz » Sat Aug 17, 2019 1:42 pm

Keep it to yourself until you finish the divorce and your ex still need to be in country working then you can be grant EU5 if not you are not qualify for Eu5 you never know if you people can come back together so keep it to yourself until you finish the divorce....

richard12
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Re: Divorce Advise Needed

Post by richard12 » Sat Aug 17, 2019 2:22 pm

Thank you Ramz!
But lets say He keeps and dont inform them, when he gets divorce and apply for retention, they will see that they were not together and living separated, will this not be an issue?

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CR001
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Re: Divorce Advise Needed

Post by CR001 » Sat Aug 17, 2019 3:02 pm

richard12 wrote:
Sat Aug 17, 2019 2:22 pm
Thank you Ramz!
But lets say He keeps and dont inform them, when he gets divorce and apply for retention, they will see that they were not together and living separated, will this not be an issue?
Why are you posting under 2 usernames??? This is not permitted on the forum!!!

announcements/multiple-member-id-s-t11811.html
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ramsz
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Re: Divorce Advise Needed

Post by Ramsz » Sat Aug 17, 2019 7:53 pm

richard12 wrote:
Sat Aug 17, 2019 2:22 pm
Thank you Ramz!
But lets say He keeps and dont inform them, when he gets divorce and apply for retention, they will see that they were not together and living separated, will this not be an issue?
So far the EU still in the state that is not issue you she may work in cork and you work in Dublin that is not an issue but if she move out of the state then you have issue.

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Re: Divorce Advise Needed

Post by richard12 » Sat Aug 17, 2019 9:06 pm

Thank you!
We are splitting up in good terms, and she will help me in anything I need.
We were thinking about not start divorce and keep all bills and prtb etc in the address of one of us so I can complete the 5 years and apply on my own. What do you think of that? Would this be too much risk?

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Casa
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Re: Divorce Advise Needed

Post by Casa » Sat Aug 17, 2019 9:16 pm

CR001 wrote:
Sat Aug 17, 2019 3:02 pm
Why are you posting under 2 usernames??? This is not permitted on the forum!!!

announcements/multiple-member-id-s-t11811.html
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
[/quote]

If you want to continue to post on this forum, I suggest you respond to CR001's question above. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ramsz
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Re: Divorce Advise Needed

Post by Ramsz » Sat Aug 17, 2019 9:21 pm

richard12 wrote:
Sat Aug 17, 2019 9:06 pm
Thank you!
We are splitting up in good terms, and she will help me in anything I need.
We were thinking about not start divorce and keep all bills and prtb etc in the address of one of us so I can complete the 5 years and apply on my own. What do you think of that? Would this be too much risk?
Best to do if you can do it ...

richard12
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Re: Divorce Advise Needed

Post by richard12 » Sat Aug 17, 2019 9:56 pm

Casa wrote:
Sat Aug 17, 2019 9:16 pm
CR001 wrote:
Sat Aug 17, 2019 3:02 pm
Why are you posting under 2 usernames??? This is not permitted on the forum!!!

announcements/multiple-member-id-s-t11811.html
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
If you want to continue to post on this forum, I suggest you respond to CR001's question above. :idea:
[/quote]


Guys, I just had an old account and forgot my password, so opened a new acc.
I used a laptop today and didnt notice the password was saved! That’s all!!! Going to delete the other acc as have my password saved!

nojoyfrominis
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Re: Divorce Advise Needed

Post by nojoyfrominis » Mon Aug 19, 2019 11:44 am

I would strongly advise you to inform inis on your situation. It could be taken against you if they find out you did not disclose the information.

richard12
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Re: Divorce Advise Needed

Post by richard12 » Tue Aug 20, 2019 11:47 am

nojoyfrominis wrote:
Mon Aug 19, 2019 11:44 am
I would strongly advise you to inform inis on your situation. It could be taken against you if they find out you did not disclose the information.
HI nojoyfrominis, but the point is, as I can understand if I inform them I won't be able to keep my residence as I can not apply for EU5. The whole system kinda push you to keep information from them. It's a difficult situation.

nojoyfrominis
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Re: Divorce Advise Needed

Post by nojoyfrominis » Tue Aug 20, 2019 2:45 pm

richard12 wrote:
Tue Aug 20, 2019 11:47 am
nojoyfrominis wrote:
Mon Aug 19, 2019 11:44 am
I would strongly advise you to inform inis on your situation. It could be taken against you if they find out you did not disclose the information.
HI nojoyfrominis, but the point is, as I can understand if I inform them I won't be able to keep my residence as I can not apply for EU5. The whole system kinda push you to keep information from them. It's a difficult situation.
These days everything is online and there is data sharing between departments. Even though your ex is cooperating and will have bills with you at your address. The matter of the fact is she has her own life and will have some sort of papertrail. Eg address with revenue or other departments.
If inis finds out they can and will revoke your visa.
It’s your decision end of the day but I will personally not risk spoiling my immigration history.

richard12
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Re: Divorce Advise Needed

Post by richard12 » Tue Aug 20, 2019 6:05 pm

nojoyfrominis wrote:
Tue Aug 20, 2019 2:45 pm
richard12 wrote:
Tue Aug 20, 2019 11:47 am
nojoyfrominis wrote:
Mon Aug 19, 2019 11:44 am
I would strongly advise you to inform inis on your situation. It could be taken against you if they find out you did not disclose the information.
HI nojoyfrominis, but the point is, as I can understand if I inform them I won't be able to keep my residence as I can not apply for EU5. The whole system kinda push you to keep information from them. It's a difficult situation.
These days everything is online and there is data sharing between departments. Even though your ex is cooperating and will have bills with you at your address. The matter of the fact is she has her own life and will have some sort of papertrail. Eg address with revenue or other departments.
If inis finds out they can and will revoke your visa.
It’s your decision end of the day but I will personally not risk spoiling my immigration history.
Yes, I agree with you! I better act under the law and hopefully they considerate that I am trying to do what is right (dont think they care).

Do you know or heard about any case on my situation nojoyfrominis?

Really appreciate your advice!

Ramsz
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Re: Divorce Advise Needed

Post by Ramsz » Wed Aug 21, 2019 3:52 am

The system is not made for you to survive keep it to yourself and have other option Plan B Plan C and many more wish you all the best in it.

finalversion_2k
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Re: Divorce Advise Needed

Post by finalversion_2k » Wed Aug 21, 2019 8:59 am

Things are not that easy how it looks, retention it self is very difficult these days, and these days they make it more difficult regardless you inform them or not.. I'll suggest to check the below post..

ireland/visa-revoked-and-citizenship-t287082.html

richard12
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Re: Divorce Advise Needed

Post by richard12 » Wed Aug 21, 2019 10:32 am

finalversion_2k wrote:
Wed Aug 21, 2019 8:59 am
Things are not that easy how it looks, retention it self is very difficult these days, and these days they make it more difficult regardless you inform them or not.. I'll suggest to check the below post..

ireland/visa-revoked-and-citizenship-t287082.html
Thank you for this finalversion_2k!

It's worrying indeed!

I will definitely prefer to do things under the law and inform them about my status rather than hold information and they could then build a case against me. I will look for legal advice on a solicitor and also immigrant counselling. A bit scary as I know some solicitors do not give accurate information. Does apply through a solicitor help in any way??
I know this means buy a long fight against them, but I don't see another way.

Our lease in the current house ends on next year February, so we will be living together until this time, then I will be just 10 months away to complete 5 years married. (Not sure if that would help?).

Does anyone know any successful case for this kind of situation?

I think everyone who was or have been on this situation know how stressful is, so any advice would be great. Thank you all!

finalversion_2k
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Re: Divorce Advise Needed

Post by finalversion_2k » Wed Aug 21, 2019 11:25 am

richard12 wrote:
Wed Aug 21, 2019 10:32 am
finalversion_2k wrote:
Wed Aug 21, 2019 8:59 am
Things are not that easy how it looks, retention it self is very difficult these days, and these days they make it more difficult regardless you inform them or not.. I'll suggest to check the below post..

ireland/visa-revoked-and-citizenship-t287082.html
Thank you for this finalversion_2k!

It's worrying indeed!

I will definitely prefer to do things under the law and inform them about my status rather than hold information and they could then build a case against me. I will look for legal advice on a solicitor and also immigrant counselling. A bit scary as I know some solicitors do not give accurate information. Does apply through a solicitor help in any way??
I know this means buy a long fight against them, but I don't see another way.

Our lease in the current house ends on next year February, so we will be living together until this time, then I will be just 10 months away to complete 5 years married. (Not sure if that would help?).

Does anyone know any successful case for this kind of situation?

I think everyone who was or have been on this situation know how stressful is, so any advice would be great. Thank you all!
@richard12 : yes its right to inform them. about solicitor I don't think they will give you any other advice.. I myself went to several solicitors last year 2018 Jan.. I try to move to work permit, as the job I'm doing from last 6 years come in Critical Skill category and my company was happy to sponsor me work permit but as per law you can't move from Stamp4EUFAM to Stamp1.. so then in the end I applied for Retention, now I'm waiting for decision to come, its been 11 months and waiting and my visa is going to expire in Oct not sure what to do.. back to your questions.

Applying through solicitor is always recommended..

10 months away OR year they doesn't make any difference for department.

One of my own good friend applied for retention 3 months before me and by the grace of god, he got his positive decision in 8 months, I'm hoping I'll also receive some decision soon..

richard12
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Re: Divorce Advise Needed

Post by richard12 » Wed Aug 21, 2019 11:59 am

finalversion_2k wrote:
Wed Aug 21, 2019 11:25 am
richard12 wrote:
Wed Aug 21, 2019 10:32 am
finalversion_2k wrote:
Wed Aug 21, 2019 8:59 am
Things are not that easy how it looks, retention it self is very difficult these days, and these days they make it more difficult regardless you inform them or not.. I'll suggest to check the below post..

ireland/visa-revoked-and-citizenship-t287082.html
Thank you for this finalversion_2k!

It's worrying indeed!

I will definitely prefer to do things under the law and inform them about my status rather than hold information and they could then build a case against me. I will look for legal advice on a solicitor and also immigrant counselling. A bit scary as I know some solicitors do not give accurate information. Does apply through a solicitor help in any way??
I know this means buy a long fight against them, but I don't see another way.

Our lease in the current house ends on next year February, so we will be living together until this time, then I will be just 10 months away to complete 5 years married. (Not sure if that would help?).

Does anyone know any successful case for this kind of situation?

I think everyone who was or have been on this situation know how stressful is, so any advice would be great. Thank you all!
@richard12 : yes its right to inform them. about solicitor I don't think they will give you any other advice.. I myself went to several solicitors last year 2018 Jan.. I try to move to work permit, as the job I'm doing from last 6 years come in Critical Skill category and my company was happy to sponsor me work permit but as per law you can't move from Stamp4EUFAM to Stamp1.. so then in the end I applied for Retention, now I'm waiting for decision to come, its been 11 months and waiting and my visa is going to expire in Oct not sure what to do.. back to your questions.

Applying through solicitor is always recommended..

10 months away OR year they doesn't make any difference for department.

One of my own good friend applied for retention 3 months before me and by the grace of god, he got his positive decision in 8 months, I'm hoping I'll also receive some decision soon..
Thank you finalversion_2k!
Did you inform them before you applied for the retention Or you just applied and through that they would know that you are applying for divorce? And when you informed them, did your Visa got cancelled or anything like that?

Also, as I know to apply for Retention I would have to have the Divorce Decree in hands, which I don't have yet as this is going to take years. Do you or your friend applied just with the initiation of divorce?

Thank you for your advise!!

finalversion_2k
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Re: Divorce Advise Needed

Post by finalversion_2k » Wed Aug 21, 2019 12:41 pm

@Richard12 : Nope I didn't inform them before applying. I just applied and they got notify from their.. just to make you understand let me explain.. Retention Application we submit to inform department AND in order to know our stamp is valid OR not.. visa will be cancel only if retention decision is Negative..

In Ireland its difficult to get divorce, so what I did and believe better option is if you divorce from her(Spouse) Country In your case I mean UK, that will be quicker. I applied without Divorce Decree, and sent them decree after 2 months... My friend he did more quicker way by applying from Asian country where it hardly takes 6 months.. So for you if you think mrrg is completely broken and No chance to be together.. I'll highly suggest you decide and apply for divorce so you can apply for retention..

White_Pearl
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Re: Divorce Advise Needed

Post by White_Pearl » Wed Aug 21, 2019 2:37 pm

@finalversion_2k
Sorry to interrupt.... divorce from foreign country is only recognised in Ireland if 1 of the spouses was domiciled 6 months before application of divorce until the final decree of judgement regarding divorce is issued....

So your former spouse, should be domiciled in her EU country for 6 months before application of divorce, until the case runs in that specific country.... this means, she should have left ireland 6 months before applying the divorce....

finalversion_2k
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Re: Divorce Advise Needed

Post by finalversion_2k » Thu Aug 22, 2019 8:59 am

White_Pearl wrote:
Wed Aug 21, 2019 2:37 pm
@finalversion_2k
Sorry to interrupt.... divorce from foreign country is only recognised in Ireland if 1 of the spouses was domiciled 6 months before application of divorce until the final decree of judgement regarding divorce is issued....

So your former spouse, should be domiciled in her EU country for 6 months before application of divorce, until the case runs in that specific country.... this means, she should have left ireland 6 months before applying the divorce....
@White_Pearl : I'll really appreciate if you show me in written Or with any reference of Irish site which is mentioning this 'divorce from foreign country is only recognized in Ireland if 1 of the spouses was domiciled 6 months before application of divorce '..
my wife she was living / working here, we hire company/broker here who was handling divorce ther in EU country, my wife she gave her parents address where court sent latter including date of court hearing, and at the day of hearing she appeared in court and that's it.. court gave decision and after 3 months we received decree attached with Apostle and translation.

I believe every Non-Irish person is domicile in her/his EU country. all what you need is address in that EU country where court can send latter / notice.

White_Pearl
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Re: Divorce Advise Needed

Post by White_Pearl » Thu Aug 22, 2019 10:05 am

Hi morning finalversion_2k

This is the website link from where i got it info once: https://europa.eu/youreurope/citizens/f ... dex_en.htm

My personal experience is as follows: i had my divorced filed in NL in 2010, i got the final decree in about 2/3 months and then i got it recognised in the Irish Circuit Court. Personally i found it a waste of time, because when the case came before the judge. The judge said, divorce from NL, that is fine, divorce granted in IE. That were more or less the words of the judge within 2/3 minutes the judge gave her decision without proper looking at the paperwork which i had with me at that time.

I just mentioned this about the 6 months rule and being domiciled in country of divorce of INIS being so strict nowadays

finalversion_2k
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Re: Divorce Advise Needed

Post by finalversion_2k » Thu Aug 22, 2019 10:35 am

@White_Pearl: thats what I'm saying here Irish Court and EUTreaty Department don't care from where you get divorce if its real. 6 month rule is not hard and strict.. and second in ireland its difficult to get divorce as you need to be Separated for 4 years out of 5 years.. Now there was referendum on this law..

About department it totally depend where your file lands and who's and who is looking into..

richard12
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Re: Divorce Advise Needed

Post by richard12 » Fri Aug 23, 2019 10:52 am

Thank you for all the advices guys, really appreciate it! I will let them know and take it from there.

@finalversion_2k I know you are waiting for your application, Bets of Luck for you! Hope you get it! And please keep us updated!!

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