Stamp 4 Eufam Revoked

My stamp 4 Eufam revoked as i informed INIS in 2018 while coming back from home country that my wife is no more in Ireland left the country in 2017 myself married in 2014 Feb. INIS ask why your stamp should not be revoked as you Eu spouse is no more practicing EU treaty rights not currently in the state and finally after review they revoked my Stamp May be my marriage is one of convenience and i am in the process of taking divorce from her home country .
After getting a Decree of Divorce can i apply for retention of my stamp on my own basis?
what are the options i have left to be legalize myself in the country & continue living as i came in 2005 on student visa and change my status in 2014 i don't see any future back home. i even applied for student scheme and got refused due to change of stamp in 2014.
Any help or suggestion is much appreciated.

For how long did you hold that stamp while in full compliance with the conditions?

EEA residence rights for family members cease when the EEA member leaves the country or cease to exercise Treaty Rights.

There are per country some provisions that may allow a family member to stay under his/her own rights.

I hold that stamp for 4 years .It been revoked this year.
Being a non eu national what is my right in Ireland. i have been Married for more than five year separated last two years .Any suggestion is most welcome how to deal with this situation . will i take judicial separation or divorce and put this infront of EU court and ask for retention?

Many Thanks in advance

You ought to have divorced before she left the state. Divorcing after she had left, does not assist your case.

How about if i take divorce from spouse country where she is currently domicile. once i have divorce decree in hand can i apply for retention and by doing this what's my chances of getting positive answer ?

Can i also apply for Section 3 parallely as both are separately dealt.?
please any advise in these much appreciated.

In my view divorcing now will not give you any benefit as when your wife left the country your rights ceased immediately.
If you had divorced before she left the country, things would have been different.
I would say you should meet with a solicitor to review your options.
You also need to consider the following and provide evidence;
1. Was your wife working, studying (with private comprehensive insurance), self-employed (with private comprehensive insurance) or living with sufficient resources (with private comprehensive insurance) while she was living in Ireland with you?
2. How long in total did she keep exercising the above rights?

Humanitarian leave to remain can be applied once you have received the 3 options letter. It can be applied in parallel with other applications.

kupuser wrote: ↑

Mon Nov 25, 2019 12:46 pm

In my view divorcing now will not give you any benefit as when your wife left the country your rights ceased immediately.
If you had divorced before she left the country, things would have been different.
I would say you should meet with a solicitor to review your options.
You also need to consider the following and provide evidence;
1. Was your wife working, studying (with private comprehensive insurance), self-employed (with private comprehensive insurance) or living with sufficient resources (with private comprehensive insurance) while she was living in Ireland with you?
2. How long in total did she keep exercising the above rights?

Humanitarian leave to remain can be applied once you have received the 3 options letter. It can be applied in parallel with other applications.

Thank you kupser for the reply
As i am in very disturbing situation now . After some research on this i find that i should use Humanitarian Leave to remain .
can i also apply for naturalization in spouse country as i am eligible for that and my wife willing to Help in that and parallel also leave to remain on Humanitarian ground will there be any problem doing so.
please advise.

She is willing to come to Ireland & initiate Divorce and go back if help me in any situation.
will this divorce help me in applying for retention.
Thank you in advance

1. As for naturalisation in a different country I don't know how you can apply while being present in Ireland (required for humanitarian leave application). For this you might need to confirm with a solicitor.

2. If your wife returns you will first need to re-apply EU rights (stamp 4 EU FAM), showing her work activity as stated above and only then you can apply for divorce while she continues to work. This is because as far as INIS is concerned your rights have been revoked and you will need to obtain them again by a new application before you can request "retention" of these via divorce. As you can see the whole process will take a lot of time and effort.

As Kapsuer suggested above , your best move would depend on your spouse.
If she comes back and start exercising her rights for sometime (it is vague as of now) , you may apply for new residence card and also insist INIS to rescind your revocation , this way you would able to apply for naturalisation as well but I would advise you to involve good Solictors as they are acting in very tough manner and not following the directive in appropriate manner.
Thank

That's unlikely to work. He's already been revoked, INIS won't reinstate just because his wife returns to the state, they would have to be currently in a genuine and subsisiting marriage, which they are not.