ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Retention of stamp 4 , Irish spouse

Forum to discuss all things Blarney | Ireland immigration

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

Locked
lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Retention of stamp 4 , Irish spouse

Post by lucidj » Tue Dec 29, 2020 12:04 am

Hello guys. I am a non eu married to an Irish guy. We married in February of 2017 and have been living together since then (still living together). We broke up this week because I am a trans woman and he's gay so obviously it doesn't work so we're gonna move out separetely bit we're still the best of friends and family. I have a great job, I got a level 6 in IT here and I am in my final year of a BsC in computer science in college. Is there any chance I can get a retention of visa? I have been on a stamp 4 for less than 3 years because it took a while for them to grant me, but we have been legally married for 4 years. We don't want to divorce or separate or anything , as a matter of fact we may even move back together around May. Any advice please?

PS: my current GNIB expires in 2023

Vorona
- thin ice -
Posts: 548
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by Vorona » Tue Dec 29, 2020 1:21 am

You've changed your story so quickly. Not even a full 24 hours passed since:

ireland/still-married-but-not-living-to ... 10499.html

Better stop acting a fool and creating contradicting posts. It's pointless and simply disrespectful.

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Tue Dec 29, 2020 1:27 am

Vorona wrote:
Tue Dec 29, 2020 1:21 am
You've changed your story so quickly. Not even a full 24 hours passed since:

ireland/still-married-but-not-living-to ... 10499.html

Better stop acting a fool and creating contradicting posts. It's pointless and simply disrespectful.
So I not have the right to change my circumstances? Things happen in life ok?

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Retention of stamp 4 , Irish spouse

Post by littlerr » Tue Dec 29, 2020 11:07 am

You of course have the rights, but this is not a small circumstance change as you mentioned previously. Things happen in life, but things like this did not happen overnight.

You contradict yourself in your post. You first said you now live separately, which is the definition of separation, and then you said you are not separated. You said your marriage didn’t work, and then you said you two are not looking to divorce or separate (btw you already are separating).

It’s very simple. You by law are required to inform INIS that you have separated. If you want to find a double room and live together in a few months, that’s not an issue for INIS. But if you are now saying you want to apply for retention, then I can only assume that you want a divorce, and you would have to get that done in order to get your retention. Finally, in order to apply for retention, you must still inform INIS that you are now separated and you intend to divorce.

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Tue Dec 29, 2020 2:32 pm

littlerr wrote:
Tue Dec 29, 2020 11:07 am
You of course have the rights, but this is not a small circumstance change as you mentioned previously. Things happen in life, but things like this did not happen overnight.

You contradict yourself in your post. You first said you now live separately, which is the definition of separation, and then you said you are not separated. You said your marriage didn’t work, and then you said you two are not looking to divorce or separate (btw you already are separating).

It’s very simple. You by law are required to inform INIS that you have separated. If you want to find a double room and live together in a few months, that’s not an issue for INIS. But if you are now saying you want to apply for retention, then I can only assume that you want a divorce, and you would have to get that done in order to get your retention. Finally, in order to apply for retention, you must still inform INIS that you are now separated and you intend to divorce.
Look, I'm sorry for upsetting you, me and my husband are just going through tough times. We want to live in separate homes or at least in the same house but different rooms , however we don't want to divorce nor separate and as I said we still consider each other family, it's just an unusual case and I am confused about what to do, I thought of retention but if I need to divorce in order to have that then I don't want it.

Vorona
- thin ice -
Posts: 548
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by Vorona » Tue Dec 29, 2020 5:54 pm

lucidj wrote:
Tue Dec 29, 2020 1:27 am
So I not have the right to change my circumstances? Things happen in life ok?
If you keep changing your story so quickly, no one is going to believe you. Creating contradicting posts/rising the same issue via duplicate threads is against the rules of the forum.

White_Pearl
Member
Posts: 220
Joined: Fri Jul 27, 2018 10:05 am
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by White_Pearl » Tue Dec 29, 2020 6:26 pm

lucidj wrote:
Tue Dec 29, 2020 12:04 am
Hello guys. I am a non eu married to an Irish guy. We married in February of 2017 and have been living together since then (still living together). We broke up this week because I am a trans woman and he's gay so obviously it doesn't work so we're gonna move out separetely bit we're still the best of friends and family. I have a great job, I got a level 6 in IT here and I am in my final year of a BsC in computer science in college. Is there any chance I can get a retention of visa? I have been on a stamp 4 for less than 3 years because it took a while for them to grant me, but we have been legally married for 4 years. We don't want to divorce or separate or anything , a matter of fact we may even move back together around May. Any advice please?

PS: my current GNIB expires in 2023

Hey

First you decide what you wana do: because in 1 sinfle post you are mentioning contradicting statements:

1: We broke up this week because I am a trans woman and he's gay so obviously it doesn't work so we're gonna move out

2: a matter of fact we may even move back together around May. Any advice please?

So it’s not clear what advice you are looking for.
As it’s not working out between you guys, and you already decided both of you will be together again in May?

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Tue Dec 29, 2020 6:52 pm

White_Pearl wrote:
Tue Dec 29, 2020 6:26 pm
lucidj wrote:
Tue Dec 29, 2020 12:04 am
Hello guys. I am a non eu married to an Irish guy. We married in February of 2017 and have been living together since then (still living together). We broke up this week because I am a trans woman and he's gay so obviously it doesn't work so we're gonna move out separetely bit we're still the best of friends and family. I have a great job, I got a level 6 in IT here and I am in my final year of a BsC in computer science in college. Is there any chance I can get a retention of visa? I have been on a stamp 4 for less than 3 years because it took a while for them to grant me, but we have been legally married for 4 years. We don't want to divorce or separate or anything , a matter of fact we may even move back together around May. Any advice please?

PS: my current GNIB expires in 2023

Hey

First you decide what you wana do: because in 1 sinfle post you are mentioning contradicting statements:

1: We broke up this week because I am a trans woman and he's gay so obviously it doesn't work so we're gonna move out

2: a matter of fact we may even move back together around May. Any advice please?

So it’s not clear what advice you are looking for.
As it’s not working out between you guys, and you already decided both of you will be together again in May?
Yes we broke up as a romantic couple but we are family and we will look for a place to live together again around May but for now we will live separetely. I am afraid if any of this affects my visa but my husband is willing to do anything for me just as I am willing to do anything for him. We are best friends and life partners but our romantic relationship didn't work out.

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Retention of stamp 4 , Irish spouse

Post by littlerr » Tue Dec 29, 2020 6:59 pm

lucidj wrote:
Tue Dec 29, 2020 2:32 pm
I thought of retention but if I need to divorce in order to have that then I don't want it.
It’s not what you want. You are legally required to report your separation with your Irish spouse to INIS. Have you done that? I don’t think this forum can provide help in any capacity to you if you decide not to abide by the law.

If you have reported your separation to INIS, nothing will happen to you right now. You may move back together within a few months. Or you may wish to apply for residence on a different stamp. But if you don’t report to INIS now, you will be taking a huge unnecessary risk for your own future. Your husband may be able to report to INIS that you obtained your residence in a fraudulent way. Even if your husband doesn’t do that, your husband’s parents may do that - as they don’t seem to like you based on what you said.

INIS doesn’t care whether you are good friends or whether you are life partners. They only care whether you live together and whether you hold a marriage cert. if you cannot satisfy either of the condition, you must report this to them.

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Tue Dec 29, 2020 10:00 pm

littlerr wrote:
Tue Dec 29, 2020 6:59 pm
lucidj wrote:
Tue Dec 29, 2020 2:32 pm
I thought of retention but if I need to divorce in order to have that then I don't want it.
It’s not what you want. You are legally required to report your separation with your Irish spouse to INIS. Have you done that? I don’t think this forum can provide help in any capacity to you if you decide not to abide by the law.

If you have reported your separation to INIS, nothing will happen to you right now. You may move back together within a few months. Or you may wish to apply for residence on a different stamp. But if you don’t report to INIS now, you will be taking a huge unnecessary risk for your own future. Your husband may be able to report to INIS that you obtained your residence in a fraudulent way. Even if your husband doesn’t do that, your husband’s parents may do that - as they don’t seem to like you based on what you said.

INIS doesn’t care whether you are good friends or whether you are life partners. They only care whether you live together and whether you hold a marriage cert. if you cannot satisfy either of the condition, you must report this to them.
Thanks for your advice , I am seeing my lawyer next week and then will notify INIS , my husband and I are still living together for now so it's fine. Thanks for the advice

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Wed Dec 30, 2020 8:01 pm

Anyone else with experience in similar cases? Does my current 3 year visa gets cancelled once I inform INIS of separation?

lucidj
Junior Member
Posts: 80
Joined: Wed Mar 07, 2018 5:49 pm
Mood:
Ireland

Re: Retention of stamp 4 , Irish spouse

Post by lucidj » Thu Dec 31, 2020 2:50 am

**** UPDATE *****

After long hours of talk, me and my husband decided to continue living together , we may live apart for a month or two while we find a new place but that's all. Thanks everyone for your advice.

Locked
cron