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Forum to discuss all things Blarney | Ireland immigration

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Wasim020290
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Please right information looking

Post by Wasim020290 » Wed May 19, 2021 2:47 pm

Friends,
Me and my latvian partner living in ireland from last 5 years. I got my stamp4 eufam before 3 years 2 month. I need complete more 1 year 4 month to apply EU3. We are de facto couple. We have 3 years old child . Things are not going well now. She was working here from past 5 years for my stamp condition. But now she do not want work and taking pup . Also argument going on between us. She is abusing me and threatening me always she cant pass this life for my visa matter. I am feeling very vulnerable situation as i am non eu national here in ireland . I tried comprise always but now is too much. She is abusing mentally for my visa matter that i am depend on her and whatever she like she can do. She put me always pressure for her financial needs which always i try to give. Sometime i manage her to understand sometime i cant . So things are worse now .

******My question can i apply independent status ? I do not want depend on her more with this abusive relation mentally pressure for my visa condition and financial threatening from her always.
******my partner said she can help all paperwork but she do not want work here anymore .

Plz guide me what should i do to stay here myself . Some people said apply domestic violence case. Is it good idea? She abused me for my visa condition and relationship is now abusing from her side. But we never want fight phisically when child is living with us. Please guide me. What are the domestic violence case chances to win ? She will help all paperwork . Thanks

Vorona
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Re: Please right information looking

Post by Vorona » Wed May 19, 2021 3:20 pm

What do you mean is it a good idea? If she's abusing you, go and report her for domestic violence and blackmailing. She's committing a crime. This is not an immigration matter.

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Wed May 19, 2021 3:26 pm

Vorona wrote:
Wed May 19, 2021 3:20 pm
What do you mean is it a good idea? If she's abusing you, go and report her for domestic violence and blackmailing. She's committing a crime. This is not an immigration matter.
As i am non eu national if she cancel my visa then i will be more vulnerable here thats is the reason still i am compromising.

littlerr
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Re: Please right information looking

Post by littlerr » Wed May 19, 2021 3:28 pm

If you believe you are being mentally abused, you can apply for independent status based on the Free Movement directive (SI No. 656/2006).

You must report your issue to a recognised body, be it Garda or a domestic violence support organisation.
You can try to get recordings or written proof of her blackmailing you if possible.

You will need at least a Garda report / a medical report / a domestic violence support organisation report / court order etc in order to apply for independent status.

Vorona
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Re: Please right information looking

Post by Vorona » Wed May 19, 2021 3:30 pm

Wasim020290 wrote:
Wed May 19, 2021 3:26 pm
As i am non eu national if she cancel my visa then i will be more vulnerable here thats is the reason still i am compromising.
She can't cancel your visa, it's not up to her to decide on your visa. Report her and let her know that you're not taking the abuse anymore. Give evidence, and walk away from this relationship.

irishman003
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Re: Please right information looking

Post by irishman003 » Wed May 19, 2021 3:36 pm

Wasim020290 wrote:
Wed May 19, 2021 2:47 pm
Friends,
Me and my latvian partner living in ireland from last 5 years. I got my stamp4 eufam before 3 years 2 month. I need complete more 1 year 4 month to apply EU3. We are de facto couple. We have 3 years old child . Things are not going well now. She was working here from past 5 years for my stamp condition. But now she do not want work and taking pup . Also argument going on between us. She is abusing me and threatening me always she cant pass this life for my visa matter. I am feeling very vulnerable situation as i am non eu national here in ireland . I tried comprise always but now is too much. She is abusing mentally for my visa matter that i am depend on her and whatever she like she can do. She put me always pressure for her financial needs which always i try to give. Sometime i manage her to understand sometime i cant . So things are worse now .

******My question can i apply independent status ? I do not want depend on her more with this abusive relation mentally pressure for my visa condition and financial threatening from her always.
******my partner said she can help all paperwork but she do not want work here anymore .

Plz guide me what should i do to stay here myself . Some people said apply domestic violence case. Is it good idea? She abused me for my visa condition and relationship is now abusing from her side. But we never want fight phisically when child is living with us. Please guide me. What are the domestic violence case chances to win ? She will help all paperwork . Thanks

Please ignore Vorona............

I am not an expert, so somebody else may correct me.

I see one non-eu friend, has a child with eu, eu left state, they been together for more than 5 years, but child is attending school here, my friend applied eu retention based on child's rights because child is eu, this is one way you need to look it up in details or consult a solicitor for other solutions.

I am also sorry to hear that you are in such bad situation, I totally understand you, however things here doesn't give non-eu too much protection and I heard a lot people on this forum who applied for retention has been waiting forever for a decision not to mention the numerous documents you have to send through, the best way even though I know is gonna hurt, is to fix the relationship until you get your EU 3 permanent card... then if things still not going well, you can just leave as you will be no longer depending on her.

Vorona
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Re: Please right information looking

Post by Vorona » Wed May 19, 2021 3:54 pm

Listed to those who advised you reporting her and save yourself time and money, If you leave it as it is, it will be damaging your health, because she will still be blackmailing and abusing you. If you have evidence of what you said it will not matter if you're a non EU or an EU citizen. You will get independent permission. Moreover if you report it first it will play in your favour.
irishman003 wrote:
Wed May 19, 2021 3:36 pm
Please ignore Vorona............
:mrgreen: you can start from yourself :mrgreen:

littlerr
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Re: Please right information looking

Post by littlerr » Wed May 19, 2021 4:38 pm

irishman003 wrote:
Wed May 19, 2021 3:36 pm
the best way even though I know is gonna hurt, is to fix the relationship until you get your EU 3 permanent card
So are you going to provide the blackmailing money to the OP?

You can't fix a relationship when someone clearly just wants to blackmail you. Abusers need to be reported.

irishman003
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Re: Please right information looking

Post by irishman003 » Wed May 19, 2021 5:10 pm

littlerr wrote:
Wed May 19, 2021 4:38 pm
irishman003 wrote:
Wed May 19, 2021 3:36 pm
the best way even though I know is gonna hurt, is to fix the relationship until you get your EU 3 permanent card
So are you going to provide the blackmailing money to the OP?

You can't fix a relationship when someone clearly just wants to blackmail you. Abusers need to be reported.
Of course, littlerr, he should report if he wants, I am just providing different angle for him to look, I am sure he is not stupid and he knows the right way is to report to Garda, simple thing to do, but why he was still posting here?

After all, we are not him, he knows which way is better for him, I encourage him to report for sure, but, we all know, process for retention is incredibly hard these days, even though for domestic violence, I saw many guys on this forum waiting forever for doing the right thing (divorce, report for domestic violence), I am sorry, fact hurts, if you are non-eu, the rules are not in favor of non-eu.

If I remember correctly, a guy here called finalversion sth, he choose to divorce, the right thing to do, but he was asked to submit numerous documents and still I believe he didn't get an answer, and he is trying to apply for Stamp 1 from Stamp 4 EU, from his words, he personally regretted for doing the right thing.

Again, OP, you are the boss of your life, and right thing is to report.

littlerr
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Re: Please right information looking

Post by littlerr » Wed May 19, 2021 5:33 pm

I haven't heard of anyone who has a valid HSE report or court order was denied independent permissions. Divorce and domestic violence are two completely separate matters. Divorce can be a mutual agreement (or disagreement) and is usually a civil matter, so it's not that easy for the minister to clearly tell who is 'at fault'. However, domestic violence is an offence. It would be very hard for the minister to refuse a victim's request.

Of course, the HSE/Court/support group report is paramount. They are usually more difficult to get than a Garda report. They are more comprehensive and it would be harder for the minister not to consider these reports.

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Wed May 19, 2021 8:08 pm

Many thanks guys for your reply. As i am non eu national you knows guys if visa revoked i can not work can not support family or may be i need go back. So for all reasons i never take action . Child is involved here so i didnt take this abusive partnership seriously . I always tried my best to manage her. Even if i am in bad situation . Partnership is over 7 years. always paid house rent daily expenses etc etc.
Only for 5 years old child interest we never engage in a physical violence.
My partner is on pup payment now. She is saying she will not work hard for my visa anymore and always criticise me for my visa matter.

Guys if i can stay here independently and look after my child even if my child move with her mom in other eu country.My child is not irish but eu citizen from her mom. I heared is very hard to get permission for domestic violence. Plz suggest me if there is any other way . Tnx

Vorona
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Re: Please right information looking

Post by Vorona » Wed May 19, 2021 8:31 pm

Advice already given, make decision and take action.

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Wed May 19, 2021 9:06 pm

The thing is that from both side we do not want engage in a physical violence because of child interest .
I was comprising all her abusing blackmailing because of child interest and my residence matter.
But now criticism abusive behaviour is day by day going worse.
If i report to garda that we are in abusing relationship and cant live together will it works as domestic violence permission to stay here? She will help all paperwork i believe for our child interest .
I am scared to apply only because heard minister is not giving permission for domestic violence non eu national easily. Because by chance if minister cancel my visa i will loose work right and it eill be very hard for me to survive.

irishman003
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Re: Please right information looking

Post by irishman003 » Thu May 20, 2021 11:37 am

Wasim020290 wrote:
Wed May 19, 2021 9:06 pm
The thing is that from both side we do not want engage in a physical violence because of child interest .
I was comprising all her abusing blackmailing because of child interest and my residence matter.
But now criticism abusive behaviour is day by day going worse.
If i report to garda that we are in abusing relationship and cant live together will it works as domestic violence permission to stay here? She will help all paperwork i believe for our child interest .
I am scared to apply only because heard minister is not giving permission for domestic violence non eu national easily. Because by chance if minister cancel my visa i will loose work right and it eill be very hard for me to survive.
I understand your concern, I suggest you to consult a solicitor, maybe have a search here 'domestic violence' to have a look of other's peoples story.

Best of luck.

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Thu May 20, 2021 9:04 pm

Hi irishman
Do you have any idea about the success rate of domestic violence case in ireland? Although i mentioned that we do not want involve in a physical violence for the child best interest. But my partner is willing to do the all paperwork for me for the child interest before she moving to her country . What do you think? I contacted irish lawyer they said they can apply only through the all circumstances thats all.

irishman003
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Re: Please right information looking

Post by irishman003 » Fri May 21, 2021 9:00 am

Wasim020290 wrote:
Thu May 20, 2021 9:04 pm
Hi irishman
Do you have any idea about the success rate of domestic violence case in ireland? Although i mentioned that we do not want involve in a physical violence for the child best interest. But my partner is willing to do the all paperwork for me for the child interest before she moving to her country . What do you think? I contacted irish lawyer they said they can apply only through the all circumstances thats all.
Sorry, no one can actually advise about the success rate...but is going to be a long long process no matter what is the result. What do you mean they can apply only through?

reachsid
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Re: Please right information looking

Post by reachsid » Mon May 31, 2021 3:26 pm

Sorry to hear, it is a tough time to deal.

I can speak from my experience, Independent visa will NOT be issued for Stamp 4 EUFAM holders.

I have gone through similar situation with my ex-partner after a year of marriage and I applied for Independent visa(with proof of abuse) but it was refused, response was to apply for EU5 after divorce. - This was in 2016.

We got divorced in 2020 and applied for EU5 (waiting for response)


Get in touch in community bodies like Amen or Immigrant Council, don't take abuse this will effect long-term.

Good luck.

Obie
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Re: Please right information looking

Post by Obie » Tue Jun 01, 2021 2:32 am

Is your child Irish Citizen?, how long had your partner been leaving in Ireland at the time your child was born?
Smooth seas do not make skilful sailors

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Tue Jun 01, 2021 7:56 pm

reachsid wrote:
Mon May 31, 2021 3:26 pm
Sorry to hear, it is a tough time to deal.

I can speak from my experience, Independent visa will NOT be issued for Stamp 4 EUFAM holders.

I have gone through similar situation with my ex-partner after a year of marriage and I applied for Independent visa(with proof of abuse) but it was refused, response was to apply for EU5 after divorce. - This was in 2016.

We got divorced in 2020 and applied for EU5 (waiting for response)


Get in touch in community bodies like Amen or Immigrant Council, don't take abuse this will effect long-term.

Good luck.
Hi we are not married at all. Our child was born in another eu country. Our non marital partnership in more than 7 years. Child is 4 years almost now. What is my right then if we can not stay together ?

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Tue Jun 01, 2021 8:11 pm

Obie wrote:
Tue Jun 01, 2021 2:32 am
Is your child Irish Citizen?, how long had your partner been leaving in Ireland at the time your child was born?
Hi obie
Child was born in other eu country. After that we moved here . She is in ireland 4.5 years. Sorry my child is 5 years now. By typing mistake i put 3 years . We are not married obie. Any option for me to stay . My stamp4 eufam is 3.5 almost years now. Can you advice me plz

Obie
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Re: Please right information looking

Post by Obie » Tue Jun 01, 2021 8:19 pm

It will not be the most straightforward of cases, but it will be around you applying for access rights for your son through the courts and applying on his basis, as you have not reported to GP or receiving treatment for emotional abuse, so proving will be tough.
Smooth seas do not make skilful sailors

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Tue Jun 01, 2021 9:33 pm

Obie wrote:
Tue Jun 01, 2021 8:19 pm
It will not be the most straightforward of cases, but it will be around you applying for access rights for your son through the courts and applying on his basis, as you have not reported to GP or receiving treatment for emotional abuse, so proving will be tough.
Thank you Obie for reply. We did not involve in physical violence never because always i tried to be stay quiet because of child future amd also my immigration matter. You can imagine it where is my situation .
7 years passed very hard life under this situation . If my partner move to latvia with his son then what can happen with my permission here. I do not want to move from here . Any chance i can get permission to stay? If i organise gp letter for abusing and if she agreed to help or give statement to police because of child interest . My point i want stayb in ireland independently and even if she take my child to latvia i will continue parental relationship for my child future interest. Please advice the best way to do and possibility to get permission from your experience
Thanks

Wasim020290
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Re: Please right information looking

Post by Wasim020290 » Thu Jun 24, 2021 10:26 am

Dear members,
I am Pakistani national. I have another 1 year left for applying PR through stamp4 eufam. But unfortunately my ​8 years unmarried partnership broken recently. We have 5 years old child.
My Latvian partner and child both left Ireland.
I met my solicitor regarding the situation because I see on EU treaty website that if EU de facto partner left then my current permission will be end.
*** My solicitor adviced me to inform EU treaty devision about my partner left state with child and same time put application under hegue convention law that you have right to access for child in Latvia. Solicitor said under this provision I can get new status to reside in Ireland independently and can access the right with child from here.
I want to know is that possible that I can stay in Ireland ??
I am working here full time.

Wasim020290
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Re: anybody have idea about hegue convention

Post by Wasim020290 » Thu Jun 24, 2021 9:35 pm

My Latvian partner and child both left Ireland.
I met my solicitor regarding the situation because I see on EU treaty website that if EU de facto partner left then my current permission will be end.
*** My solicitor adviced me to inform EU treaty devision about my partner left state with child and same time put application under hegue convention law that you have right to access for child in Latvia. Solicitor said under this provision I can get new status to reside in Ireland independently and can access the right with child from here.
I want to know is that possible that I can stay in Ireland ??
I am working here full time.

littlerr
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Re: Please right information looking

Post by littlerr » Thu Jun 24, 2021 9:46 pm

Please stop posting the same questions repeatedly across multiple threads.

You have been advised half a dozen times by a number of people to immediately report your situation to Gardai, HSE or any domestic violence support organisations, and to obtain a letter to prove that you are a victim of domestic violence. Have you done that? If you haven't, it's frankly very hard for you now.

Hague Convention is about child abduction and is not directly related to immigration. I doubt if anyone on the forum would have first-hand knowledge here on how that convention applies in actual life. Obtaining an independent status based on being a domestic violence victim was your best chance. If you don't trust your solicitor, talk to a few more and see what they think.

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