Non-Eu Father - what rights I have?

[webber]

Dear All,

I am new to this forum and looking for some advise on my situtation. I am married to EU-National (CZ) and have 1 child. Things are little shaky in my marriage and she was in CZ last year for over 5months with my son.

I am on EU-Family Stamp and this has to be renewed every year. She is planning to move to CZ permanently with my son. This leaves me with couple of questions:

1) I was last told in GNIB that my VISA is solely based on my wife; what happens when she is gone? Can i still renew my stamp or do I have to leave the country? (I am here in ireland since 2002 - was on STUDENT VISA (2002-2005))

2) If any one know - what kind of child support money she is entitled to according to CZ or IRE laws? I love my son but I am under the impression that she is going overboard with her demands. She is getting "Benifit" in CZ for my son and 3yrs left...

Thank You in advance for your help.

[archigabe]

you might be able to get some ideas from this post...

http://www.immigrationboards.com/viewtopic.php?t=20971

The only concrete right you have is posted in article 12 of Directive 2004/38/EC.

http://eur-lex.europa.eu/LexUriServ/Lex ... 048:EN:PDF

Without prejudice to the second subparagraph, the Union
citizen's death or departure from the host Member State shall
not affect the right of residence of his/her family members who
are nationals of a Member State

(a) prior to initiation of the divorce or annulment proceedings
or termination of the registered partnership referred to in
point 2(b) of Article 2, the marriage or registered partner-
ship has lasted at least three years, including one year in
the host Member State; or
(b) by agreement between the spouses or the partners referred
to in point 2(b) of Article 2 or by court order, the spouse
or partner who is not a national of a Member State has
custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances,
such as having been a victim of domestic violence while
the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to
in point 2(b) of Article 2 or by court order, the spouse or
partner who is not a national of a Member State has the
right of access to a minor child, provided that the court has
ruled that such access must be in the host Member State,
and for as long as is required

(15)
Family members should be legally safeguarded in the
event of the death of the Union citizen, divorce, annul-
ment of marriage or termination of a registered partner-
ship. With due regard for family life and human dignity,
and in certain conditions to guard against abuse,
measures should therefore be taken to ensure that in
such circumstances family members already residing
within the territory of the host Member State retain their
right of residence exclusively on a personal basis.

[Directive/2004/38/EC]

How long have you been married? Have you applied for a Residence Card using form EU1?

[webber]

How long have you been married? Have you applied for a Residence Card using form EU1?

Thank you for your response guys! really appreciate it - I got married in Aug 2005. I dont even know what is EU1? - I am on EU-FAM Stamp.

Happy New Year to you guys....

[Directive/2004/38/EC]

I believe EU-FAM is the same as a Residence Card. EU1 is just the current name of the form you use for the application.

It sounds like it is a difficult situation. I hope you can make the relationship work, for the benefit of each of you.

[webber]

I believe EU-FAM is the same as a Residence Card. EU1 is just the current name of the form you use for the application.

It sounds like it is a difficult situation. I hope you can make the relationship work, for the benefit of each of you.

So what exactly is my EU-FAM or EU1 status? Do I have to leave the country and my business?

Oh boy - this gonna be hard one to handle in new year...

[Directive/2004/38/EC]

You should read more about it at http://eumovement.wordpress.com/directive-200438ec/. Note that you have a Residence Card

[walrusgumble]

sorry for your troubles,

but whatever you do make sure that in the unfortunate event of break up, make sure that you apply to the family law courts for legal guardianship, access and if possible joint custody (last one highly unlikely)