Divorce or separation between an EU CItizen and Non Eu living in Ireland

[Lostwoman]

Hello!
I hope you could help me. I am a non EU living in Ireland, I am in Stamp 4 EU Fam full approved for 5 years. I have been marry for little over than 2 years.
I am full time working in Ireland for one year and half. I want to get divorce or separate, but I don’t want this affect my residency in Ireland. As I am planning to get my Irish passport after the 5 years married. The problem comes, when they ask me for proof of residency I don’t know if that include be living with him. We live in Dublin and is getting more and more expensive to live alone and almost everybody share place, not to many people give the proof of address.
I don’t know what to do, he is a little bit obsessive and over top with me he has not hit me yet, but he take his ways to talk to me to another level. I am a little bit concern about what he can do to me. He, in many ways wants to help me but also blackmailed me with my papers all the time. I don’t want to take revenge on him by calling Garda and make bigger the problem. I don’t want him to go to jail or something like that. I just want to know what are my options. In the best possible ways.
I have full time and next month they probably will leave me as permanent and I pay all my taxes and have private medical insurance.
Please if any of you can help me or been in a similar situation. I will appreciate your answers.
Thank you in advance!

[Ramsz]

Do you have kids together?

You have to be over 3years of marriage before you can stand alone and you must have a divorce documents with you at that time.

Nobody care about the tax you pay only if you have professional job like Nurse...Dr ...Senior IT such a job can make you stand alone don't do the mistake calling Police on him because the Law doesn't favour you Imagine him leaving the country same day he move out your EU fam residence stop try and talk it with him very well ...

Is not an easy road No No is not an easy road ...but all d best in it...

[Lostwoman]

Hello,

Thanks a lot for your reply.

Luckily we don’t have kids. So is there a possibility for me still after 3 years to remind in this country and get my documents after the 5 years visa?
I am trying to get the best of all, and believe me when I said I wish I wasn’t in this situation. But I cannot let him to be blackmailing me with the papers all the time like if I was a slave.
If my salary is up to 30000 thousand do you think is a possibility? Or just if I am In those careers I can have a chance?
Once again thanks for your reply!

[Bippin]

Hi
I don’t think Irish law will stand on his side if he abused you either verbal or physical or emotional and I am sure the law will protect you ,don’t keep this abuse going on just because you are desperately need visa ,I am confident that if you are victim of domestic abuse they will provide you with some sort of protection of any kinds as humanitarian and moral rules.Best of luck.

[Lostwoman]

Hello,

Thanks for your reply. I don’t want to be harmful to him in any way. He in general been good but he got angry is way to much. I cannot tolerate this.
I know I shouldn’t tolerate this just for the visa. But I don’t have a choice. I want to see what options I have without he being in jail.
Is just so frustrating the fact that I’m still cannot be protected and stay in this country.

[Ramsz]

Not sure if you can move to work permit because you already in stamp 4 which work permit you would need to be in stamp 1 for 2yrs before moving to stamp 4 my sister Notting good comes easy...

if anybody tell you is always green at their side is a lie other thing is if you have baby when you residence clock 3years the baby is automatic Irish with that you can stand alone...

this can be of help ...

http://eur-lex.europa.eu/legal-content/ ... 16&from=EN

[max307]

Hello!
I hope you could help me. I am a non EU living in Ireland, I am in Stamp 4 EU Fam full approved for 5 years. I have been marry for little over than 2 years.
I am full time working in Ireland for one year and half. I want to get divorce or separate, but I don’t want this affect my residency in Ireland. As I am planning to get my Irish passport after the 5 years married. The problem comes, when they ask me for proof of residency I don’t know if that include be living with him. We live in Dublin and is getting more and more expensive to live alone and almost everybody share place, not to many people give the proof of address.
I don’t know what to do, he is a little bit obsessive and over top with me he has not hit me yet, but he take his ways to talk to me to another level. I am a little bit concern about what he can do to me. He, in many ways wants to help me but also blackmailed me with my papers all the time. I don’t want to take revenge on him by calling Garda and make bigger the problem. I don’t want him to go to jail or something like that. I just want to know what are my options. In the best possible ways.
I have full time and next month they probably will leave me as permanent and I pay all my taxes and have private medical insurance.
Please if any of you can help me or been in a similar situation. I will appreciate your answers.
Thank you in advance!

So you want a divorce? The first advice any family lawyer should give you is: think again. And then, once you’ve thought about it, think about it yet again.

The Divorce Act requires that the couple must have lived apart for at least four of the five years before proceedings are issued. It’s not yet clear whether the couple have to be living in separate houses. During the referendum campaign, Government ministers seemed to suggest that a couple could be living apart if they were under the same roof but not sleeping together. That will have to be tested through the Courts.

The other important issue is your legal status, you will need to notify INIS of any change in your circumstances (marriage) and I'm not sure if you will be able to keep your current immigration status or apply for some sort of visa/residence on your own merit.

If you go ahead and withhold any information regarding your marriage it will go against you when trying to apply for Irish citizenship or when trying to renew your Stamp 4 EUFAM so under no circumstances I would recommend that! Others in this forum have received letter of intent to revoke Stamp 4/Stamp 4 EUFAM after INIS found out that the non-EU national and EU national weren't living together anymore. There are some legal clinics in Ireland where you can get free legal advise so I would try to get in touch with them, the fact that you are concerned for your safety might help your case, I'm pretty sure there is some protection for battered spouses in Ireland.

[Lostwoman]

Thanks a lot to all for the information. I do would like to stay here because, this is the place where I have my life made and all the opportunities that I cannot have in my country, but to what cost.

My marriage was real, I was in love and we were together for 2 years and half before married. What can I say sh&€ happens. I wish it wasn’t me. Is a pitty migration don’t allow couples to have marital problems or issues. Can happen even If I am a national.

I will see what I can do to sorted out in the best terms. If not what can I said I will have to leave. I don’t think I will stay longer in this relationship just to be mistreated.

Thanks a lot again!

[finalversion_2k]

Okay so couple of things you need to know first before deciding anything..

In Ireland you need to be seperate for 4 years in order to get divorce, so in your case just 2.3 years.. so means you cant divorce here..

lets suppose you somehow divorce: As immigration permission what you have is drives from your EU partner If you divorce your right to be in ireland will be invalid... In Order to validate your immigration permission is valid or not.. you will need to fill EU5 form.. google it you will find one..

in EU5 there are some mandatory checks.. your mrrg should be at least 3 years before Divorce, your EU partner should exercising ther treaty rights in Ireland (Means: he/She should be working, OR Study, OR you guys should have sufficient resources + Health Insurance of both of you). your EU partner should be in Ireland at the time of divorce (you can prove this by his payslips)

Most Important thing in EU5 application is EU Partner documents I'll give 70%, 30% may be yours NON-EU documents.

I have applied EU5 2 months ago and waiting for decision, I almost cross 50K every year, having pension, medical insurance and sufficient amount as well... but still they don't care, how beneficial you are for state.. from my experience what I noticed they will ask you tons of your EU partner documents.. if you think you have enough.. go for it..