4 EUFAM & seperation, Divorce, Marriage Annult

zafarzafar · Post by **zafarzafar** » Thu Apr 23, 2009 12:20 pm

Hi Guys, I went to a very good solicitor today and discussed with him about the situation where there is a chance of seperation between EU citizen and Non EU spouse, as on the bases of EU spouse i got 4 EUFAM.
The Solicitor advised that european legeslation recomends if there is a case of seperation and if the NON EU spouse is in full time employment there would be no effect of the immigration status of NON EU citizen.
I just wanted to know what you guys thinks about it.
and if possible give me the recomendations/articles from the regulations of eurpoean court / Irish court (Law)etc etc.
much appreciated.
Regards

Post by **John** » Fri Apr 24, 2009 10:21 am

How long have the two of you been married? And how long have the two of you lived together in Ireland?

zafarzafar · Post by **zafarzafar** » Fri Apr 24, 2009 11:31 pm

i am married 3 years and on stamp 4 EUFAM 2 years and living in ireland from last 5 years but out of 5 years i was on student visa for 3 years

Post by **John** » Sat Apr 25, 2009 8:39 am

That being the case, as long as your spouse is exercising EU Treaty Rights in Ireland when the divorce petition was/is presented, you have preserved Treaty Rights, even though, as from the moment the divorce is finalised, you are no longer deemed to be a "family member".

Do appreciate that if the two of you are "merely" separated, and not divorced, you have no preserved rights when you come to apply for PR, and are thus dependent upon your spouse co-operating with you and supplying supporting evidence, for that PR application.

Post by **John** » Sat Apr 25, 2009 8:12 pm

Just to clarify what I have posted above, it is of course the case that a separation precedes a divorce. That is, no one gets divorced without first separating.

Whilst separated the non-EEA spouse retains their Treaty Rights ... because they are still a "family member" of an EEA citizen. They only cease to be a "family member" when the divorce has been finalised.

At that moment the non-EEA citizen retains their Treaty Rights, even though they are no longer a "family member", and as long as the marriage lasted 3 years before divorce proceedings were initiated, and the couple lived together for at least 1 year in the EEA state that issued the Residence Card, the non-EEA person can proceed to apply for Permanent Residence status before they get to the 5-year point.

zafarzafar · Post by **zafarzafar** » Sat Apr 25, 2009 11:45 pm

Hi John
could u plz advised some thing about my case, which is as under.

My question is very simple. Suppose i am a Non EU national holder of 4 EUFAM card (5 years), If after 3 years (36 months) on getting 4 EUFAM we get seperated or divorce or marriage annultment or my EU spouse departure from state.
My Concerns: What what would be effct on my residency ?
What are my rights ?
and how i can retain my residency ?
Would i loose my residency because i am no longer living wit my EU spouse ?
My Personal Circumstances:
I am married 2 years 8 months years.
I am on stamp 4EUFAM from last 2 years.
I am in full time employment.
I am Irish University qualified.
I have no criminal Record.
I have private medical Insurance .
I am healthy
If my question is still not clear plz ask again
Regards

Post by **John** » Sun Apr 26, 2009 9:43 am

I am married 2 years 8 months years.

That being the case, if the Divorce Petition is presented to the Court prior to the 2 of you being married 3 years, you will not have any right to get PR status.

zafarzafar · Post by **zafarzafar** » Tue Apr 28, 2009 8:23 am

Hi JOhn
so would u suggest if i apply for divorce after 3 years of my marriage than i can retain my residency....???

Post by **John** » Tue Apr 28, 2009 9:43 am

Where is your wife? Is she still in Ireland? Still exercising her EU Treaty Rights? If so, how? Employed? Self-employed? A student? A Self-sufficient person? How?

And do the two of you have any children?

zafarzafar · Post by **zafarzafar** » Tue Apr 28, 2009 2:08 pm

Yes my wife is still in ireland , we lives together but things are extremely difficult and messy and she have private medical insurance....

Post by **John** » Tue Apr 28, 2009 2:16 pm

In what way is she exercising EU Treaty Rights? You say that she has "private medical insurance", but is she self-sufficient? A student? What?

If she is self-sufficient, living off your earnings(?), and the two of you divorce, would she still be self-sufficient?

And again .... do the two of you have any children?

ali_ireland · Post by **ali_ireland** » Tue Apr 28, 2009 7:52 pm

Hi zafar as u told u met some solictor would u help me in my case thanx..

my case is:.

i married to E.u natinal in 2005 and got EUFAM status and we live togather untill 2007 then we seprated. But untill now we not applied sepration petition in court.so im still married wit same status?now i want to applay sepration petition in court so wat is the producure?and my sepration time wil start after applay legally sepration in court or the time wil count since 2007?
Help n guide me plz!!!

thanks

zafarzafar · Post by **zafarzafar** » Tue Apr 28, 2009 10:55 pm

Hi John,
sorry for the miss-confusion , my wife still lives with me, she is working in full time bases now but from the last 1 year she was jobless and i was running the whole home expenses... and we don't have any kids yet.....
and for Ali i don't really know about legal seperation/divorce procedure, you need to contact any family law solicitor and i hope they could help.But as far as i experienced solicitors have no correct informations about immigration matters on 4EUFAM as i have contatced couple of solicitor but i found them useless and just waste of money...every solicitor have different statement and contradactory statements.

Post by **John** » Wed Apr 29, 2009 8:53 am

my wife still lives with me, she is working in full time bases now but from the last 1 year she was jobless and i was running the whole home expenses

Is she seeking employment? She is signed on at the unemployment office, or whatever it calls itself in Ireland? If so she is still classed as a "worker" ... an employed person, even though she is currently unemployed.

You need to document this, to ensure that she was exercising EU Treaty Rights, when the divorce petition is presented to the Court. And as explained previously, it is essential that the divorce petition is not presented to the Court until after your 3rd wedding anniversary.

zafarzafar · Post by **zafarzafar** » Wed Apr 29, 2009 12:04 pm

Hi John,
The circumstances are below:
1.My wife is working on the full time bases in irerland since 1st April 2009.
2.My wife had no job in 2008 but she have a job now.
3.we still lives together
4.We are married 2 years 8 months.
5.I am on stamp 4 EUFAM from last 2 years.
6.Things are very tight and messy between us,
7.my wife or my self never claimed any social welfare benefits from the irish state.
8.we both have private medical insurance and we both are healthy.
we have no kids.
9.we both have no criminal offense (no criminal history).
10.and i work on full time bases since i got 4 EUFAM.

MY Concerns:
1.When can i apply for divorce or when could we seperate so it wouldn't effect my immigration status ?
if the situation still not clear please ask.
thanks

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

4 EUFAM & seperation, Divorce, Marriage Annult

4 EUFAM & seperation, Divorce, Marriage Annult

Hi

Re: 4 EUFAM & seperation, Divorce, Marriage Annult