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Difficult situation

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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gerino15
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Posts: 4
Joined: Wed Oct 14, 2009 8:16 pm

Difficult situation

Post by gerino15 » Wed Oct 14, 2009 8:34 pm

Hi friends,
I’m in very difficult situation, I have EUFAM and I’m married for 2 years. And the situation between me and my wife is not good. We are thinking both for divorce because is not supportable anymore. I now that I will have problem with immigration but I thinks I don’t have any choice. And worst than that I applied for jobseeker allowance and I didn’t have any reply I think is mean tested. My question is if I separate with my wife can I still benefit for jobseeker allowance? Because I haven’t any other incomes.
Thank you for yours helps

dublin3
- thin ice -
Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

Post by dublin3 » Wed Oct 14, 2009 9:35 pm

I don't think so you will have any problem with your immigration status unless your wife reports it to authorities that you are separated..and I am pretty sure if lived together for 3 years you have right to retain residence..I hope someone else will provide you with experienced advice..thanks!

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Post by ca.funke » Wed Oct 14, 2009 10:04 pm

http://www.immigrationboards.com/viewtopic.php?t=45470

EDIT: Sorry for just pasting the link at the time, was in a rush... All the best!
Last edited by ca.funke on Thu Oct 15, 2009 7:45 am, edited 1 time in total.

gerino15
Newly Registered
Posts: 4
Joined: Wed Oct 14, 2009 8:16 pm

Post by gerino15 » Wed Oct 14, 2009 10:41 pm

Thank you for your help rebel82, ca.funke
At the moment I’m not thinking about long term residency because I want back to my country in 2 years my question is: if I separate with my wife can I still benefit for jobseeker allowance?
Thanks

dublin3
- thin ice -
Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

Post by dublin3 » Wed Oct 14, 2009 10:49 pm

As I told you mate as long as GNIB doesn't find out about status of your marriage you are fine..

gerino15
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Posts: 4
Joined: Wed Oct 14, 2009 8:16 pm

Post by gerino15 » Wed Oct 14, 2009 11:10 pm

Thank you for your advice rebel82

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Wed Oct 14, 2009 11:24 pm

The Community Welfare Officer would most likely visit your house to check your living conditions, your income and expenditure. You can tell him you are separated and that might be fine. As a married couple, he would want to assess your wife's income too.

Under EU law, you cannot loose your right of resident until the decree absolute has been granted. Therefore you continue to be a family member, so long as your wife is still exercising treaty right, until such a time when the final divorced is issued.

It is in your best interest not to be an excessive burden to the state, especially if your wife is not exercising treaty rights as a Worker or Self-Employed person, as this could potentially jeopardize your residency in future.
Smooth seas do not make skilful sailors

gerino15
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Posts: 4
Joined: Wed Oct 14, 2009 8:16 pm

Post by gerino15 » Wed Oct 14, 2009 11:53 pm

Thank you Obie for you answer that is very helpful for me. How I said I m not really thinking to stay here more than 2 years just I will work and study and back home.

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