impact of anullment on Irish residency and citizenship

[irishresident]

I would like to know the probable impact of an anullment on my Stamp 4 residency status. I'm also planning to apply for Irish citizenship this year as I have been here for 8 years and am well eligible for it (I intend to stay in Ireland). I fulfil all the general requirements for citizenship (model citizen, pay my taxes, etc), but I'm worried about endangering my ability to stay here. However, I also wish to finalise everything with my ex.

Thanks!

[JAJ]

Annullment - or divorce?

[walrusgumble]

What was the exact basis of the grant of stamp 4? for all the eight years? Family law courts are unlikely to grant an annulment, particularily if the marriage was lasted eg over 3 years and there are children. Annulments are granted wherer one argues that the mariage was not valid in the first place . Since the arrival of divorce in 1996, a court would tend to grant divorces.

How long married? children?, whats the story with family home? what are you financial obligations to family now and in the future?

The only thing you need to concern yourself about is whether you will be granted stamp 4, in the future. short term. Should you divorce, you need to tell the authoritities. If you have lived with wife after eg 3 years or less if there are children and you have an active role and you can provide for yourself you will be fine.

with regard to citizenship, you would be better off applying on your own grounds and not on basis of marriage to an irish national, after all if your marriage has ended it would not be a good idea to get her to sign the declaration form. provided you have your stamps you would not have too much trouble so you could apply now but tell them your status eg separated etc. in the probably unlikely event that an annulment was granted, which by the way might not be in your interest, a divorce should be sought.

[Wisco]

I'm in quite a similar situation, so I can sympathise. Your separation won't affect your permission to remain on whatever's left on your stamp 4 visa (I asked INIS and that's what I was told). However, if, like me, your stamp 4 expires before your citizenship app has been processed, you need permission to remain. I was told to write to INIS and explain my situation(and just basically hope that the stamp 4 is granted again).
FYI, annullment doesn't really happen in Ireland. You must be separated (living apart) for 4 years before applying for divorce- it's up to you whether you go for a legal separation before divorce, but it does tend to tidy up property issues etc, before you actually apply for divorce, and is relatively hassle free if you and your ex are on good terms or if there's no property/assets/money/kids.
As for the citizenship app, you'll obviously have to apply on the basis of residencey for 5+ years, rather than marriage to an Irish spouse.
Good luck.

[walrusgumble]

I'm in quite a similar situation, so I can sympathise. Your separation won't affect your permission to remain on whatever's left on your stamp 4 visa (I asked INIS and that's what I was told). However, if, like me, your stamp 4 expires before your citizenship app has been processed, you need permission to remain. I was told to write to INIS and explain my situation(and just basically hope that the stamp 4 is granted again).
FYI, annullment doesn't really happen in Ireland. You must be separated (living apart) for 4 years before applying for divorce- it's up to you whether you go for a legal separation before divorce, but it does tend to tidy up property issues etc, before you actually apply for divorce, and is relatively hassle free if you and your ex are on good terms or if there's no property/assets/money/kids.
As for the citizenship app, you'll obviously have to apply on the basis of residencey for 5+ years, rather than marriage to an Irish spouse.
Good luck.

Under Family Law, separation does not neccessarily mean living apart, particularily when seeking a judicial separation. A couple could be said to be living apart whilst still in the same house (as oppose to "home") if they live completely separate from each other eg separate beds, pay bills separately, making their own food, wash their own foods etc. Of course, that can't really go on for more than 2 years. Just a little pointer.

[Wisco]

yeah, I know. Much easier in terms of documenting the separation if you're actually living in separate houses though. I should have clarified that!