WHAT TO DO NEXT?

[IQU]

hi i am non eu (kenya)married with eu from last 5 yrs.i want to apply for irish citizenship.what documents i need for it.here is tricky situation. i married with my wife in dec 2004 .first 3 years i got 1 year visa .than i got my residence card in march 2008 valid for 5 years till oct 2012.but i find out my wife have affair with some new guy so we split up.we are not living together.i dont know what is my status in ireland right now.i have visa valid till 2013.i married more than 3 years living together.i dont know what to do next????will i apply for irish citizenship.will i inform eu traty rights about my separation.also can i apply for permanent residence card now.any advice much apprecited...........................................................please please write some thing please

[Monifé]

Once you have been married for 3 years under EU Treaty rights, you acquire the right of residence yourself.

You may remain in Ireland as long as you are either working, self-employed or a student with health insurance and sufficient money.

[Wisco]

Just wondering if a person never did the EU treaty rights (I'm non EU, spouse Irish) thing but was married 3+yrs, do you still get residency rights? (now split up with OH)

[Monifé]

Wisco: I am not too sure about that one.

I think you do not have an entitlement to stay, rather it is up to the DOJ and minister whether they allow you to stay. Obviously, the length of relationship before and after the marriage, whether you have any children and if you are working would be looked at and taken into consideration.

Under EU Treaty Rights, the Non-EU person can retain the right of residence in the event of seperation/death/divorce of EU partner/family member after 3 years of residence in conformity with the directive. ie: working, self-employed or student and can remain thereafter if they are still living in conformity with the directive.

[IQU]

hi what i can do next now.i complete my five years can i apply for citizenship or can i apply for permanent residence card.i have permanent job in aib bank.i am lving in ireland since 2002 student visa.than i got marriage .now i have stamp eu4fam.valid till 2013.i have to inform eu treaty rights about my separation also.but i am not legally separted yet.any reply thanks in advance.please please

[agniukas]

just to let you know that the spent as a student does not count towards citizenship.

[Monifé]

You can apply for a permanent residence card in 2013. I think u can apply 6 months before your expiry of stamp because it takes that long to process.

You can apply for citizenship at the same time but it takes over 3 years to process so apply for permanent residence card so that u keep your residency legal.

If you are living apart, you can inform the EU Treaty rights section that you are seperated and quote the relevant part of the directive to show that you retain your right of residence after seperation.

[IQU]

thanks very much for all yours reply.i have stamp eu 4 fam from last five years.i got stamp eu4fam in year to 2005 jan .so i think i am over 5 years in stamp eu 4 fam.can i apply for irish citizenship also my visa is valid till 2013.because i am last 5 years in eu4fam.any reply

[Monifé]

thanks very much for all yours reply.i have stamp eu 4 fam from last five years.i got stamp eu4fam in year to 2005 jan .so i think i am over 5 years in stamp eu 4 fam.can i apply for irish citizenship also my visa is valid till 2013.because i am last 5 years in eu4fam.any reply

Sorry I am bit confused.

Since when have you been on stamp 4 EUFAM? If it has been since 2005, then you have 5 years now and you can apply for permanent residence card and citizenship.

I would advise applying for permanent residence card first, because then you know you are sorted with i think it is a 10 year card, and then apply for citizenship and just wait.

[IQU]

i got my stampeu4 fam in jan 2005.so i am over 5 years in eu4 fam.so you suggets me to apply for permanent residence card.i am little worried if they found out we are no any longer together.i still have right to contnue to my legal residence in ireland?any advise please

[Monifé]

i got my stampeu4 fam in jan 2005.so i am over 5 years in eu4 fam.so you suggets me to apply for permanent residence card.i am little worried if they found out we are no any longer together.i still have right to contnue to my legal residence in ireland?any advise please

When did you seperate with your spouse? If you have been married for 3 years or more and have been on stamp 4 EUFAM that time you retain the right of residence yourself as long as you dont become a burden on the state. ie: remain working.

(2) Without prejudice to the second
subparagraph, divorce, annulment of
marriage or the termination of a registered
partnership referred to in point 2(b) of
Article 2 shall not entail the loss of the
right of residence of a Union citizen’s
family members who are not nationals of a
Member State where:
(a) prior to the 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 partnership had lasted at least
three years, including one year in the host
Member State; or

Before acquiring the right of permanent
residence, the right of residence of the
persons concerned shall remain subject To
o the requirement tat they are able to show
that they are workers or self- employed
persons or that they have sufficient
resources for themselves and their family
members not to become a burden on the
social assistance system of the host
Member State during their period residence
and have comprehensive sickness
insurance cover in the host Member State,
or that they are members of the family,
already constituted in the host Member
State, of a person satisfying these
requirements. “Sufficient resourcesâ€

[IQU]

THANKS very much for yours all help.