hey you go ?

[IQU]

question 1 .my mate non eu have partner eu .they living together from last 1 years.they have baby together she is 2 year old.tricky situation start here?he is married with some body eu else from last 4 year.he have affair with this newgirlfried .so his wife dump him.his visa is expiring in may 2011 .but he is in love with this new girlfriend .they living together from last 1 year.she want to marry him.but he dont want marry her because his last marraige end up very badly.so he want more time to think.also if he apply for divorce it will take atleast 5 year to process in ireland.any way he cant marry her .because he is not divorce yet.also he is affraid.he have to leave the country because his visa ending up soon.i cant see his situation.he love her girlfriend and kid to much.after may 2011 he have to leave ireland.is it any curmstances he can extend his visa behalf of new partnership or he have to leave the country he never going to see his daughter and girlfriend again.i feel sorry for him.he cheat his wife.but end of the day we all r human make mistakes.its not fair for him if he have to leave his kid and nice woman?any answers please

[Monifé]

Has he been on stamp 4EUFAM for the last 4 years?

Is he currently working and paying taxes?

If yes to both of above, he is entitled to remain in Ireland in his own right.
Once he is married to his EU wife for 3 years or more, if they seperate of divorce he can remain in Ireland in his own right provided he is pursuing economic activity, ie: working, or studying with health insurance and not to be a burden on the state.

In 2011, he can apply for a permanent residence card and he can apply for citizenship.

Get him to write to EU Treaty Rights section and let them know of seperation and of new partner and baby. Also ask them when he can apply for permanent residence card, I have a feeling you can apply 6 months before the stamp 4EUFAM runs out because it takes 6 months to process.

He has to let INIS know of the seperation because they say the onus is on the applicant to keep them updated of any change in circumstances.

[IQU]

thanks very much.he is working from last 7 year in ireland.he have stampeu4fam.but his new partner is not working now.she is not working from nearly 1 and half year .because she minding the children in home.but she work before in ireland 3 years full time.she is currently in job seeker allowance.is it affect into his application?

[Monifé]

If he makes an application for permanent residence card in his own right then it wont affect his application.

Seeing as he was married to an EU national for more than 3 years and is now exercising his own treaty rights by working he is entitled to live here in his own right.

If he was to apply for EUFAM again on the basis of his partnership, then it might affect that application. Althougt there is no need for that as he is working and living here on stamp 4 EUFAM for more than 3 years so can remain here as long as he is working.

[IQU]

thanks again monife.i will let him know?he should write to eu treaty section about his separation and new partner and baby girl.is there any plenty he have to pay because he didnot update his details to inis and eu treaty right?they can refuse his application on this excuse.also when he going to apply for permanent residence card in nov 2010.he have to fill his new partner details or ex spouse details?

[Monifé]

thanks again monife.i will let him know?he should write to eu treaty section about his separation and new partner and baby girl.is there any plenty he have to pay because he didnot update his details to inis and eu treaty right?they can refuse his application on this excuse.also when he going to apply for permanent residence card in nov 2010.he have to fill his new partner details or ex spouse details?

Yes he should write to the EU treaty right section in INIS. He can say that he was with his wife ___ amount of years and they are now seperated and he is exercising his own treaty rights by being employed in _____. Maybe put in contract and payslip to prove. I dont think there is any penalty and I dont think they can refuse the application on just that. He can just say that he did not think he had to tell them as he is with another EU partner and because he is exercising his own treaty rights now because he is on stamp 4 EUFAM for more than 3 years.

For the permanent residence card I would think he would put his ex spouse details but if seperated might not have to put any, just his own. Perhaps get him to get a consultation with a solicitor on what to do. Get him to do his application himself though as solicitors are a waste of money for the actual application. But they can give advice on how he should go about it.