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Forum to discuss all things Blarney | Ireland immigration

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rinku64
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Joined: Tue Nov 23, 2010 1:59 pm

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Post by rinku64 » Tue Nov 23, 2010 2:12 pm

Hi all, Wondering if you can help me please.I am living in Dublin. I am married with EU national. She is from Lithuania. We got marry in Nov. 2006 and i got Stamp4 EUfam from july2006 till july2011. My wife moved to Lithuania last year in sep because her son started to go to school. She can't take her son to Ireland due to family issues. So i am living in Ireland and my wife is living in Lithuania. We are still in relationship. I am going to her quiet often and she was in Ireland this year for 3 month for summer time. She worked in ireland during summer time. My visa is finishing next year. What should i do as my wife is living in Lithuania(is this affect on my visa). Also when my visa will finish should i need to go to straight to immigration or i would need to submit my documents. Thanks for help.

knapps
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Post by knapps » Tue Nov 23, 2010 5:49 pm

I do not think so you will have any problem, however, you need to apply on form eu3 after completion of 5 years in Ireland. On that form you have to inform INIS the EU member activity.

I would just recommend to make sure you print out the in / out ticket or boarding pass and keep it safe just in case.

walrusgumble
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Post by walrusgumble » Thu Nov 25, 2010 9:36 pm

knapps wrote:I do not think so you will have any problem, however, you need to apply on form eu3 after completion of 5 years in Ireland. On that form you have to inform INIS the EU member activity.

I would just recommend to make sure you print out the in / out ticket or boarding pass and keep it safe just in case.
the op will be refused permanent residency, as his spouse has not resided/excercised their eu treaty rights in this country for a continous 5 years. its not enough that the non eu person lives here. the eu spouse must be living here and working (or other ways of getting residence eg study) the department WILL ask for evidence of residence and exercising eu rights for EACH of the 5 years from the spouse

(the directive does recognise gaps which won't be effect right to pr, but it does not seem to apply here)

even right now, if the department knew about this, the op's spouse is not techinically exercising her rights here, therefore problems for op.

whatever happens, defintely keep all forms of communication, travel etc and proof that relationship is still on going. without it, department will try and refuse you soley on basis of lack of documents which you must produce

rinku64
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Posts: 3
Joined: Tue Nov 23, 2010 1:59 pm

Post by rinku64 » Fri Nov 26, 2010 7:47 am

walrusgumble wrote:
knapps wrote:I do not think so you will have any problem, however, you need to apply on form eu3 after completion of 5 years in Ireland. On that form you have to inform INIS the EU member activity.

I would just recommend to make sure you print out the in / out ticket or boarding pass and keep it safe just in case.
the op will be refused permanent residency, as his spouse has not resided/excercised their eu treaty rights in this country for a continous 5 years. its not enough that the non eu person lives here. the eu spouse must be living here and working (or other ways of getting residence eg study) the department WILL ask for evidence of residence and exercising eu rights for EACH of the 5 years from the spouse

(the directive does recognise gaps which won't be effect right to pr, but it does not seem to apply here)

even right now, if the department knew about this, the op's spouse is not techinically exercising her rights here, therefore problems for op.

whatever happens, defintely keep all forms of communication, travel etc and proof that relationship is still on going. without it, department will try and refuse you soley on basis of lack of documents which you must produce
Thanks for the reply. My wife lived in Ireland from may 2004 till sep 2009 more than 5 years. is it good for me that my wife lived 5 continuous in Ireland? I have her p60 for 5 years and lease from landlord. She was in ireland for 3 months this summer also she will come again next summer for work. Thanks

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