Stamp 4 EU FAM and separation/ divorce

[mellrian]

Hi

I need some advice. I am EU and my husband ( soon to be ex husband) is NON EU.
He is a holder of stamp 4 since 2007, we got married in December 2005 but whole application process gave him his residence card in 2007 to 2012.
He left me few months ago and made it clear that he will not be back - he is currently in new relationship.
Do I have legal obligation to inform Immigration? if yes will they revoke his residence card? - he is unemployed since May but does take social welfare.

[knapps]

If you got married in 2005 then his residency will be counted from that time not from 2007.

If you were married and living together for 3 years from the date of marriage then he is entitled to be independent on his status.


Yes, by all means if you want to inform the INIS you can. No law stops you

[mellrian]

Thank you. I was just thinking do I HAVE TO inform immigration, I would rather avoid that to not to look as a bitter woman.

[Monifé]

The onus is on the applicant to inform the department of any changes that could affect their position in Ireland.

Therefore I would assume that you do not have to, unless you felt you need/want to.

Also, he has little chance of retaining residency in his own rights as he is taking social welfare, and the rule is that to retain residency in their own right, the Non-EU applicant must be exercising treaty rights themself and them and their family members must not become a burden on public funds.

Not your problem at all though He left you, don't feel guilty!

[PaulK]

If you were married and living together for 3 years from the date of marriage then he is entitled to be independent on his status.

What exactly does this mean - independent on his status? Will this allow the separated non-eu person to apply for renewal of the stamp 4?

[Monifé]

If you were married and living together for 3 years from the date of marriage then he is entitled to be independent on his status.

What exactly does this mean - independent on his status? Will this allow the separated non-eu person to apply for renewal of the stamp 4?

In the case where the non-EU is married to an Irish national and has a stamp 4, then it is up to the Minister for Justice whether or not they renew his permission to stay in Ireland in the event of divorce or separation. I believe it is unlikely to obtain it, especially if the person is not working and unless there has been a considerable time spent married to the Irish national and are children involved.

If you were married to an EU citizen, and after 3 years of marriage, you decided to divorce, you can apply to retain your residency in your own right but you would need to be working or have enough money not to be a burden on the state.

[PaulK]

If you were married to an EU citizen, and after 3 years of marriage, you decided to divorce, you can apply to retain your residency in your own right but you would need to be working or have enough money not to be a burden on the state.

This is exactly my case, plus there's an irish born child involved. How do I apply to retain my residency? Thanks.

[El shaddai]

Paulk,
To retain right of residency in your own case, divorce has to be confirmed.

[PaulK]

According to the irish law I can't get a divorce just yet, we have to live separated for 3 years before applying for a divorce. What can I do in my situation?