help

[eiregirl]

my marriage has being declared null in void to my ex tunisian spouse. i will going to court shortly to get it declared null in void by irish law. could anybody tell me what is the sisuation then as my spouse will then be illigal in this country. he is trying to say on the grounds of my son being born here. i am a irish citizen born and rared in ireland. this man has caused me alot of problems.

[scrudu]

eiregirl, what is your question? Is it about whether your husband will become an illegal immigrant after your annullment?

I dont think he will necessarily be illegal just because of your annullment. According to INIS Freedom of Movememnt (for non-EU spouses of EU citizens) at http://www.justice.ie/80256E010039C5AF/ ... MvmtGa.pdf "

Divorce, Anullment of marriage or termination of partnership will not affect the right of family members who are not nationals of a Mmber State to continue residing in Ireland, subject to certain conditions.

Although this legislation does not affect Irish citizens living in Ireland (unless they are exercising their EU Treaty rights here), I would imagine similar conditions exist for non-EU spouses of Irish Citizens. I am sure it would also depend on how long your husband has been resident in the country, and whether he is eligible for citizenship (after 3 years of marriage and living in Ireland).

[eiregirl]

he is here only 2 yrs i told him to leave 8 weeks after we married he was only in ireland 2 days at that stage.
he is from tunisia who are not in the EU. as his visa was granted on the grounds of being married to an irish citizen.

[scrudu]

Again, i dont really know what your question is.

My point was, that divorce or anullment doesnt always necessarily mean that a persons permission to stay in a country is nullified. This would be particularly unfair on the spouses who have left their own countries to settle in a new country only to have their marriage break down. I dont know how Irish Law treats non-EU residents if the marriage breaks down, but I presume it couldnt be a blank "leave the country" attitude. As I pointed out, for non-EU spouses of EU citizens (or Irish citizens exercising Treaty Rights in Ireland), INIS doc's state that Residency will not be lost because of anullment/divorce.