- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator
Hi Everyonekhan24 wrote:check Your Pm
dania wrote:dont worry just contact some good solicitirs like brophy in dublin and they will sort this out for you some people i know in your situation got their status
zafarzafar80 wrote:Hi Moritz2325, the EU treaty law under which you are issued 4EUFam have a big loop whole in terms of non EU nationals. In separation its absolute discretion of the minister to retain your residence card or not. The EU law only need a divorce cert.
Marriage or divorce (NO SEPARATION). which is extremely stupid & i think who ever made this law was completely drunk that time. Almost every couple have some probs with each other and it doesn't mean that they have to get divorce but under the EUFam law you have to get divorce to retain ur residence card or live together. I am sorry that you are going under stressful situation. wish you good luck.
"After 2 years" , you married in 2007,soMoritz2325 wrote:Hi everyone,
My name is Ms Moritz (Mauritian national) and I have been living in Dublin, Ireland, since the 18th of Sept 2005 on a student visa till I got married to a Slovak national after 2 years.
No problems there, should be no problems, you will or should have still got 5 years, once you sort out your passportMoritz2325 wrote: I made the application for a Stamp 4 EUFAM GNIB card on the 31/03/2008 and I was issued with one on the 05/09/2008.
I was supposed to get 5 years visa (as mentioned in the letter that the Dept of Justice sent me) but as my passport was about to expire in 4 years, I was told to come back when I renew my passport to get the additional year.
But they are not divorce papersMoritz2325 wrote: Meanwhile my personal situation changed a lot. Approximately 19 months after the marriage my husband left me and couple of weeks after, I received a drafted deed of separation by post which I didn’t sign.
Your still legally marriedMoritz2325 wrote: Since then I never heard from him, though I got a solicitor to check the deed of separation and to get in touch with his solicitor but as he didn’t want to pay any of the expenses..he just disappeared completely.
Yes, but do you even have evidence that he is still exercising his Treaty Rights. If not or he is not working etc, then your status is revocable (even if happily married)Moritz2325 wrote: So we are not legally separated. Last thing I know from him he has kids with a woman he met after me. He is still in Dublin, my friends saw him couple of times but I don't know what he is up to. I don't have any details from him no address or telephone num (no contact details whatsoever).
My 4 years visa is about to finish on the 20th of August 2012, so I went to the Immigration office with my new passport and I was told I can’t get the visa for the last year unless I bring my husband with me (we are still legally married)
The relevant provision for you is Article 13 of Directive 2004/38EC.Moritz2325 wrote: or the other option was to apply for the change of status on my own right and get the additional year but immigration is not obliged to give the 1 year Visa.
That was good advice.Moritz2325 wrote: I was told to write an official letter to the immigration office to advice that my husband deserted me and I don’t have any contact details from him and based on this they’ll change my GNIB card from stamp 4 EUFAM to a new stamp (which would reflect that the change of status).
Until you become a citizen, if you become a citizen, you will have to continue in some way to renew your status.Moritz2325 wrote: I understood I still would have the same right to work in the country till I apply for naturalization.
He might divorce you from his own country - unlikelyMoritz2325 wrote: I’m not divorced yet as per Irish law we need to be separated for 4 years before I can apply for a divorce and it’s only going on 3 years in August.
Are you living together? If so, for 2 years, the relationship is durable, and you have proofs, you maybe able to say that you are in a durable de facto relationship . Article 3.2 of Directive 2004/38 EC (Seems Article 13 might be hard to rely upon)Moritz2325 wrote: Also I have a boyfriend for a little bit more than 2 years. He is from France but doesn’t have a fix situation,
Irrelevant, the term "worker" is very liberal regarding hours and wages amount.Moritz2325 wrote: I mean he has a job but it’s very flexible sometimes he is getting a lot of hours sometimes it’s very low.
If you have real evidence of de facto relationship, that is preferable. A general application to EU Section is required so you can try and rely on both Article 3.2 and Article 13Moritz2325 wrote: I’m hoping to get some advice and some ideas how to tackle my problem. Which way would be better applying on my own right or on the de facto terms??
Moritz2325 wrote:Hi everyone,
My name is Ms Moritz (Mauritian national) and I have been living in Dublin, Ireland, since the 18th of Sept 2005 on a student visa till I got married to a Slovak national after 2 years. I made the application for a Stamp 4 EUFAM GNIB card on the 31/03/2008 and I was issued with one on the 05/09/2008.
I was supposed to get 5 years visa (as mentioned in the letter that the Dept of Justice sent me) but as my passport was about to expire in 4 years, I was told to come back when I renew my passport to get the additional year.
Meanwhile my personal situation changed a lot. Approximately 19 months after the marriage my husband left me and couple of weeks after, I received a drafted deed of separation by post which I didn’t sign. Since then I never heard from him, though I got a solicitor to check the deed of separation and to get in touch with his solicitor but as he didn’t want to pay any of the expenses..he just disappeared completely. So we are not legally separated. Last thing I know from him he has kids with a woman he met after me. He is still in Dublin, my friends saw him couple of times but I don't know what he is up to. I don't have any details from him no address or telephone num (no contact details whatsoever).
My 4 years visa is about to finish on the 20th of August 2012, so I went to the Immigration office with my new passport and I was told I can’t get the visa for the last year unless I bring my husband with me (we are still legally married) or the other option was to apply for the change of status on my own right and get the additional year but immigration is not obliged to give the 1 year Visa.
I was told to write an official letter to the immigration office to advice that my husband deserted me and I don’t have any contact details from him and based on this they’ll change my GNIB card from stamp 4 EUFAM to a new stamp (which would reflect that the change of status). I understood I still would have the same right to work in the country till I apply for naturalization.
I’m not divorced yet as per Irish law we need to be separated for 4 years before I can apply for a divorce and it’s only going on 3 years in August.
Also I have a boyfriend for a little bit more than 2 years. He is from France but doesn’t have a fix situation, I mean he has a job but it’s very flexible sometimes he is getting a lot of hours sometimes it’s very low.
I’m very preoccupied by this situation and I don’t want to be without papers as it would mean that if I have any emergencies back in Mauritius and if I go there I won’t be able to come back to my boyfriend (I’ve never took any social benefit neither did my boyfriend and he is here almost 4 yrs) and also I would like to have the opportunity to apply for the naturalisation as I waited so long and worked so hard.
I’m hoping to get some advice and some ideas how to tackle my problem. Which way would be better applying on my own right or on the de facto terms?? Any suggestions please feel free to comment. Anyone in the same situation or who has any info at all, please don’t hesitate.
Thanks for your time & appreciate all the help and advice in advance.
Moritz
Hi knappknapps wrote:I have read completely this post. I think the best thing for you is to ask your ex husband to go with you to the office. Try and make it out with him. You are too late now you must have informed the INIS about your situation long time ago.
I am also surprised that the solicitor did not take up your case. Try another one
maxtor wrote:Hi knappknapps wrote:I have read completely this post. I think the best thing for you is to ask your ex husband to go with you to the office. Try and make it out with him. You are too late now you must have informed the INIS about your situation long time ago.
I am also surprised that the solicitor did not take up your case. Try another one
You are right. She should go with her Ex husband. I think don't have an option left out.
And coming to solicitors they will take up cases that are favourable for winning even they have to bind to some countries immigration rules and regulations.