Hi newbie1978,
As you current Stamp 4EUFam is due to expire in six months, and if you are not in good terms with your wife and if things are going toward divorce than you need to apply for the retention of your residence card first and once it is approved than you can apply Permanent residence card straight.
You need to apply for the retention of your current Stamp 4 EUFam.
There are two rules:
1- You can only apply for Permanent residence card on form EU3 if you are living with your wife.
2- If you are divorced/seperated and want to apply for Permanent residence card than you have to apply for retention of your Stamp 4EUFam first on form EU5. Here is the link to the form:
http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU5.pdf
As it is clearly mention on the DOJ website on this link:
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
And it states:
"An application for an EU3 Permanent Residence Card which is made on the basis of retained rights will not be accepted unless the non-EEA national applicant has already been approved for the retention of their Residence Card on an individual basis. An Application for the Retention of a Residence Card can be made on Form EU5 (below). Retention of a Residence Card is required where the EU citizen of whom the non-EEA national is a family member has died or departed from the State, or in the event of the divorce or annulment of marriage between the non-EEA national and the EU citizen."
I would recommend to get your divorce first and than apply for the retention of your residence card. As this is the major thing DOJ would be looking for. If you apply for your retention without your divorce certificate, there are more chances that your retention application would be refused and you can't apply for Permanent residence card on form EU3.
