Irish National/Non EU Husband

[ConnieIreland]

Hello there, helpful people!

I am hoping you can provide some advice on a query.

Background:
I am an Irish national, married to a non-eu individual. We married out of the country almost a year ago. I met my now spouse whilst they was separated from another EU Spouse, but not divorced. The basis of my now spouse's residency in Ireland was on the basis of that marriage to an EU resident. The divorce was issued, however my spouse failed to notify the authorities of this and the Stamp 4 remained in place.

Current Status:
Fast forward - we are now married. I am an Irish national and we have notified the authorities of the divorce and new marriage whilst in parallel applying for residency to the INIS for a stamp 4 on the basis of our marriage. It seems the 2 streams of officials do not recognise simultaneous applications, and my spouses immigration status has been revoked, removing their permission to work. We had some expectations they would be tough on us over this issue, however, the application timeline for the Irish spousal unit is up to 1 year.

I have a number of queries:

Has anyone got any experience with this process as I have described? What was the outcome?

My spouse has been requested to return their registration card to the GNIB along with the passport - any idea what the reason for providing the passport is?

Is there a possibility that they can ask them to leave?

Is there a possibility they can decide not to issue them with a stamp 4 due to the failure to notify authorities previously?

Can they travel whilst the application is pending as long as we bring our relevant documentation? We had a holiday booked to celebrate our 1st year anniversary!

I imagine it's not in their interests to upset the life of an Irish national but still the worry persists.

Sorry for all the questions, but I am hoping our case is not that unique and that with time everything will be issued but some plain English feedback would be really helpful as most of what I read is swinging both ways and is very much open to interpretation.

Thank you very much!

[J_Karim]

hello ConnieIreland
Just want to clarify first that when you and your spouse got married did you guys notify to the marriage authority while marring your wife.Basically in any marriage occasion everyone needs to fill out the particular marriage form and needed to mention either party was married or divorce. Now giving you a fact that once you mention about your previous marriage they wont go further until you provide your divorce paper or specfic documents? If you or your spouse did specify they will forward your divorce letter to the authority with in 90 days and give you a wedding date.
Well if you guys did not mention the previous marriage to the marriage office your current marriage will be invalid.

Now another platform, your wife should of write to the eu treaty dept that her ex husband and herself not having the marriage bond.As I believe she did not because its clearly states that any circumstances of changes of an eu spouse should notify as their earliest convenience to relevant dept.
Hope it helps
J_K

[ConnieIreland]

Hi J_K

Yes, we completed all documentation and informed all the relevant authorities we were getting married. We needed to in order to get approval to marry. We did not marry in Ireland, but in another EU country.

In order for us to get married, we needed to complete all relevant documentation pertaining to divorces etc, with full stamped and apostatized documents provided.

[J_Karim]

hey from my best knowledge i think she is in the safe side because she currently married to you only bad part is it is conflicting with immigration office..By the way what nationally her ex -husband holds?
If his not an irish then her previous application was submitted to eu treaty section but if he is irish then it was submitted in irish local authority.In a way both dept has access authority to each other dept.
My advise will be write to dept who ever asking her GNIB card and passport to give back just explain to them in detail that she is married to you now along with divorce letter and present acknowledgement what you receive from your current application.They might issue deport letter if do not contact quickly but not to worry once they know she re-applied basis on her current marriage should not be a prob.My best guess is if she inform previously things get a bit complected.
On the other hand make sure mention them why did not she mention to dept while her previous marrige was falling apart.(say she was very upset or was confused what need to do or some family issue)..i hope its make sense to you.
Finally i hope not.. if things get too complected easier option for you is..legal solicitor.. I know a good one who dealt with friends case pretty similar like you..
Legal solicitor know what they are talking about..
hope it helps
J_K

[ConnieIreland]

Thank you - yes the previous spouse was not Irish but an EU Citizen, so as you say it's correct - one is EU Treaty rights and one is Irish (INIS).

We have provided all the documentation to the GNIB - so much documentation - but it seems they only revoked the permission to work but not to stay. I was hoping there was a loophole around this but doesn't seem to be any option but to accept and wait on what is hopefully a successful application on the basis of our marriage.

My spouse handed back their registration card today with no issues, and an immigration lawyer has been consulted and provided great information. Looks as though it's just a waiting game for us.

[J_Karim]

Question :1Has anyone got any experience with this process as I have described? What was the outcome?

yes many people did face but every case is individual my point is simple.. outcome has to come out positive because she is married to you now as long you and her in the same side.. if you know the mean.

Question :2My spouse has been requested to return their registration card to the GNIB along with the passport - any idea what the reason for providing the passport is?

They basically ask for this while they want to know her activity in detail and for further prosecution like deportation

Question:3 Is there a possibility that they can ask them to leave?

Yes they can ask but she is married to you now and her current application in progress so they have wait for the outcome of it.

Question:4 Is there a possibility they can decide not to issue them with a stamp 4 due to the failure to notify authorities previously?

Well they have to give her ground but she has her reason too..remember you and her married now as long you back her they cant..by the her application out come still in process

Question:5 Can they travel whilst the application is pending as long as we bring our relevant documentation? We had a holiday booked to celebrate our 1st year anniversary!

Well if her present visa based on her previous husband its bit tricky immigration officer might or might not check while she come back from holiday in the airport.they just check seal or if its stamped in the passport but if they start to question her present visa is not valid..in some extent they might forward her detail in airport authority.Her visa gets invalid once her marriages bond fell apart.

[J_Karim]

By the way what ever i answered its from my own research and a bit of curiosity or you can say i like advise or help if i know lol
I will wish you all the best.
But got it right its a wait and see game ..
just try to work by not talking any support..its better
see you in the bright side