eufam4 married 3 years seriously needed help

[sarojpk]

hello there, if someone can help me out.. im non eu married to eu national more than a 3 years at this date and living together 4 years. our relation was very healthy but somehow things are not going good.. we been to counselor as well but nothing working to save our relationship. Im practicing eufam 4 since jan 2015 and married in june 2014. we both always work full time and still working plus we both in college as well and still living together.. but the situations are getting worst now a days and we have decided to live separately.. i have all the proof of his and mine bills, house contract, his p60 and payslips etc..

my question is is there any way i can keep my residency if my husband leave me, or if he move out from country ? because i dont know what is in his mind.. i need help please i don't know what to do?

[dupalsky]

Hi,

It is possible to retain your residency since you have been married for 3 years and it's good that you have all his documents.

You just need to apply for retention. But first, you need to have been divorced as you will need to include your divorce certificate in the application.

Dupalsky

[sarojpk]

thank you for your reply.. divorce procedure is very long in Ireland and have to be separated for few years.. between the separation process if my husband leave the country then am i still allowed to retain my own right?

[dupalsky]

No! If your husband leave the state, you can't retain your residency anymore. In fact, you will be illegal in the state from the very day he leaves the country and trust me there will be a whole lot of complication for you.

However, you can divorce in other European countries. Most of them, it takes 4 to 5 months from start to finish. Where is your husband from?

Dupalsky

[sarojpk]

Thankyou dupalsky.. he is from czech republic.. so as my understang i have neary zero chance to remain in the country with irish divorce.. he is ready to cooperate with me, so if we got divorce from czech how my stamp gonna work? .. will i be able to apply for longterm or citizenship in near future after being 5 years?

[dupalsky]

You two can travel to Czech Republic to a file for the divorce. Once it goes through they will forward the paper work and certificate to your address in Ireland, since you both live here. Once you receive the certificate, you can then submit your application.

Like said above, you can apply for retention post your divorce. After 5 years you can apply for long term residence or permanent residency as it is known. Also after 5 years you can apply Naturalisation.

But one thing thing to bear in, retention based on divorce is very difficult this days, especially divorces that do not last up to 5 years. They immigration are too suspicious of such divorce as there are lots of sham marriage going.

If I was to advise you, I will suggest that you find a way to hold unto your marriage for 5 years as once you submit the retention there is no going back for you.

Dupalsky

[sarojpk]

Thanks again dupalsky.. i would even love to save my marriage but things are not in my hand anymore and he already started blackmailing me by asking for money and stuff.. now whatever happens i want to finish this all asap..

[finalversion_2k]

Hi @SarojPK: Just want to add few more things, the time when you guys are flying back to Czech for divorce make sure at that time he's exercising his EU treaty rights in Ireland, Means he is working OR Studying.. you need to prove this.. so make sure at the time of divorce you have his Payslips and P60s and other stuff..

google Retention EU5 form and make sure you have all the documents which is mentioned..

Thanks

[finalversion_2k]

Cheers.

FORM EU5:
http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU5.pdf

Explanation Leaflet: http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

[sarojpk]

Thankyou all of you, you guys are very helpful.. Yes he still working as a full timer and doing part time ba hons degree in dit college. We might take a few days off and fly over to czech for divorce.. my question is after divorce does he has to be remain in the country for my retention? is yes then for how long? or he can leave the country right after divorce and i can still apy for retention?

[dupalsky]

As the previous poster said, he needs to be here and continue to exercise he right until your retention is granted.

Dupalsky

[sarojpk]

Has anyone divorce in foreign country from ireland? And does is recognize by irish law? Im finding hard to get solicitor in this case. Any help?

[dupalsky]

Hey Sorajpk,

A Solicitor! What would you be inquiring about from a solicitor? All the information you need with regard to this, has already been giving to you.

I don't mean to sound rude, but if you are going to inquire about information here, you must know that the information you are giving is as truthful as it can be, otherwise why bother ask here in the first place. Even if there was any incorrect feedback you receive, someone else will always correct the mistake.

Dupalsky