Stamp 4 without EU National goes to the Immigration

[Danielc]

Hi guys,

I´m a Brazilian national married with a Polish national, I got a temporary Stamp 4 while my process was in course. They sent me a letter granted me with a 5 years Stamp 4, but me and my wife are not together anymore, and she doesn´t want to go with me to the Immigration.
We also have a son, but she didn´t put my name on his birth certificate, I pay maintenance every month for her but just have access to my son when she wants... I also need her adress to get an access orde from the court...
Anyway, do you guys any acse like this, or if someone got the Stamp 4 without the necessity of the Eu national go to the immigration with them?

Thank you very much

[finalversion_2k]

I don't know any single guy who gt stamp without ther EU-Spouse.. and I believe chances are less in that way..

second you said you guys have baby but not on your name.. that can some how help you, if you able to prove that baby is yours.. for that you will need DNA report but I'm also sure she will not agree on that.. fight for baby and that's how you will be able to survive here..

ther are more Senior who can guide better.. that was 2 cents.

[max307]

Hi guys,

I´m a Brazilian national married with a Polish national, I got a temporary Stamp 4 while my process was in course. They sent me a letter granted me with a 5 years Stamp 4, but me and my wife are not together anymore, and she doesn´t want to go with me to the Immigration.
We also have a son, but she didn´t put my name on his birth certificate, I pay maintenance every month for her but just have access to my son when she wants... I also need her adress to get an access orde from the court...
Anyway, do you guys any acse like this, or if someone got the Stamp 4 without the necessity of the Eu national go to the immigration with them?

Thank you very much

You won't be able to get your 5 years Stamp 4EUFAM without your EU spouse, the only reason they granted you a 5 year Stamp 4EUFAM is based on your marriage to a EU citizen. I would suggest to try and discuss this matter with your EU spouse and see if you guys can find a common ground here. Otherwise you will need to inform INIS of the change in your personal circumstances and maybe pursue a different route.

If you are the biological father of the child, you are legally entitled to visit hours/shared custody and the fact that you are paying child support certainly will help your case. I would suggest to get some help from a solicitor with expertise in family law for that part.

[Danielc]

Hi max3307,

Thanks for your reply.
We are not reaching an agreement as she wants the divorce (even knowing that this is not possible here), I guess she´s afraid of going with me and that this is gonna maker the divorce get longer (?).
I´m going to INIS ASAP to let them know about my situation.
I´m the biological father and pay maintenance, the problem is that i have been to the family court, 2 different solicitors and all of them say the same, they can´t help me because I don´t have her address, so I am in a kind of dead alley here...

[max307]

Hi max3307,

Thanks for your reply.
We are not reaching an agreement as she wants the divorce (even knowing that this is not possible here), I guess she´s afraid of going with me and that this is gonna maker the divorce get longer (?).
I´m going to INIS ASAP to let them know about my situation.
I´m the biological father and pay maintenance, the problem is that i have been to the family court, 2 different solicitors and all of them say the same, they can´t help me because I don´t have her address, so I am in a kind of dead alley here...

How are you paying child support then? Are you sending her a cheque, money transfer or are you paying cash?

I would insist in sending her some sort of cheque or money transfer so at least you have a paper trail and receipts when/if the case is brought to family court.

[Danielc]

Hi max3307,

Thanks for your reply.
We are not reaching an agreement as she wants the divorce (even knowing that this is not possible here), I guess she´s afraid of going with me and that this is gonna maker the divorce get longer (?).
I´m going to INIS ASAP to let them know about my situation.
I´m the biological father and pay maintenance, the problem is that i have been to the family court, 2 different solicitors and all of them say the same, they can´t help me because I don´t have her address, so I am in a kind of dead alley here...

How are you paying child support then? Are you sending her a cheque, money transfer or are you paying cash?

I would insist in sending her some sort of cheque or money transfer so at least you have a paper trail and receipts when/if the case is brought to family court.

I transfer money to her bank account every month and I have all the receipts of stuu I´ve buying for my son...
I went to INIS today (Burgh Quay) and they told me they couldn´t help me, that I should sent an e-mail to EU Treat rights explaining my situation... so let´s see what´s happening then...
Btw you have any solicitor that works with immigration to refer I would appreciate...

[max307]

Hi max3307,

Thanks for your reply.
We are not reaching an agreement as she wants the divorce (even knowing that this is not possible here), I guess she´s afraid of going with me and that this is gonna maker the divorce get longer (?).
I´m going to INIS ASAP to let them know about my situation.
I´m the biological father and pay maintenance, the problem is that i have been to the family court, 2 different solicitors and all of them say the same, they can´t help me because I don´t have her address, so I am in a kind of dead alley here...

How are you paying child support then? Are you sending her a cheque, money transfer or are you paying cash?

I would insist in sending her some sort of cheque or money transfer so at least you have a paper trail and receipts when/if the case is brought to family court.

I transfer money to her bank account every month and I have all the receipts of stuu I´ve buying for my son...
I went to INIS today (Burgh Quay) and they told me they couldn´t help me, that I should sent an e-mail to EU Treat rights explaining my situation... so let´s see what´s happening then...
Btw you have any solicitor that works with immigration to refer I would appreciate...

According to forum rules I can't advise or recommend any solicitor or a third party organisation to other members.

Once a family case is opened your solicitor should be able to track down the defendant (address, phone number, etc.).

[Obie]

Hi max3307,

Thanks for your reply.
We are not reaching an agreement as she wants the divorce (even knowing that this is not possible here), I guess she´s afraid of going with me and that this is gonna maker the divorce get longer (?).
I´m going to INIS ASAP to let them know about my situation.
I´m the biological father and pay maintenance, the problem is that i have been to the family court, 2 different solicitors and all of them say the same, they can´t help me because I don´t have her address, so I am in a kind of dead alley here...

How are you paying child support then? Are you sending her a cheque, money transfer or are you paying cash?

I would insist in sending her some sort of cheque or money transfer so at least you have a paper trail and receipts when/if the case is brought to family court.

I transfer money to her bank account every month and I have all the receipts of stuu I´ve buying for my son...
I went to INIS today (Burgh Quay) and they told me they couldn´t help me, that I should sent an e-mail to EU Treat rights explaining my situation... so let´s see what´s happening then...
Btw you have any solicitor that works with immigration to refer I would appreciate...

You need to write to the department of Justice and explain to them that you are separated, but she is residing in the state and still exercising treaty rights.
Your case seems very interesting, one i will love to assist with, if the Garda continue to insist they will not register you.
Under EU law, the department of justice cannot stop you from getting your stamp 4 EU fam when you are separated, as you still have EU rights, that will be clearly unlawful.

[max307]

Just to add for the issue with your son it seems to be some precedent according to this article in the news:

https://www.independent.ie/irish-news/c ... 08436.html

[jdynm]

Im sorry to hear about this.
I have a similar situation.

I contacted the EU Treaty Rights and I got this reply:

Dear ...

For matters relating to a spouse or civil partner of an Irish citizen,
please contact the Spouse of Irish Citizen Unit at the postal address or
email address below.

Spouse of Irish National Unit
Immigration Services Section
Irish Naturalisation and Immigration Service
13-14 Burgh Quay
Dublin 2
Ireland

Website: http://www.inis.gov.ie/en/INIS/Pages/WP07000024
Email: INISsinu@justice.ie


Best regards,

_____
EU Treaty Rights Unit
Residence Division
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

Then I contacted them at INISsinu@justice.ie

And was advised to provide these answers/ documents to the address listed below:

If you and your partner separate you will to submit an application to this
office for renewal of your Stamp 4 regarding your change of status. The
documentation and information listed below will be required. These
documents should be submitted by registered post to the address below.

1. What were the circumstances surrounding the break up?
2. How long were you married for? Please give exact details regarding
same.
3. When did the marriage finally break down? Please give exact details
regarding same.
4. Are you currently in contact with your spouse? If not, when was the
last time you were in contact with them?
5. Please advice how you are currently maintaining yourself whilst in the
State and provide documentary evidence e.g. Are you working, studying, in
receipt of social welfare or dependent on another resident? Please provide
relevant documentary evidence i.e. P60s, payslips, letter from employer,
Social Welfare receipts.
6. Prospects of reconciliation.
7. Your current Original Passport.
8. Your previous Original Passport (if previous Passport was recently
issued)
9. A copy of your spouse's passport.
10. A copy of spouse's original birth certificate.
11. Two passport photos
12. Your original birth certificate and translation.
14. Original evidence of your current address i.e. Utility Bills, Financial
Statements. Tenancy Agreement.
15. Original Marriage Certificate and translation.
16. Legal Separation Documentation (if relevant).
16. Original Divorce Papers (if relevant).
17. Details of any maintenance agreements (please include evidence of any
payments made).
18. Details of any custody/access arrangements.
19. Copy of your GNIB Certificate of Registration Card.

Best Regards,


Spouse of Irish National Section
Residence Division Unit 6
INIS
PO Box 12695
Dublin 2


You could perhaps try the same route.

[finalversion_2k]

looks like they are suggesting you to apply EU5 if I'm not wrong. and if so EU5 condition is your mrrg should lasted 3 years minimum.. and EU person was exercising Treaty rights..