Does anyone know what happens to a stamp 4 holder during divorce proceedings?

dontpanic

Friend married a non national in a non EU country almost two years ago. They've been living together on and off for the last year. It now appears that the marriage was for visa purposes and she is filing for a divorce. She had no idea.

Does anyone know what happens to him once the divorce proceedings begin? Is he allowed to remain in the country?

Can't find solid info online. Thanks

is_that_so

dontpanic wrote: »

Friend married a non national in a non EU country almost two years ago. They've been living together on and off for the last year. It now appears that the marriage was for visa purposes and she is filing for a divorce. She had no idea.

Does anyone know what happens to him once the divorce proceedings begin? Is he allowed to remain in the country?

Can't find solid info online. Thanks

If the visa for him is connected to her, ie it's because they are married then he'll have to go. Knew someone in that boat but she was on a Stamp 3. She had to leave within a fairly short period.

Here's the stuff on Stamp 4

http://www.inis.gov.ie/en/inis/pages/registration-stamps#stamp4

This seems to be the specific page.

http://www.inis.gov.ie/en/INIS/Pages/WP07000024

LastStop

Seen that story before. They obviously have their stamp 4 up to a certain date, then they can apply for it to be renewed on the basis that the marriage is still valid and the divorce is ongoing etc. If your mate is hoping they'll be kicked out of the country they will be disappointed.

I've seen firsthand that even after separating during while one person was waiting on a citizenship application to be processed and informing GNIB that the relationship was over beforehand, they still gave out an Irish passport. 1week later they were paying out social welfare payments.

LuciX

LastStop wrote: »

If your mate is hoping they'll be kicked out of the country they will be disappointed.

I've seen firsthand that even after separating during while one person was waiting on a citizenship application to be processed and informing GNIB that the relationship was over beforehand, they still gave out an Irish passport.

Same happened to someone I know well.

This country is an absolute joke.

dontpanic

Him getting kicked out of the country was very much the hope given he's wasted like 3 years of her life!

Though maybe since they're cracking down on sham marriages there's at least a chance!

dontpanic

LuciX wrote: »

Same happened to someone I know well.

This country is an absolute joke.

Can i ask how long process took? I'm hoping since the marriage itself was in a different country it'll be processed much faster than Ireland's "5 years apart" rule

Caranica

Law is now 2 years apart

LastStop

dontpanic wrote: »

Him getting kicked out of the country was very much the hope given he's wasted like 3 years of her life!

Though maybe since they're cracking down on sham marriages there's at least a chance!

Nope. get that out of your head. If your friend knew it was a sham from the start then your friend is in trouble. Reading your post it doesn't sound that way, so proving it's a sham will be difficult. Also it's at the Gnib discretion. He will get a solicitor to apply under bleeding heart conditions and as usual in this country they'll fold.


Tell your friend to apply for judicial separation/Divorce and move on.

dontpanic

There is some evidence but I suppose nothing that outright says "I'm going to scam this person".

It really annoys me that he can just get away with it! He did a damn good job of convincing everyone at face value that he was genuine and I wouldn't mind but he comes from an affluent family so it's not like his actions can be explained through desperation for a better life. :mad:

LuciX

dontpanic wrote: »

Can i ask how long process took? I'm hoping since the marriage itself was in a different country it'll be processed much faster than Ireland's "5 years apart" rule

Person 1: married in Ireland - got citizenship even though the marriage lasted less than 3yrs (on paper a bit more since she had to wait 5yrs to get a divorce). Citizenship application was granted with the help of a solicitor.

Person 2: married in Denmark and lived in Ireland for 2yrs. Separated for the past year (on the last of the 3yr visa). Immigration was informed but did nothing. Visa remains valid, she is still working away, no bother. Next step: citizenship.

I was told the law in Denmark states you must live in the country in order to get a divorce and they live in Ireland so...