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hi just wanna know if after 4 years in my residency stamp4

 
Buachaill's Avatar
  • Answered by:Buachaill
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Customer Question

hi
just wanna know if after 4 years in my residency stamp4 i can apply for a [permanent residence in irland.my daughter is nerly 3years old an irish citizen.

 



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nothing just want to get imformation first

Submitted: 376 days and 10 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED

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Expert:  Buachaill replied 376 days and 10 hours ago.


Buachaill :

1. No, you have to have five years residency in total before you can apply for permanent residence in Ireland. Nowhere does it permit you to apply successfully after four years residency. That is the law. The fact you have a daughter who is an Irish citizen makes no difference to the five years residency requirement.

Buachaill :

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Customer :

my wife tok my child to lithuania for good an i fighting for a child abduction with de departement of justice but my wife want to fall for a divorce,we got married in ivory coast an i marriage certificat got legalise in lithuania.im in my 3years of my residency,how is that affect my residency?i want my daghter to be back here with me because if she stay in lithuania ,she will have no anglish an no french .can i apply for a residency with out my marriage,i have been working an paying my tax sense i got my residency.

Customer :

sorry i forgot to say thanks

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Category: Republic of Ireland Law
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Answered: 5/3/2012

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Expert:  Buachaill replied 376 days and 10 hours ago.

2. YOu do not have to be married to apply for permanent residency after five years living & working in Ireland. However, if the divorce decree is granted before five years are up, the INIS have a discretion as to whether to continue the FAM4 visa. The rules are that if you are three years living on the visa in Ireland and you are not a burden on the state, then the INIS looks at the circumstances of the case in determining whether the visa should continue. Normally, they are granted. However, if this issue is a problem, you should seek to force your wife to file for divorce in Ireland as you would have to be living apart for four years in order that a divorce be granted in Ireland. Be aware that the issue that your wife is not living in Ireland will arise when you seek to renew your FAM4 visa. As she is not living in Ireland, the INIS will query why a visa should be granted to you. It would make a difference if your child was living in Ireland as this would entitle you to an Irish visa. HOwever, as things stand you would be entitled to a lithuanian visa which would entitle you to live and work there.

PLease ACCEPT the Answer. I will remain available to answer any further queries you may have.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2797
Answered: 5/3/2012

Experience: Barrister 17 years experience

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