Spouse visa cancellation

Mint1

Hi, I'm not too sure if this is the right thread for this, sorry for any inconvenience.

I'm Irish, I called my husband over on spouse visa he was a non eu resident.

We'll be married for 4 years soon and he has been living here since 3 years and has a stamp 4..
Things aren't going well and I want a divorce.
The divorce procedure here takes 4 years, I don't think I can wait for that long and so want to go for a foreign divorce as we got married abroad. He doesn't want a divorce and the main reason I see for that is he doesn't want to leave this country.
My question is: is it possible for me to cancel his spouse visa ? He still has a year left on it, if so how do I go about doing it?

Any help would be highly appreciated as soon as possible please. i think he's planning to apply for citizenship or extend his stay. I don't want this happening at any cost as he came here because of me!
Please help thanks ...

Victor

Mint1 wrote: »

I can wait for that long and so want to go for a foreign divorce

Normally, if seeking a divorce, it needs to be done where you live.

I imagine you could get a legal separation from him now.

marco_polo

Under Directive 2004/38/EC, if the divorce is been initiated after three years of marraige, and you have been in the state for at least one, he is automatically entitled to retain residency status.

Mint1

Victor wrote: »

Normally, if seeking a divorce, it needs to be done where you live.

I imagine you could get a legal separation from him now.

Thank you for your reply, seperation is a second option but I've been to a few lawyers and have been told about the "foreign divorce law" which means you can get divorced where you got married as long you or one of the partner is domiciled in that country, and once you get a divorce cert it can be presented to the Irish gov.

Is it possible for me to cancel his visa ?
If its cancelled he'll have to go back to his country which will make things easier for me in order to get a divorce.

Mint1

marco_polo wrote: »

Under Directive 2004/38/EC, if the divorce is been initiated after three years of marraige, and you have been in the state for at least one, he is automatically entitled to retain residency status.

Thank you for your reply, so there's no way I can cancel his visa ?
And can he still retain residency if we have seperated before his application for residency ?
Also he doesn't have a job at the moment, could this affect his residency ?

Why so vindictive? So the marriage failed. Show some compassion for the man you once claimed to love.

Mint1

Maryanne84 wrote: »

Why so vindictive? So the marriage failed. Show some compassion for the man you once claimed to love.

When at this stage all he cares about is about his residency, and is willing to give me a divorce after he gets it extended, then there is little or no love there sorry.

Maire2009

I'm not meaning to pry but you did post it on boards - why are you so intent on getting him deported? Can you not amicably go about the divorce?

Obviously don't know the ends and the outs of this, but if you trying to possibly ruin this guy's life just for a quick divorce it says little - do you just marry him to get him into the country?

I think people are being a bit judgemental.
Sounds like he is asking her to stay married, so he can apply for residency on that basis.
If someone is willing to exploit the system, what else are capable of doing. That she might be culpable for as his spouse.

Mint1

Moonbaby wrote: »

I think people are being a bit judgemental.
Sounds like he is asking her to stay married, so he can apply for residency on that basis.
If someone is willing to exploit the system, what else are capable of doing. That she might be culpable for as his spouse.

Thank you for understanding, just because I have not put up the whole story on this, people decided to assume things.
Someone who had done nothing for this country the 3 years that he has lived here and just wants to stay married to me not out of love but just so he can stay here and exploit it more.
What am I supposed to do? now that the truth has come out of him? Just let him be?
At this stage all I feel like is I have been used , and now I'm the bad one...

aujopimur

Irish divorce is "no fault" nothing makes it easier or more difficult.
If you want a divorce you apply to the family law court and it's granted as long as you meet certain criteria, the main one being the length of time the marriage has broken down.

Ickle Magoo

Folks,

This is a forum for offering help and support regarding the questions around divorce and separation that posters may have.

If you cannot respond in a mature, civil and constructive manner - helping the OP with the issue they have posted about, kindly refrain from responding at all.

Any more off-topic or snide comments will earn infractions.

Cheers

As per site rules, DO NOT respond to this post on-thread.

Cavehill Red

Don't think anyone has provided an answer to the OP's question yet, which is in two parts:
1. If she divorced where she married, would it be recognised here quickly and
2. if she got divorced abroad, would that be sufficient to have her spouse's visa cancelled, or is it possible to cancel it before divorcing.
I'm no expert in the area, and don't know the answers. But I think it would be helpful to the OP if people focused on the questions she is actually asking.

Peppa Pig

Mint1 wrote: »

TI've been to a few lawyers and have been told about the "foreign divorce law" which means you can get divorced where you got married as long you or one of the partner is domiciled in that country

citizens information wrote:

Not all foreign divorces are recognised under Irish law. A foreign divorce will only be recognised in Ireland if at least one spouse was domiciled in the state that granted the divorce when the proceedings started. You may have to provide good evidence that this was the case and, therefore, that the divorce is valid under Irish law.

Citizens Information

That's fairly clear and the citizens info site is not wrong. If one of you do not want to move abroad it looks like the divorce will not be legal.

Silly question, maybe, but are you certain the marriage itself is legal - did you do a ceremony in Ireland as well?

I've actually seen this sort of dilemma with a friend, both are still here. I'd have a fair idea as to where the spouse is from

ResearchWill

ResearchWill wrote: »

He does not have to stay married to stay. In fact he could have applied for a Irish passport a year ago. He may still be entitled to do so. In fact if the OP was clever they could both legally get what they want without having to go through all the crap.

What good does it do the country, allowing someone who I presume wouldn't qualify any other way. Remain after a divorce. If they have no other connections, and havent been contributing to society?
Especially if they are trying to force their estranged spouse to stay married, just for that purpose.

Mint1

Cavehill Red wrote: »

Don't think anyone has provided an answer to the OP's question yet, which is in two parts:
1. If she divorced where she married, would it be recognised here quickly and
2. if she got divorced abroad, would that be sufficient to have her spouse's visa cancelled, or is it possible to cancel it before divorcing.
I'm no expert in the area, and don't know the answers. But I think it would be helpful to the OP if people focused on the questions she is actually asking.

Thanks alot
Still waiting on a proper answer, was not in need of these negative comments at this stage of life.

Ickle Magoo

Folks - if you want to debate deportation laws, go to Humanities.

THIS forum is for giving advice and support to the OP regarding their questions on their Divorce/Separation.

Final warning.

marco_polo

Seem the directive in my previous post indeed only applies to EEA citizens living here.

However this link should answer some of your questions (see part 7)

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

Taltos

Hi OP

you really need to put both of these questions to a solicitor - they are way too close to legal advice for us to really be in a position to give you the best advice. Have a look at the charter there are links there for free legal aid and other resources, maybe try there first.

Also go armed with as much information as you have, eg where you got married, copy of the marriage certificate, was this registered in Ireland etc.

As you can see it can take quite some time here to get divorced so explore with your solicitor any other options available, including possibly you moving abroad for a number of years - would this have an impact on his residency, options of divorce in these other countries etc.

The Cush

Mint1 wrote: »

My question is: is it possible for me to cancel his spouse visa ? He still has a year left on it, if so how do I go about doing it?

Any help would be highly appreciated as soon as possible please. i think he's planning to apply for citizenship or extend his stay. I don't want this happening at any cost as he came here because of me!
Please help thanks ...

Following on from marco_polo post above the relevant section from INIS

7.) What are the conditions of my permission granted?

The permission is granted on the basis of genuine evidence of a valid and genuine marriage/civil partnership and of joint residence.

Any misinformation given during the application process will result in the application being refused.

There are no rights of retention of residence in the event of separation/divorce.

Successful applicants do not have an automatic right to family reunification.

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

My brother and his non-EU wife are going through the Naturalisation process at the moment, I remember the following from the Spousal Declaration in the application form. This would have to be signed by you as the Irish citizen spouse of the applicant.

DECLARATION TO BE COMPLETED BY THE SPOUSE OF THE APPLICANT WHERE THE APPLICANT
IS APPLYING FOR NATURALISATION BASED ON HIS OR HER MARRIAGE TO AN IRISH CITIZEN

I [xxx] do solemnly and sincerely declare that I married [xxx]
who was born on the [xxx] at [xxx] in [xxx] a national of [xxx]
on the [xxx] at [xxx] in [xxx] and that we are living together as husband
and wife, that our marriage is subsisting and that no proceedings for divorce or annulment of this marriage have been
commenced, or are about to be commenced in any court of law and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the Statutory Declarations Act 1938, as amended by the Civil Law (Miscellaneous
Provisions) Act 2008.

http://www.inis.gov.ie/en/INIS/Form%208%20Ver%204.1%20Oct%202012.pdf/Files/Form%208%20Ver%204.1%20Oct%202012.pdf

doubter

STRAIGHT FORWARD ANSWER- IF YOU ARE SUPPORTING HIS COSTS OF LIVING (WHICH I PRESUME YOU DO) YOU CAN 'CANCEL' HIS VISA. YES. (oops caps lock).
Give a ring to inis in dublin or email them, they will tell you exactly what to do. usually the statement that you have separated will be enough.

ResearchWill

doubter wrote: »

STRAIGHT FORWARD ANSWER- IF YOU ARE SUPPORTING HIS COSTS OF LIVING (WHICH I PRESUME YOU DO) YOU CAN 'CANCEL' HIS VISA. YES. (oops caps lock).
Give a ring to inis in dublin or email them, they will tell you exactly what to do. usually the statement that you have separated will be enough.

While a spouse is under an obligation to inform INIS of any change in circumstances, said person can not cancel visa, that is totally for INIS to do, and any decision to issue a section 3 letter is the departments and the departments alone.

doubter

ResearchWill wrote: »

While a spouse is under an obligation to inform INIS of any change in circumstances, said person can not cancel visa, that is totally for INIS to do, and any decision to issue a section 3 letter is the departments and the departments alone.

this is true- but they usually will cancel the visa asap if the financial support falls away.i know form experience, was in the same situation-hence my ' cancel'