EU Rights in the Case of Separation / Divorce

[miu-miu]

Under European Union Treaty Law, an EU national living and working in another EU state has the right to have their family reside with them. The definition of family member includes spouse or partner, children up to the age of 21, dependent relatives and other family members requiring the personal care of the EU citizen on health grounds. This applies to both EU and non-EU family members. When the non-EU family member comes to Ireland they should apply to the EU Treaty Rights Division of the Department of Justice, Equality and Law Reform for their Stamp 4 granting them the right to reside and work without restrictions.
In the case of separation / divorce, the recently enacted EC (Free Movement of Persons) Regulations 2006 codifies recent case law on the subject: The death of the EU citizen, his/her departure from Ireland, divorce, annulment of marriage or termination of partnership will therefore not affect the rights of non-EU family members to continue to reside in Ireland, subject to certain conditions. All applications to extend one’s residency stamp on this basis should be made at first instance to the local immigration officer and the case may be referred to the EU Treaty Rights Division, DJELR, 13/14 Burgh Quay, Dublin 2.
(http://www.mrci.ie/news_events/bulle...tin_May_06.doc)