Ireland - flag Ireland - Family & Partner - Separation or Divorce from EU National Partner

A divorce or separation from an EU National brings particular immigration issues if the one party does not hold EU nationality themselves. However, following recent EU Judicial rulings, it is possible for the spouse to remain in Ireland AFTER the separation or divorce. The same solution arises upon the death of the EU National partner.

This decision is based largely on the notion that it is considered unfair and prejudicial for the non-EU partner to be forced to leave the country simply because of a separation from their partner.

There are some conditions, though:

  • You must have been married for at least 3 years; AND
  • You must have spent at least 1 of those 3 years in Ireland.

If you have had children under the age of 18, the principle remains the same. However, there are no firm rules. The situation would be influenced by whether:

  • the child (or children) are resident in the EU; AND
  • the other partner (i.e. not the applicant) does NOT have custody.

Because this solution is based on the outcome of a judicial case from the EU Courts, it is not entirely straightforward. The engagement of an Immigration partner is recommended.

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Ask Philip Gamble whether you (or your children) have a claim to British nationality.

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Learn more about these routes to British Nationality:

WhatPassport.com is a specialist UK Nationality and British Citizenship site offering an online search and assessment. Claims to hold a British Passport can be complex and the site offers a quick, simple search to give you the answers. While many people qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, we have found that if you have a grandparent born in the UK, or if your mother is British or your father is British, then there are several scenarios where you can claim British Nationality and the right to hold a British Passport. This stems from Britain’s collection of British Colonies, British Protectorates and British Protected States in the middle of last century and the Nationality rules concerning what are now the countries of the Commonwealth.

WhatPassport.com is a subsidiary of Sable International.

Sable International offers a range of services relating to UK and Australian immigration. For over 20 years, we have been helping people with their UK and Australian visa applications. We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday visas, UK dependant visas, Tier 4 visas, UK Visitor visas, sponsorship visas or UK permanent residency or indefinite leave to remain. We also specialise in UK visa extensions. If you’ve overstayed your visa, our Overstayer Status Trace service can assist to regularise your visa status.