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Non EU Wife - Work Permissions

Forum to discuss all things Blarney | Ireland immigration

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Clum0
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Non EU Wife - Work Permissions

Post by Clum0 » Thu Jan 12, 2017 12:18 pm

Hello there!

First let me just say that this forum is such a valuable asset, really is fantastic!

So my situation is that my wife, from Colombia, has arrived in Ireland on a 3 month Visit Visa.
We sent out the EU1 form and all the documents and we are waiting to hear back with acknowledgment.

She is currently seeking work, and has multiple interviews, but we would like to know what her rights are to begin work if we have not got a residence card yet.

Could someone link any document that gives her the right to work under the directive.
We're a little confused about her rights to start looking for work and how to answer employers when they ask about her working permissions.

Any help would be hugely appreciated,

Thank you

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Non EU Wife - Work Permissions

Post by noajthan » Thu Jan 12, 2017 12:47 pm

Wife may work if sponsor (you) is a qualified (or settled) person.

A RC is purely optional (although useful); remember the RC only confirms such a right, it does not confer the right.

See http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Clum0
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Re: Non EU Wife - Work Permissions

Post by Clum0 » Thu Jan 12, 2017 1:24 pm

Thank you Noajthan!

So just to be 100%, my wife can legally start work here without a RC and purely through the directive?
Just for added clarity I am a British Citizen but have worked, and continue to work, in Ireland for the previous 10 years.

Does this constitute a settled or qualified person?

Is there an example of what she can say to potential employers when asked about her visa status?
Also if she over stays her 3 month visa does she need to visit the immigration beauro to let them know?

Sorry for all the questions, It's incredibly confusing and I really appreciate your support and help!

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Non EU Wife - Work Permissions

Post by noajthan » Thu Jan 12, 2017 1:28 pm

Clum0 wrote:Thank you Noajthan!

So just to be 100%, my wife can legally start work here without a RC and purely through the directive?
Just for added clarity I am a British Citizen but have worked, and continue to work, in Ireland for the previous 10 years.

Does this constitute a settled or qualified person?

Is there an example of what she can say to potential employers when asked about her visa status?
Also if she over stays her 3 month visa does she need to visit the immigration beauro to let them know?

Sorry for all the questions, It's incredibly confusing and I really appreciate your support and help!
Under CTA, as a BC, you are settled.

Under EU law, if working etc you are a qualified person.

In UK there is ECS by which a concerned employer may check someone's status whilst an application for RC is pending.
I don't know if there is a similar mechanism in Eire.

Otherwise I suppose wife will have to give such an employer (or potential employer) a crash-course in Directive 2004/38/EC if they are not up to speed already.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Clum0
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Posts: 7
Joined: Thu Jan 12, 2017 12:12 pm

Re: Non EU Wife - Work Permissions

Post by Clum0 » Thu Jan 12, 2017 1:42 pm

Thank you very very much!

This is a huge help!
We will still get her signed up with a residency card but it will be a massive boost in her job hunt!

:)

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Non EU Wife - Work Permissions

Post by noajthan » Thu Jan 12, 2017 1:46 pm

Clum0 wrote:Thank you very very much!

This is a huge help!
We will still get her signed up with a residency card but it will be a massive boost in her job hunt!

:)
Hope wife can find suitably a clued up and understanding employer.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

langtababa
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Re: Non EU Wife - Work Permissions

Post by langtababa » Thu Jan 12, 2017 10:26 pm

In ireland any employer would ask for residency card call GNIB card..its shows she has proper stamp to work and her rights..
Any tax payer job defo will ask for her these details..
so residence card seems like Important to have in her hand..

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