Married to EU, with residency in Spain and job offer in IE?!

Hi everyone,

Sorry to create a new topic, but my situation has variants that I couldn't find!

Here are my details:
I am a New Zealander, married to a Spanish citizen, I have residency here in Spain.

My husband has been offered a job in Ireland with his company here, (of course we thought 'ooooh great - EU - it's gonna be so eaaasy ....yeah right). There is also the possibility that I would be offered a position an admin. position.

I understand that I need to apply for the EU1 - and that's going to take ages. (I wouldn't be able to apply for the employment visa, because admin. positions are not accepted).

Anyone know much about the work permit for Spouses and Dependants of employment permit holders? would I be eligable? how long does it take? etc.

I've been a 'kept woman' (!) pretty much the whole time I've been in Spain, for similar problems. I need to work before I go crazy!

Any experiences and/or suggestions would be greatly appreciated.

Thanks.......(and I thought SPANISH immigration was a nightmare!!)

Actually, you're in a more fortunate position than some, since you will be moving to Ireland from Spain, where your rights under Directive 2004/38/EC have already been recognised and you are holding a Residence Card. In short, you fulfill the prior residence in another Member State condition, "clause" (3)2 of SI 656 of 2006. Yours seems a straightforward enough case, and you should have your Irish Residence Card (Stamp 4EUFam) within six months of application using form EU1.

With regards to working before the issuance of the Stamp 4EUFam Residence Card, legally, you are entitled to. The Residence Card is only confirmation of rights that you both already have.

You are both entitled to work from the moment you enter the country. You will both be able to apply for your PPS numbers easy enough. You need your passports (as they are, no need for endorsements from the GNIB or anything like that), and proof of your address in Ireland, such as a utility bill or similar.

An employer will need your PPS when you start work, for tax reasons, and, of course, your bank details for payment of salary. They are also supposed to check your entitlement to work in Ireland (although, not all do). Should your employer request evidence of this, usually a copy of your EU spouse's passport and your marriage certificate will suffice, prior to the issuance of your Stamp 4EUFam Residence Card.

Welcome to Ireland, you'll love it!

Thanks so much benifa for the quick reply, and the amazingly useful (and happy) information. It really is good news. I wish that everyone in more or less the same situation (non-EU married to EU) could have these rights...
Thanks again - saludos!

kelder, sorry for interrupt, i dont think the information given by benifa was correct, we are in d same position exactly,i married eu-citizen we lived together in another eu state for 4years i came in Feb. with D visa to joined my wife cose she came to ireland before me, i already submitted my EU1. later i went to GARDI for registration as requested i was given only stap 3 on my passport and i was told that i hv to wait for stamp 4 before i can be able to work, stamp 3 does not allow to work, i hv my PPS for just only 4 days, but most of employer request for stap 4....the situation of ireland on Spouse of EU-citizen was nt good at all. i wish u best of luck........

dan72 wrote:i married eu-citizen we lived together in another eu state for 4years i came in Feb. with D visa to joined my wife cose she came to ireland before me, i already submitted my EU1. later i went to GARDI for registration as requested i was given only stap 3 on my passport

Why would you go to register with the Gardai after submitting form EU1? This is not required.

dan72 wrote: and i was told that i hv to wait for stamp 4 before i can be able to work, stamp 3 does not allow to work, i hv my PPS for just only 4 days, but most of employer request for stap 4....the situation of ireland on Spouse of EU-citizen was nt good at all. i wish u best of luck........

You are correct, Stamp 3 has no work entitlement. However, as the spouse of an EEA citizen exercising Treaty rights, your entitlement to the same employment rights as your spouse begins the moment you join your spouse in Ireland.

Of course, if you show a prospective employer a Stamp 3 card, they're not going to employ you. However, if you instead show your passport, your spouse's passport, your marriage certificate, your PPS number and, perhaps, a copy of Directive 2004/38/EC which details quite clearly your right to work, there should be no problem. At least, legally there is no problem. In practice, if the employer is not familiar with Directive 2004/38/EC, it might take a bit of explaining.

well, i dont think Ireland recognised EU Treaty at all. at point of entry immigration wrote some number on my passport and said i should go to GARDI for further registration. i went to go Gardi for registration as directired by the immigration but i was told at d Gardi that before i can be able to register i must bring the acknowledgement letter from the Department of justice, later i went back to gardi then i was given stamp 3.

dan72 wrote:well, i dont think Ireland recognised EU Treaty at all. at point of entry immigration wrote some number on my passport and said i should go to GARDI for further registration. i went to go Gardi for registration as directired by the immigration but i was told at d Gardi that before i can be able to register i must bring the acknowledgement letter from the Department of justice, later i went back to gardi then i was given stamp 3.

I fully agree with you Dan72, Irish are very disorganised and they do not have a clue as to how to interprete simple laws, came here on d-visa with previous EU residency got a 6 digit number in my passport at dublin airport, the imbecile at GNIB told me to apply first for EU 1 and then take acknowledgment slip to GNIB for registration, then get issued with stamp 3, but i applied already for PPS and i intend to work as soon as i get it irrespective of what the irish say. Stamp 3 or stamp 2. and i intend to write to siobhan.duffy@ec.europa.eu she is a solicitor and works for the hopeless EU, it might help.

dan72 wrote:well, i dont think Ireland recognised EU Treaty at all. at point of entry immigration wrote some number on my passport and said i should go to GARDI for further registration. i went to go Gardi for registration as directired by the immigration but i was told at d Gardi that before i can be able to register i must bring the acknowledgement letter from the Department of justice, later i went back to gardi then i was given stamp 3.

Dan72 how long did you wait for your acknowledment letter( AND ALL YOUR DOCUMENTS) and please were you issued your stamp 3 the same day at GNIB. Thanks

Sorry this is probably a bit of a dumb question: What's the D visa? Is this because you come from a visa required country? I'm from New Zealand, and as far as I know don't need a visa...... but of course I could be wrong!!

As a citizen of New Zealand you could apply for the "Working Holiday Visa" (provided you're between the age of 18 and 30). This visa gives you a right to work in Ireland for 1 year.
Just for your information, my wife who is an American citizen waited 6 months before getting the Stamp-4 last week.

First-Class Moron, i got the acknowledgement from department of Justice within 3 to 4 days with all my documents and i got my stap 3 d same day but make sure u go with your spouse to GNIB's office
do nt hestitate to ask any further questions. best of luck

dan72 wrote:..at point of entry immigration wrote some number on my passport and said i should go to GARDI for further registration. i went to go Gardi for registration as directired by the immigration but i was told at d Gardi that before i can be able to register i must bring the acknowledgement letter from the Department of justice, later i went back to gardi then i was given stamp 3.

The GNIB officer at the airport, who told you to proceed to the Garda station to register, was wrong. The procedure for applying for residency as the family member of an EEA/Swiss citizen, is detailed here. Please see the "How to Apply" / "Where to Apply" sections.

There is no requirement, in accordance with Statutory Instrument 656 of 2006 (Ireland's implementation of Directive 2004/38/EC), to register with the Gardai prior to application to the EU Treaty Rights section of the DoJ, using form EU1.

benifa wrote:

dan72 wrote:..at point of entry immigration wrote some number on my passport and said i should go to GARDI for further registration. i went to go Gardi for registration as directired by the immigration but i was told at d Gardi that before i can be able to register i must bring the acknowledgement letter from the Department of justice, later i went back to gardi then i was given stamp 3.

The GNIB officer at the airport, who told you to proceed to the Garda station to register, was wrong. The procedure for applying for residency as the family member of an EEA/Swiss citizen, is detailed here. Please see the "How to Apply" / "Where to Apply" sections.

There is no requirement, in accordance with Statutory Instrument 656 of 2006 (Ireland's implementation of Directive 2004/38/EC), to register with the Gardai prior to application to the EU Treaty Rights section of the DoJ, using form EU1.

thanks Benifa, but it bloody well seems that those dumb IDIOTS at DOJ pick and choose what law they want to comply, its a disgrace this is coming from a country that has a history of emmigration. Bloody imbeciles

Benifa try to study ireland brucracy very well, i was in Citizen information Centre almost 30 times to find proper information on EU spouse if there will be a way or priorty, answer is no.

"pls read this page from citizen centre information If your family members are not nationals of the EU or EEA, they will need to apply for residence cards and may also need entry visas. There is no fee for the residence card. They will also need to register with the Garda Síochána (the Irish police force) and receive an "Immigration Certificate of Registration" (usually called a GNIB card). As dependants of an EU citizen, they will be exempt from the general fee of €100 for this certificate."

First-Class Moron wrote:its a disgrace this is coming from a country that has a history of emmigration.

I think that's part of the problem. Ireland seems to be having enormous trouble coming to terms with its new status as a country of immigration, both in community "emotional" terms and in practical terms: gone are the days, obviously, when every immigrant could be dealt with more or less on an individual basis...

dan72 wrote:Benifa try to study ireland brucracy very well..

Ok buddy, I'll try. Thanks.