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Canadian married to UK citizen wanting to work in Ireland

Forum to discuss all things Blarney | Ireland immigration

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darinmacdonald
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Joined: Thu Nov 16, 2006 6:19 pm

Canadian married to UK citizen wanting to work in Ireland

Post by darinmacdonald » Thu Nov 16, 2006 6:39 pm

Hi, I am in a desperate situation. Until today, I thought because my wife is a UK citizen with a UK passport, that her and I could enter Ireland and work without restriction. The Irish embassy has now confused us by showing us a piece of legislation that seems to suggest that a non-eea national who is the spouse of an EU citizen can get a residency card and work in Ireland only if the non-eea national is a legal RESIDENT of a EEA country. I am only a resident of Canada, not an EEA country. Does this mean I need to apply for a work-permit/authorization, or is my previous belief correct. Need a response ASAP as we are due to leave in six weeks and are in the middle of selling our house!!! Please Help!

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Fri Nov 17, 2006 11:48 am

hmmmmm .... I had wondered about this before. This is newish EU legislation (enacted into Irish law in May 2006) which is supposed to allow for free movement of all EU citizens and their family members, and to allow them move within EU countries freely for the purposes of work. The idea is that the family members are legally resident in another State, and should be allowed the same freedoms in all other EU States. You can read the legislation at http://www.justice.ie/80256E010039E882/ ... of2006.pdf
These regulations shall not apply to a family member unless the family member is lawfully resident in another Member State and is seeking to enter the State in teh company of a Union citizen in respect of whom he or she is a family member.
I didn't realise though that they were strictly enforcing this part of the legisation. Other members of this forum who are from Visa-Required countries (e.g. India, Nigeria) applied for Entry Visas (D-Spouse Visas) to join their EU spouses in Ireland, and subsequently applied via the EU1 form for Residency and Work Permission to stay in Ireland past the 3 months initially granted. These spouses applied from their home countries for the Entry visa, and then entered Ireland to apply via the EU1 form. As you will read on this forum, all are waiting for decisions on their EU1 application and their residency rights. They have all been advised that it will probably take about 6 months for processing, despite the EU1 form stating that it will take a "maximum of 6 months to process". So it was doubtful that you could ever have worked immediately on arrival in Ireland anyway. But I do wonder why these other non-EU citizens who entered Ireland from their home countries havent had the same issue. Perhaps their EU1 application will be refused if they weren't resident in another EU country before applying?

As a Canadian citizen, you do not need a visa to enter Ireland, so you can simply arrive into the country. I would have thought that you could then simply apply via the EU1 form, but as the legislation says, you are supposed to be resident elsewhere in the EU to apply.

If you have a job offer you can apply for a Work Authorisation at the Irish Embassy in Canada. These applications can take from 1 day (China) to a few weeks/months to process. Do you have anything lined up in IReland or were you planning on looking when you got here?

JAJ
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Joined: Sun Oct 23, 2005 8:29 pm
Australia

Re: Canadian married to UK citizen wanting to work in Irelan

Post by JAJ » Fri Nov 17, 2006 12:34 pm

darinmacdonald wrote:Hi, I am in a desperate situation. Until today, I thought because my wife is a UK citizen with a UK passport, that her and I could enter Ireland and work without restriction.
The "without restriction" bit has never been true as far as I know. A visa or permit is always required. You wouldn't have a right to just turn up and work in the United Kingdom either.

Does your UK spouse have Canadian citizenship? If not, is she aware of the rules for holding on to her permanent resident status when overseas?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jan 24, 2007 10:16 pm

I am curious how this worked out.

Ireland seems to have a "unique" take on Directive/2004/38/EC by requiring the applicant to be already resident in an EU state.

Strictly speaking, if you read the Irish legislation, it would suggest that a British citizen living in Canada could move to Ireland from Canada without restriction, but his wife would not be automatically granted a visa.

There is definitely grounds to appeal if the wife was turned down!

nohinsara
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Posts: 32
Joined: Thu Mar 01, 2007 6:48 am
Location: Vancouver, Canada

Post by nohinsara » Tue May 01, 2007 4:15 am

I want to find out how this turned out too, as I am in near exactly the same situation! I am Dual UK-Canada and Husband is Canadian. We want to go to Ireland and work... It would be no problem for me, but what about him??

I hope there's an update soon.

Plaasjapie
Member
Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Tue May 01, 2007 10:20 am

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