EU National and Non EU National - Already living in Spain

I have read a THOUSAND opinions and I have spoken with, at least, ten different Garda officers. It seems to be two different stories about this hole EU1 and Stamp 4 issue.

I am italian, my husband is Argentinian, we have lived in Barcelona for four years, he has his residence card and all kind of papers thta justify this four years, and so do I.

I am pregant and he has a work offer in Cork, so we have to move there in about a month.

I have spoken with the Garda in Dublin and they said that with our matrimony certificate, both our passports and little more he would get a stapm 4 (in about 2 weeks) and that with that was enough to live and work there for a year.

Later, I spoke with the Garda in Cork and they said than that info was wrong, thet we had to apply for a EU1 and that it would take about 6 months.

Can someone shed some light in this matter? Has anyone been through this procedure in the last year? I am Italian and I have exercised my EU rights and so has he, I can not understand that he has to wait 6 months to work!!!!!!

I know all about work permits, that is very clear but it takes a month or so to do it and I see no need to make the company go through it (and I am not sure if they would be willing) so, please, let me know if any of you knows something about this


All the best

Silvina

As far as the experience of the people posting on this forum goes, the garda in cork was right. You would have to apply using EU1 form and it would take about 6 months.

http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

Silvina wrote:I have read a THOUSAND opinions and I have spoken with, at least, ten different Garda officers. It seems to be two different stories about this hole EU1 and Stamp 4 issue.

I am italian, my husband is Argentinian, we have lived in Barcelona for four years, he has his residence card and all kind of papers thta justify this four years, and so do I.

Out of interest, your husband may be eligible for Spanish citizenship so why doesn't he look into that before he leaves Spain?

HI JAJ, He has already looked into thta, but it will take anothre 18 months to be granted, and we can not wait for it.

Thanks for your worry

Silvina wrote:I have spoken with the Garda in Dublin and they said that with our matrimony certificate, both our passports and little more he would get a stapm 4 (in about 2 weeks) and that with that was enough to live and work there for a year.

It used to be like that, but not anymore. These days you will have to apply for residency using the EU1 form, and, according to posts in this forum, it takes about 6 to 9 months to be issued a residence card.

Silvina wrote:Can someone shed some light in this matter? Has anyone been through this procedure in the last year? I am Italian and I have exercised my EU rights and so has he, I can not understand that he has to wait 6 months to work!!!!!!

According to a response I received from the EU Signpost Service, while your husband needs to apply for the residence card, it cannot be made a precondition to actually have it before he can work. In other words, it should be sufficient that he prove he has applied for the residence card, and provide all other documents showing he is the spouse of a EU citizen who has exercised their right to move to another EU country and has work or is self-employed. That means, once you have a job, your husband should be eligible to work. Now try to convince an employer of such a complicated thing… I want to do that with my wife (she is Argentinian as well) but we will probably not start looking into it before about January.

Hi Cantaro!!

I been also checking that the documentation than the employer needs in order to work is the PPS number. This can be obtained with stamp 3 Is it correct?

This six months waiting is against EU rules, my husband has already lived as a EU national spouse and is entitled to work from the moment he arrives. I know it depends also with the Garda agent that attends you, so under what bases do they deny or grant the stamp 4?

I plan to go to ireland and try to get the stamp 4 in the Garda, not through EU1. If I can not he shall start working with his pps number and stamp 3. I will travel all garda stations until I find someone reasonable... I am 6 months pregnant, I can not work and they can not deny me or my husband work under my condition.

I am really pissed off and I still haven't arrived!!!!!!

Time will tell if what I want is possible or not

All the best

SIlvina

I am not sure if you will be able to convince any of the garda to issue your husband with a stamp4 without the E.U1 approval. My advice to you is to have the baby in Spain and then move here when things are more settled.Trust me, you will break your head unnecessarily with the irish nazi cops. They will treat you worse than a refugee, you will get absolutely no sympathy for your situation. They have an unofficial policy of encouraging people to leave if they are not native irish.
Trust me, we have been waiting for 1 year in Ireland for me to be able to work and we have had a tough time with our new baby even though my E.U spouse has been in Ireland for the last 6 years.You don't need that kind of aggravation especially when you are pregnant.

Silvina wrote:HI JAJ, He has already looked into thta, but it will take anothre 18 months to be granted, and we can not wait for it.

Is it "cannot wait" or "won't wait?"

The serious problems with the Irish immigration system have been documented for a long time. You should understand that it will be many years before he is eligible for Irish citizenship.

Others in the same situation would decide to wait until Spanish citizenship was obtained.

Has he also looked into obtaining Italian citizenship by marriage?

He won't lose his Argentine citizenship by becoming Spanish as far as I know, but he might if he becomes Irish or Italian. You should check this with the Argentine authorities.

Silvina wrote:I been also checking that the documentation than the employer needs in order to work is the PPS number. This can be obtained with stamp 3 Is it correct?

Actually, my wife got a PPS number without having any stamp at all. The revenue office only check for valid ID and proof of address. Kind of logical, thinking that both spouses need a PPS number for correct tax assessment even though only one may be working. And you are correct in saying that the most important thing to have in order to work is a PPS number, and the rest might not even be checked thoroughly by an employer, at least not by the small ones.

Silvina wrote:This six months waiting is against EU rules,

Actually, no. If you read the Directive 2004/38/EC, it states that a residence card has to be issued within 6 months from application date. What probably is illegal is that they require you to have the residence card before you can take a job.

Silvina wrote:my husband has already lived as a EU national spouse and is entitled to work from the moment he arrives.

Actually, no. Directive 2004/38/EC states that your husband is entitled to reside and work as soon as you, the EU spouse, have work.

Hi JAJ, my husband has already apllied for his italian citizenship and he will get it in aprox a year. We can not wait a year because he would lose a very good job offer in Ireland.

Cantaro, you are right, I meant that he should not wait for six months in order to work, acctually to have or not to have the blessed card is the same for me as long as he has the RIGHT to work.

Regarding the need of myself getting a job to entitled him to get one is complicated. I am pregnant and unemployed, and besides one of the main direcctives of EU is that he, as my spouse, shoulg get the SAME treatment as me, he is not my dependant, he is my husband.

I think we will go get the PPS number and see what happens from there.

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