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[Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

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haxnkoenig
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[Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by haxnkoenig » Fri Feb 22, 2019 3:19 pm

Hi everyone,

I'm an EU citizen living and working in Ireland. My wife is an American citizen and planning to move to Ireland and submit a EU 1 Application to obtain a Stamp 4 visa consistent with the EU Treaty Rights.

My wife's current employer has offered her to continue working remotely for a couple of months. Her income would be paid in US Dollars and paid to her existing American Bank account.

It would be great to have a second income while awaiting the temporary Stamp 4.

I was wondering if that is allowed or could interfere with her visa application or eventually backfire when filing taxes?

Does anyone have experience with that? I cannot find any information about this on the internet.

Thanks so much

littlerr
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Re: [Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by littlerr » Fri Feb 22, 2019 3:57 pm

If it's for a prolonged period, you may run into issues with ordinary or domicile residence for tax purposes.

However, as it's just for a few weeks or months, she's fine. She should pay her US tax and still count as a US tax resident. She does not need a PPS Number in Ireland to work for US and you don't even need to mention it in your applications.

haxnkoenig
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Joined: Fri Feb 22, 2019 3:11 pm
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Re: [Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by haxnkoenig » Fri Feb 22, 2019 4:13 pm

Thanks so much!

She's coming to Ireland mid March and they offered her to work until August. That would probably be too long, right?

What do you think is a good time frame?

Also, wouldn't that cause trouble once she has her temporary stamp 4 and is eligible to work (and therefore declare taxes) in Ireland? I'm conscious that she has to declare worldwide income to the Irish authorities, so also the money she earned during the period she was awaiting her temporary stamp 4.

It would definitely help to have her work for a couple of weeks/months, but we don't want to run into issues with the visa application.We want to submit the application basically once she's here.

Thanks so much for your help

max307
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Re: [Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by max307 » Fri Feb 22, 2019 5:42 pm

U.S. citizens can enter visa-free for tourism or business stays of up to 90 days, she can work from Ireland for a U.S. company for up to 90 days with no issues. I wouldn't extend over those 90 days to be on the safe side.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

littlerr
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Joined: Wed Jul 25, 2018 12:14 pm
China

Re: [Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by littlerr » Fri Feb 22, 2019 5:53 pm

5 months are a bit too much. I'd also say 3 months just to be on the safe side. You wouldn't want them to hold any adverse information even though it's unlikely that they would find it out.

Surely after the temporary stamp 4 is granted, she can apply for any job (remember to get her PPS number as early as possible).

haxnkoenig
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Re: [Please Help]Non-EU Spouse allowed to work remotely after arriving to Ireland and temporary Stamp 4 granted?

Post by haxnkoenig » Mon Feb 25, 2019 3:21 pm

Thank you all for your input.

I've actually reached out to INIS to ask that question and they said that "one cannot engage in employment until the temporary stamp 4 is issued".

When I asked specifically about the 90 days and the rights of American citizens to clear migration on a tourist visa that allows tourist and business trips for up to 90 days I got the answer:

"I would suggest to contact an immigration officer or border control for an answer on this".

Unfortunately no contact number/email address was provided (lol). Do you know for certain that my spouse would clear immigration on a normal 90 days tourist visa? In that case I don't see an issue either. My employers immigration team recommended not to engage in any work - we just don't want to risk it, but it seems like legislation is not really clear here.

Thank you all

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