Non EU (Spanish PR) and Spanish National moving to IRL

BabaRaj · Post by **BabaRaj** » Tue May 17, 2022 5:46 pm

Hello everyone, Me and my registered Civil Partner (Pareja de Hecho) from Spain want to immigrate to Ireland. As we are Civil Partners, I have a Spanish Permanent Residence valid until 2026. I contacted the Irish Embassy here and they gave us all the information regarding how to immigrate. They told us we need to go to Ireland, I should get a visa from Ireland, and then we should apply for EU Treaty Rights for free movement. Once we apply, it can take up to 6 months for them to process.
My question is, during this 6 months that they take to process the application, can I work? The embassy said they cannot confirm this as it is not under their control and I emailed different offices in Ireland but no one seems to have an answer.
Also, should we do this process through Immigration lawyers to make it more streamlined? If yes, can someone suggest any lawyers they dealt with that were good? From my personal research I came across 2 that seemed alright, xxxxxxx Solicitors and xxxxxxx Solicitors. Any reviews on them?

links · Post by **meself2** » Tue May 17, 2022 5:51 pm

From what I know, you receive a temporary Stamp 4 permission while your Treaty Rights application is processing, which allows you to work without a work permit, but unsure.

Post by **littlerr** » Tue May 17, 2022 5:55 pm

Once your application is submitted, the department may issue you with a temporary Stamp 4 permission which allows you to work in the state. Whether or not you will be granted this temporary permission is up to the officer, but usually you should get it unless there are legitimate grounds not to issue you with one.

You do not need an immigration solicitor for this. Vast majority of people just submit the application on their own. It’s a long but straightforward application form.

Btw the forum forbids any discussion of solicitors here.

BabaRaj · Post by **BabaRaj** » Thu May 19, 2022 3:53 pm

Thank you very much guys. With regards to entering Ireland, does my girlfriend need to have a job offer from an Irish company or we both can just go to Ireland without a job offer?

Post by **littlerr** » Thu May 19, 2022 5:04 pm

She does not need a job offer right now. EU Treaty rights give her 3 months to find a job once she comes to Ireland (or study in a college, or show proof that she has sufficient funds to stay in Ireland without accessing public welfare funds).

Even though she doesn't need a job right now, because you will need to apply for a visa, it is better if you can at least mention what her plan is when she comes to Ireland - does her intend to find a job, how much money you and she has to support your first few months etc - most of these bits are optional in the visa application, but it would be good to show and convince the visa officer that you have a plan.

BabaRaj · Post by **BabaRaj** » Thu May 19, 2022 7:40 pm

Thanks for that! We both are trying to secure a job before going to Ireland, but if let's say she does not get an offer and we arrive in Ireland, what would be the amount of money we would have to show?

Post by **littlerr** » Fri May 20, 2022 2:47 am

There is no requirement on that. The EU Treaty even forbids immigration & visa officers from asking irrelevant questions like this (although in reality they still do ask them from time to time).

The immigration office’s website has a pretty comprehensive requirement of what is needed to get your visa. The 2 main things are (1) to prove your relationship is genuine, and (2) the EU National intends to move to Ireland. Nothing else should be required.

https://www.irishimmigration.ie/coming- ... -national/

Once you have your visa, you can come over to Ireland within the validity of your visa. Just remember to tell the border control that you wish to exercise EU Treaty rights. They shouldn’t ask any further questions, but just in case they do ask, you should have some documents/answers ready (e.g. marriage certificate, medical insurance, what do you intend to do, where do you intend to live, bank statements showing how much money you have etc). Again, by law they should not ask for things like bank statements or your address, but they don’t always follow the rules.

BabaRaj · Post by **BabaRaj** » Fri May 20, 2022 12:59 pm

Thanks a lot!! You have helped me quite a bit, and I really appreciate that

BabaRaj · Post by **BabaRaj** » Thu May 26, 2022 3:36 pm

littlerr wrote: ↑
Fri May 20, 2022 2:47 am
There is no requirement on that. The EU Treaty even forbids immigration & visa officers from asking irrelevant questions like this (although in reality they still do ask them from time to time).

The immigration office’s website has a pretty comprehensive requirement of what is needed to get your visa. The 2 main things are (1) to prove your relationship is genuine, and (2) the EU National intends to move to Ireland. Nothing else should be required.

https://www.irishimmigration.ie/coming- ... -national/

Once you have your visa, you can come over to Ireland within the validity of your visa. Just remember to tell the border control that you wish to exercise EU Treaty rights. They shouldn’t ask any further questions, but just in case they do ask, you should have some documents/answers ready (e.g. marriage certificate, medical insurance, what do you intend to do, where do you intend to live, bank statements showing how much money you have etc). Again, by law they should not ask for things like bank statements or your address, but they don’t always follow the rules.

Do you any idea what stamp they give in this case? Is it Stamp 1?

links · Post by **meself2** » Thu May 26, 2022 3:44 pm

BabaRaj wrote: ↑
Thu May 26, 2022 3:36 pm

littlerr wrote: ↑
Fri May 20, 2022 2:47 am
There is no requirement on that. The EU Treaty even forbids immigration & visa officers from asking irrelevant questions like this (although in reality they still do ask them from time to time).

The immigration office’s website has a pretty comprehensive requirement of what is needed to get your visa. The 2 main things are (1) to prove your relationship is genuine, and (2) the EU National intends to move to Ireland. Nothing else should be required.

https://www.irishimmigration.ie/coming- ... -national/

Once you have your visa, you can come over to Ireland within the validity of your visa. Just remember to tell the border control that you wish to exercise EU Treaty rights. They shouldn’t ask any further questions, but just in case they do ask, you should have some documents/answers ready (e.g. marriage certificate, medical insurance, what do you intend to do, where do you intend to live, bank statements showing how much money you have etc). Again, by law they should not ask for things like bank statements or your address, but they don’t always follow the rules.
Do you any idea what stamp they give in this case? Is it Stamp 1?

For treaty rights - 4EUFam

BabaRaj · Post by **BabaRaj** » Fri May 27, 2022 10:22 am

I had another question, from the time I arrive in Ireland and apply for the EU treaty rights, how long does it take to get the stamp? I came to know from a friend that it takes 2 months?

links · Post by **meself2** » Fri May 27, 2022 12:12 pm

BabaRaj wrote: ↑
Fri May 27, 2022 10:22 am
I had another question, from the time I arrive in Ireland and apply for the EU treaty rights, how long does it take to get the stamp? I came to know from a friend that it takes 2 months?

Depends on what exactly you're wondering about.
You apply for Treaty Rights (max 6 months by EU laws) - when approved, apply to register and get an IRP card (2 months if in Dublin atm, not sure about other counties to get it processed), but you can work/etc with the letter I'd say.

BabaRaj · Post by **BabaRaj** » Fri May 27, 2022 2:44 pm

Yeah exactly, so I will have to wait 2 months to get the IRP (Stamp 4) and cannot work during that time!?

links · Post by **meself2** » Fri May 27, 2022 3:03 pm

BabaRaj wrote: ↑
Fri May 27, 2022 2:44 pm
Yeah exactly, so I will have to wait 2 months to get the IRP (Stamp 4) and cannot work during that time!?

Letter of approval from DoJ should suffice initially. Don't know what they say in EUFam letters, but in a number of letters from DoJ about my status they said "decided to grant you Stamp 4 for the duration of one year from the date of this letter" or something and I think it's fine to start working.

Post by **littlerr** » Fri May 27, 2022 6:09 pm

Once you send in your application, you should expect a letter for temporary permission in a few weeks time, subject to INIS opening your application, inputting everything into their system, and confirming that they have received all required supporting documents.

Even though they claim applications are processed by chronological orders, there have been a lot of exceptions, especially since COVID started which caused staff shortage and a large backlog of applications. So it's really difficult to say if it's going to be 4 weeks or 12 weeks.

You can start working as soon as you receive the letter, but there is an expectation that you should register with INIS within a reasonable timeframe. Technically you are not in a position to work until you have completed your registration and received your IRP card, but INIS has clarified in recent years that a permission letter is sufficient to prove you have the right to work.

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Non EU (Spanish PR) and Spanish National moving to IRL

Non EU (Spanish PR) and Spanish National moving to IRL

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Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL

Re: Non EU (Spanish PR) and Spanish National moving to IRL