Arrived in Dublin, now what?

Hello,

my wife (Argentinian) and I (German) have arrived in Dublin on Sep 22. I just passed through the EU queue, she was questioned for about 10 minutes at the non-EU queue and was then issued a card and a stamp valid for one month.

We have since brought our marriage certificate to a translator to have it translated to English. I started work, applied for a PPS number, and the bank account opening is still on hold due to a stupid mistake (my employer issued me with a reference letter that did not contain all my names stated in my passport).

Now for the tricky question: How can we get a work permit for my wife as fast as possible? You all know that the EU1 process takes months. Some threads discuss the application for a work permit while the EU1 application is pending. I downloaded the form, it has 12 pages and almost as many sections.

Can anyone who has actually used this form to get a fast-tracked work visa explain which sections to fill in and which documents to include?

Thank you.

First of all you should apply as soon as possible via the EU1 Form. The quicker you apply the quicker they might respond. (good joke, I know)

To apply for a work permit while the EU1 application is pending your will need to find a job first. A company has to be willing to support your work permit application. Unfortunately a lot of employers are not to keen on getting involved in work permit situations. If your wife is not highly qualified or specialized it might be difficult to find something decent.

Cheers,
DSAB

P.S. Viel Spass in Irland.

cantaro wrote: Some threads discuss the application for a work permit while the EU1 application is pending.

Unfortunately this particular work permit has been withdrawn by the Dep. Enterprise, Trade and Employment after (what i understand to be) pressure from the Department of justice.

They are no longer accepting applications for it.

Yes, that's true, I'm affraid to say you this but your wife will have a lot of problems to get a job. What you can try is to get a work permit for your wift on the "normal" way. The only issue is that she needs a job offer form 40000 Euro/Year. So she has to be good qualified for such kind of permission.

We are waiting now since 5 month (my wife is from Bolivia) and after month where my wife had to stay home, couln't work, couln't travel (don't think your wife gets a stamp to visit germany - she will be stack here) we decided to go to Northern Ireland because they are acting like humans there with our family members.

I don't wanna shock you but to save you and your wife a lot of nerves you should really think to get a EEA family permit in GB. During she has a valid passport she is able to get one. Once the stamp is expired you will have problems to get the stamp.

You don't have to go directly to GB when you have the stamp You will have 6 month to think about this. But at least you will have the opportunity.

Good luck for your start in Ireland. Next to the immigration desaster it's a nice country !

I think his argentinian wife already has a residence permit for Germany.They will be approved for the residency, it would take time (around 6 months)

Thank you all for your responses.

Indeed, archigabe, we are not worried about getting the residence for my wife. Due to having resided in Germany for more than one year she fulfils that stupid requirement as well. We are, however, worried about the time it obviously takes until the permit is issued, and would like to cut it as short as possible.

Does anyone have experience about whether it is possible to get a job just by demonstrating that the requirements set forth in Directive 2004/38/EC are met? In that case, waiting for the actual residence card to arrive would not be an issue.

cantaro

cantaro wrote:Thank you all for your responses.

Indeed, archigabe, we are not worried about getting the residence for my wife. Due to having resided in Germany for more than one year she fulfils that stupid requirement as well. We are, however, worried about the time it obviously takes until the permit is issued, and would like to cut it as short as possible.

Does anyone have experience about whether it is possible to get a job just by demonstrating that the requirements set forth in Directive 2004/38/EC are met? In that case, waiting for the actual residence card to arrive would not be an issue.

cantaro

It's not possible, there's nothing you can do but wait for the decision letter... you can try to push them by sending letters/faxes/emails and visiting them every month or so, other then that... you're in the same boat as everybody else. Be glad you're not waiting for a citizenship application, that takes up to 2 years!

Germany and Ireland are not far apart, the wife of a colleague of mine used to live and work in Germany while he was working here in Dublin for about a year. And he would go to Germany (or she to Dublin) every month for a long weekend or so to be together. You can find cheap flights with Ryan Air. I suppose you could apply for EU-1 here and your wife can work in Germany until you receive the residence card. That's the only other option you have besides the waiting game.

cantaro wrote:Does anyone have experience about whether it is possible to get a job just by demonstrating that the requirements set forth in Directive 2004/38/EC are met? In that case, waiting for the actual residence card to arrive would not be an issue.

Legally she can work from arrival without any additional formalities, just as you can. The challenge is proving she has this right to an employer who likely is far too busy to really understand EU law.

I would suggest she start looking for work and at the same time apply for a work permit on the basis of being spouse of an EU citizen. If you have any problem at all with the work permit application, immediately contact EU's Solvit.

Directive/2004/38/EC wrote:Legally she can work from arrival without any additional formalities, just as you can. The challenge is proving she has this right to an employer who likely is far too busy to really understand EU law.

That is what I am thinking, and I think so because neither the Statutory Instrument SI 656/2006 (see http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf) nor the underlying Directive 2004/38/EC state that a residence card must be issued to the non-EU/EEA national before he/she can work, does it?

cantaro wrote:

Directive/2004/38/EC wrote:Legally she can work from arrival without any additional formalities, just as you can. The challenge is proving she has this right to an employer who likely is far too busy to really understand EU law.

That is what I am thinking, and I think so because neither the Statutory Instrument SI 656/2006 (see http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf) nor the underlying Directive 2004/38/EC state that a residence card must be issued to the non-EU/EEA national before he/she can work, does it?

In my opinion all this talk is moot.

In practice PPS number and passport with stamp 4 is needed if one applies for a job.

cantaro

I would recommend the following
(1) Contact http://ec.europa.eu/citizensrights now for a legal opinion on your wife’s right to immediately work
(2) At the same time apply for a work permit
(3) If you have any problem with (2) immediately contact http://europa.eu/solvit/ for their assistance, quoting the results of (1)
(4) Keep photocopies and call logs of EVERYTHING


I would (in theory) have no problem hiring your wife on the basis of EU law, though I would ask to see both passports and your marriage certificate and (probably) a copy of your application for an EU1.

I have contacted http://ec.europa.eu/citizensrights and received the following e-mail.

Enquiry
44946: SITUATION: My wife (Argentinian citizen) and I (German citizen) recently moved to Ireland where I am now employed. My wife would like to work as well, and we are in the process of filling in and sending an application for residency under the terms of Directive 2004/38/EC (transcribed into Irish law by Statutory Instrument S.I. No. 656 of 2006, see http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf).

As discussed in many topics found at (http://immigrationboards.com/viewforum.php?f=34), the Irish government currently takes between 6 and 9 months to process such applications. Understandably my wife would like to start working much sooner than that.

Directive 2004/38/EC sets forth that a non-EU/EEA citizen married to a EU/EEA citizen needs to apply for a residence card in the host country. Interestingly neither the Directive nor the Irish SI state whether the non-EU/EEA citizen needs to be in possession of the residence card to begin working or whether demonstrating the fulfilment of the requirements by means of supporting documents, as would be needed to issue the residence card in the first place, is already sufficient to begin working.

QUESTION: Can my wife start working in Ireland without having a residence card by demonstrating through documentary evidence that she is married to a EU/EEA citizen who is currently residing and employed in Ireland? If so, would it be necessary to also demonstrate that she has applied for a residence card (the issuing of which should be a mere formality)?

Reply
Thank you for your inquiry.

You raise an interesting issue – the consequences arising from the distinction between applying and being issued with a residence card.

As a rule and general principle, the right of all EU citizens to reside in one of the 27 EU Member State for more than three months should also be granted to their family members. EU citizens, who have exercised their right to move and reside freely and moved to a host Member State, are therefore entitled to reside together with their family members, irrespective of nationality (however, this right would not apply to your wife on her own if she did not accompany or join you). Your wife as you are aware most likely required an entry visa as she is not an EU national.

Your wife, as a non-EU national, is obliged to apply for a residence card with the relevant authorities of the host Member State. Your right of residence is evidenced by issue of a residence card. For the residence card to be issued, the host Member State may only require that you present a valid passport and:

• a document attesting to the existence of a family relationship (for example your marriage certificate) or proof of a registered partnership;
• the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom you accompany or join: and
• in case that you are dependant direct relative, documentary evidence to that effect.

The residence card should be issued to your wife no later than six months from the date on which you submit the application. A certificate of application for the residence card should be issued immediately. The residence card should be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen i.e. the duration of your stay, if this period is less than five years.

I wish to highlight the following - possession of the residence card may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof. What is important is that you have the right rather than having an official paper to that effect.

I would urge you to seek confirmation with the Department of Enterprise, Trade & Employment (especially the employment permits section) that evidence of applying for the residence card should be sufficient in order to commence work (as per the Directive). I mention this to you, as there are some variations in different Member States regarding the implementation of Directive 2004/38.

I therefore attach the details of the Employment Permits Section and I hope the above is of some assistance:
Employment Permits Section
Department of Enterprise, Trade & Employment
Davitt House
65a Adelaide Road
Dublin 2
Phone: (01) 631 3333 or (01) 631 3308
LoCall: 1890 201 616
Email: employmentpermits@entemp.ie


The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.

Hello,

this morning my wife went to the Garda/GNIB on Burgh Quay to register her presence in this country, as required by law. The officer that attended her, however, did not take her application and instructed her to complete and send the EU1 form instead. Now the thing is that Section D of the form contains an item "Date of first registration Ireland". What to fill in there? It has a sub-item "If no registration date has been provided please explain why". The officer attending my wife told her in earnest to put her own name there! That does not make sense at all to me.

Some more things unclear to us on the form include:

Section D "Status on arrival in the state": What to choose? I would select "Other" but what to provide under "Details"?

Section C "Have you provided documentary evidence of your relationship?" I would tick "No" and explain "see Marriage Certificate". Any better idea?

cantaro wrote:this morning my wife went to the Garda/GNIB on Burgh Quay to register her presence in this country, as required by law. The officer that attended her, however, did not take her application and instructed her to complete and send the EU1 form instead. Now the thing is that Section D of the form contains an item "Date of first registration Ireland". What to fill in there? It has a sub-item "If no registration date has been provided please explain why". The officer attending my wife told her in earnest to put her own name there! That does not make sense at all to me.

I would answer NO. I would attach a note explaining that at 11am on Tuesday Oct 9 you went to the GNIB office at on Burgh Quay and tried to apply to register using form XYZ, but was told by Officer Jones that it was not required.

I would also note in the attachment that registration is not required for residences of under three months under EU law or by Section 6 (Residence in the State) of S.I. No. 656 of 2006. A Residence Card may be required for longer residences, and that is what you are applying for.

cantaro wrote:Section D "Status on arrival in the state": What to choose? I would select "Other" but what to provide under "Details"?

Is the question asking whether you had a visa when you arrived? Not sure. You could say “otherâ€

Today my wife has a job interview, and we shall see whether the agency can be convinced that she has (or should have) the right to work…

I also sent a quary to the ec and they answered exactly the same thing they told you. I wonder, did your wife get her pps number? I read than this could be done with the entrance stamp (the one they give you in the airport) and the home adress. You only have to tell them that she needs it for her medical insurance. That way she will have all th "legal" documentation in order to start working...

I am italian and my husband is also argentinian, let me know if you have any news about your situation.

All the best

I downloaded the form, it has 12 pages and almost as many sections.


Where did you download the EU1 form??? I downloaded it and it was only 4 pages

No way of fast racking it.... only thing is to make sure you send all correct documents orther wise it will be sent back to you and your wiating time will increase.

For her to work she could apply for a Work permit while waiting