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Non Eu Spouse working in EU.

Immigration to European countries, don't post UK or Ireland related topics!

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miseian
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Joined: Tue Jan 12, 2010 4:56 pm

Non Eu Spouse working in EU.

Post by miseian » Fri Nov 19, 2010 5:49 am

Hi, i'm sure this has come up, probably alot, but thought i'd throw it out there anyway as all the other cases are slightly different.

Basically i'm American married to an Irish citizen living in Ireland. I have stamp 4 and have residency here, no problems with that at all. I'm wondering, as a spouse of an EU national, can I work in other EU countries, particularly the UK, Germany and Austria?

Thanks for any help or advice.

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Nov 19, 2010 8:19 am

If you plan to move there alone you would have to get a residence permit/visa in your own right. If it is merely an intra-company transfer then a so-called van der Elst visa may be possible (at least for Germany).

miseian
Newly Registered
Posts: 5
Joined: Tue Jan 12, 2010 4:56 pm

Post by miseian » Fri Nov 19, 2010 3:30 pm

Thanks for the reply. My wife would be with me, does that make a difference. I thought I read something about that, that as long as we're together it's fine, because of her status as an EU national.

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Nov 19, 2010 3:48 pm

To make use of EEA regulations (Directive 2004/38/EC) you both have to live in the same member state and it can make a huge difference esp. in countries who are very protective of their labour market (e.g. Austria). Essentially you have the same rights as your spouse which derive solely from your marriage. In practice, however, it may be difficult to prove that without documentation (a residence card) which may delay taking up work.

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