UK Residence card, can I work in Ireland?

[EUsmileWEallsmile]

When I got to Cork, Garda asked me why you are here. I said honestly that I have been offered a job and we wish to exercise our free right of movement within EU under Directive 2004/38/EC. He asked me to show him offer letter that I handed over to him. But immigration officer said you can enter Ireland but you CANT WORK. I showed him information as I had hard copy that I can enter and work according to Law and work. He said its up to my Discretion whether I allow you 1 day entry or 3 months entry and even with entry you will not be eligible to work. It got to the stage when he said I KNOW MY JOB AND YOU DONT NEED TO TELL ME WHAT IS LAW......and he stamped my passport with 2 MONTHS LIMIT AND ITS MENTION NO UNAUTHORISED WORK ALLOWED.....

The individual who stated this is not familiar with the law and should be educated. Did you take names perhaps? There will be a complaints procedure follow it.

If your future employer declines the job offer previously made, get it in writing. You could at least use this as the basis for a later claim against the state if necessary. Keep all expenses noted and recorded.

You will be aware that all of this depend on your wife being a worker, self-sufficient person or student for you to have availed of the right to work three months after her entry.

[EUsmileWEallsmile]

The Irish law is actually pretty good, holder of an article 10 residence card (of which the UK's residence card is) can enter Ireland without a visa.

But can I work without any prior formalities? As far as I know..YES....but how do I deal with my situation??? Advice!!! please

Sorry Adnan, had been distracted and hadn't understood all your concerns. Provided wife exercising treaty rights, then you can work. See new post above.

[adnan01]

Thanks EUSMILE....I want to acknowledge that you helped me a lot when I was in Dubai struggling away from my family..maybe you don't remember

Well I already got the job that I am suppose to start from Monday...and during interview I clarified this issue that I hold UK residence card and if I move to Ireland with my family then I can work. Based on that I got the job offer.

Now I have entered Ireland but I got the stamp that states "No unauthroised work allowed"

So my main concern is how shall I deal with this situation. My company might not even ask me any documents so staying quite would be fine as my stay is legal under EU law...or should I mention the situation and see what happens...?

[adnan01]

Yes I am aware. As I will be working full time and company is providing full health insurance to myself, my wife & daughter, we plan to exercise treaty rights on basis of self-sufficient. As far as I found out, this is the correct procedure..

But my issue is this initial stage..I am going to try and find out how I can complain. I do have person's name, it is even written on the stamp and within stamp it says allowed to stay up to 19 March. So 2 months from today... ruined happiness of getting a job...

[Directive/2004/38/EC]

Today is Sunday. First thing to do is to request help from Solvit: http://eumovement.wordpress.com/help-eu-solvit/ Do it today so that they have it first thing tomorrow.

The airport people were wrong, but the Irish have very carefully not been making it easy to work until you have the 4EUFam card.

Main thing: Complain loudly! Be the squeaky wheel!

You can in fact work in Ireland legally (if your wife is there), but proving it is the challenge.

I personally would not bring the issue up with your employer. In the meantime work hard behind the scenes to get the confirmation that you can work from the official sources that will satisfy the employer.

[EUsmileWEallsmile]

I don't know how what checks your employer will need to do before taking you on. I would not be inclined to volunteer the passport with stamp, unless they specifically request it, in which case see below.

I would suggest that you apply for an Irish article 10 residence card as soon as possible. If your employer needs your passport, it will be with INIS.

Provided that you stay within the terms of directive 2004/38/EC you are allowed to work.

(With your UK residence card, your passport should not have been stamped. The fact that you were accompanied by your wife, means that you can work straight away. It is important that you know this).

[adnan01]

I knew that my passport should not be stamped as it says in Directive 2004/38/EC. I think I gave up or I had sort of fear that if he really allow me to enter for couple of days even though it would be against Directive 2004/38/EC I wouldn't be able to manage the hassle.

My wife has gone back to the UK temporarily as our daughter's passport is outdated and we are expecting to get the renewed one in second week of feb. So I'm not in position to apply for Residence card in Ireland straight away. And I planned all this before coming here and if everything had gone smooth then I had no issues. I will see how it goes, if really offer would be withdrawn due to this issue then I will take action.

How can I lodge a complaint?

[nobodysperfect]

Adnan01, I have had the exact same issue when we entered Ireland. We moved to Ireland since I had a job offer and the immigration stamped my passport with one month stamp stating no rights to work. I didn't really give a damn about it as my employer did not ask for my GNIB or Permit to work as they knew I had an RC from another member state and it takes time to sort out things in Ireland.

Make a complaint to UK solvit , however they will take weeks before they will get this resolved for you. You are legally allowed to work regardless of the Garda stamp. Just let your employer know that you are in a process of getting your GNIB card sorted and this could take a few weeks, while you arrange for your EU Fam Documents. There is no issue getting your PPS number because of the stamp on your passport however you will need your wife to accompany you when you apply for the PPS.

Don't worry too much about it as legally you are not doing anything wrong. Good luck with your new job.

[adnan01]

Thanks "nobodyisperfect"...

I feel much better now ....I had my first day at work and had no issues and hope it will be fine.

To apply PPS we need proof of address. My company is giving me letter so I won't need proof of address. But we have no proof of address for my wife so does it mean we will need to wait until we have proof of address for her? or can we go together and Apply PPS only for me and later for her????

Also, does this WRONG stamp means I can exit and enter Ireland again without my wife??? I wish to meet my family over the weekend as they can't come here because of my daughter's passport issue so I would like to visit them in London.

Thanks again for kind support.

[nobodysperfect]

I had my first day at work and had no issues and hope it will be fine.

You should be OK as long as your employer understands your rights and you can stretch it until you make your EU FAM application. I worked for two months (and paid emergency tax ) until I got my PPS sorted out.

To apply PPS we need proof of address. My company is giving me letter so I won't need proof of address. But we have no proof of address for my wife so does it mean we will need to wait until we have proof of address for her? or can we go together and Apply PPS only for me and later for her????

You can not apply for a PPS without your wife. Remember your rights are derived from your wife who is the EU national. So you will need to apply for PPS with your wife. You will either need a lease agreement or a letter from your landlord stating both of you are staying there.

Also, does this WRONG stamp means I can exit and enter Ireland again without my wife??? I wish to meet my family over the weekend as they can't come here because of my daughter's passport issue so I would like to visit them in London.

I did not travel on my own once they stamped my passport so I have no clue. If I were you I would not travel on my own just to avoid any complications unless its an emergency.

[EUsmileWEallsmile]

I would be inclined not to travel until you have an Irish residence card.

[EUsmileWEallsmile]

Strictly speaking, you don't have to have a fixed address in order to apply for a residence card (thought the Irish authorities might like to think differently).

The requirements for a residence card are specified in the directive.

The most important thing is demonstrating that your wife is living in accordance with the directive.

[Directive/2004/38/EC]

I would be inclined not to travel until you have an Irish residence card.

I would agree. Keep things simple.

[adnan01]

I will apply for Residence Card in March within 2 months of my arrival to Ireland.

Do I need to get GNIB card now? or once I get Residence Card then I will need to go to Garda and apply for GNIB card?

Please advice.

[nobodysperfect]

Do I need to get GNIB card now? or once I get Residence Card then I will need to go to Garda and apply for GNIB card?

Please advice.

You will need to apply for the RC first. The GNIB card will be issued once they send you a letter confirming your applications. Just like UK COA.

[treefriend]

I will apply for Residence Card in March within 2 months of my arrival to Ireland.

Do I need to get GNIB card now? or once I get Residence Card then I will need to go to Garda and apply for GNIB card?

Please advice.

Hi Adnan,
Just came across your post and wanted to share my experience. I and my wife moved to Ireland 4 months ago from UK. I hold a UK RC. I got the very good job in IT. In fact this is what brought us here. My wife moved before me. When I entered the Ireland, immigration guy@ dublin airport was very helpful and did not give me any hassle.

We have just made applications for Irish RC this week. In the nutshell, our experience so far has been good.

Ping me if I can be of any assistance.

[mepin]

Hi "treefriend",

I have UK RC as well (valid until 2017). My Stamp 4 is in process (my husband is EU). Did you get a job with your UK RC without any problem or you had your Stamp 4 also?

[adnan01]

Hi everyone,

I'm going through hard time in Ireland and here is my problem;

Above posts are relevant to my case but I would like to explain the background again.

I'm Non EEA family member of EEA national with UK residence card issued under Directive 2004/38/EC and I came/moved to Ireland from UK with my EEA wife ON 19th January 2013. At airport I was forcefully given landing stamp with validity of 2 months that expired on 19th March. I came here as I was offered a job and I'm still working till date.

Because my daughter's passport was expired, we left our daughter in the UK and my wife came along with me for 2 days and then she left. She came back again later along with our daughter as her new passport was done but by that time my stamp was expired, we sorted out accomdation and applied for PPS number on 2nd April 2013.

In Ireland you can't get Sickness/health insurance without PPS number and my plan was to get PPS and obtain sickness Insurance and then apply for Residence Card in Ireland within 3 months of my stay on basis of my wife being self-sufficient.

PPS Authorities has declined my application saying that I need to have valid stamp!! I sent them EU Directive legislations and after reading that they agreed that yes I have a right to stay here but I still need to have stamp and they cant issue PPS number. So they advised me to go to Immigration office (Garda) in Cork and get a stamp. I went to Garda Immigration and they said they CANT give me a stamp and I need to apply Registration Card under EU law. I said Okay I can do that but I need PPS number so that I can obtain health insurance in order to apply Residence Card in Ireland. Immigration said you don't have right to work here neither we can do anything about PPS so go to PPS and ask what they can do.

I phoned PPS authorities and they said NO we can't do anything until you provide valid stamp.

I can't get PPS number which means I can't get health insurance so I can't apply for Residence Card. What is the solution to this problem?

Shall I exit to UK with my valid UK residence Card and come back with my family and get landing stamp again? I'm worried about my job as well now because this situation can have severe consquences and with family its really hard.

Please advice.

Many thanks,

Adnan

[Latintraveller]

Sorry to hear that things are not working out too well.

Did your wife apply for a PPS number (and had one issued) before you? My wife, step-son and I went to the Social Welfare Office with our Marriage Cert and passports and they said that the PPS numbers would be issued within two weeks. A week later my wife received hers and since our son's one was lost in the post (improperly addressed) we got a letter from the Social Welfare Office confirming his number.

Most Social Welfare offices in Ireland are very relaxed and friendly (totally unlike dole offices in the UK). I would try that as your route. Their staff are usually quite reasonable. If you dont have joy, go away and return the next day and speak to someone else.

[adnan01]

Hi,

Thanks for your message..

Well in my case they have not been that nice. It is two specific people who have my application. We applied PPS together, so my wife, myself and our daughter we went together and showed original passports, marriage cert, birth cert, proof of address...They asked me to send doctor letter for my daughter...so we visited GP paid 40 euros for nothing and sent letter confirming our daughter's address. Later they said my stamp in passport is out of date and since then they have not processed our applications...they asked me to go to Garda to get a stamp..I went to Garda and they said I need to apply for Residence Card as the stamp I was given at arrival was landing stamp only. In order to apply Residence Card we need health insurance and for Health Insurance we need PPS..so it is complicated situation. I sent them EU Directive 40 pages and underlined all the relevant sections that confirm my rights as I applied PPS within 3 months of my stay...

But they have said NO, and asked me to get stamp or some sort of proof of my stay...so Im only left with option of leaving with my family and coming back again to get NEW LANDING STAMP...I hope it will work this way..Any suggestions anyone could give me would be great!! Please

Sorry to hear that things are not working out too well.

Did your wife apply for a PPS number (and had one issued) before you? My wife, step-son and I went to the Social Welfare Office with our Marriage Cert and passports and they said that the PPS numbers would be issued within two weeks. A week later my wife received hers and since our son's one was lost in the post (improperly addressed) we got a letter from the Social Welfare Office confirming his number.

Most Social Welfare offices in Ireland are very relaxed and friendly (totally unlike dole offices in the UK). I would try that as your route. Their staff are usually quite reasonable. If you dont have joy, go away and return the next day and speak to someone else.

[IntegratedMigrant]

Hi,

Thanks for your message..

Well in my case they have not been that nice. It is two specific people who have my application. We applied PPS together, so my wife, myself and our daughter we went together and showed original passports, marriage cert, birth cert, proof of address...They asked me to send doctor letter for my daughter...so we visited GP paid 40 euros for nothing and sent letter confirming our daughter's address. Later they said my stamp in passport is out of date and since then they have not processed our applications...they asked me to go to Garda to get a stamp..I went to Garda and they said I need to apply for Residence Card as the stamp I was given at arrival was landing stamp only. In order to apply Residence Card we need health insurance and for Health Insurance we need PPS..so it is complicated situation. I sent them EU Directive 40 pages and underlined all the relevant sections that confirm my rights as I applied PPS within 3 months of my stay...

But they have said NO, and asked me to get stamp or some sort of proof of my stay...so Im only left with option of leaving with my family and coming back again to get NEW LANDING STAMP...I hope it will work this way..Any suggestions anyone could give me would be great!! Please

Sorry to hear that things are not working out too well.

Did your wife apply for a PPS number (and had one issued) before you? My wife, step-son and I went to the Social Welfare Office with our Marriage Cert and passports and they said that the PPS numbers would be issued within two weeks. A week later my wife received hers and since our son's one was lost in the post (improperly addressed) we got a letter from the Social Welfare Office confirming his number.

Most Social Welfare offices in Ireland are very relaxed and friendly (totally unlike dole offices in the UK). I would try that as your route. Their staff are usually quite reasonable. If you dont have joy, go away and return the next day and speak to someone else.

I think you can twist this around using a different idea from a different perspective. Could you get a health insurance (travel insurance) from the UK online. This will be a temporary insurance and it could be used to apply for a residence card?

Option 2: Isnt there a way you can use your UK PPS (National security number) number to obtain a health insurance here in Ireland?

Try these options, you never know what might come out of it

[dalebutt]

OP, you can't use a foreign insurer for your residence card application in Ireland or to make your ppsn application, the option of using a UK NIN is also not viable.

It's so unfortunate though, as my friend with a Belgian residence card just visited Ireland last month with his family, he was a Nigerian to be precise, the experience and process was rather simple for him, he wasn't even stamped nor did he have to fill a landing card. There was no evidence in his passport that he visited Ireland.

What you can do however is to travel back to the UK and re-enter with your family, but it is also not guaranteed as you might not get stamped this time around and what will then be the proof to show to the pps?

It might be worth trying.

[adnan01]

Thanks for your post.

I will check whether I can use this as an option. But if I exit and come back will they not let me in? If I enter with my family again? Was okay when I came first time. I just want it done quickly so that I get PPS done and then prepare for residence card properly. I will look at health insurance option from UK...thanks...any more suggestions pls let me know

[adnan01]

Yes I wil try to re-enter and if they don't give me any stamp at airport i will ask to have one at airport...otherwise i will ask them what can I do to show my residence to apply PPS...if things still doesn't work I will have to try different pps office who understand eu law better...it's madness..

[dalebutt]

It will also be worth keeping your outward and inward tickets as proof to show to the pps office in case you didn't get stamped on entry , it can help your argument with the office, in that you can tell them you are awarded the same rights as your wife and children, and that is why you have not been stamped on entry as you can decided to stay in Ireland for as long as you desire.