UK Residence card, can I work in Ireland?

[EUsmileWEallsmile]

No, they are not aware that my job is at risk. You're right, Maybe i should ask them for certificate of application to be issued immediately as per directive and maybe let them know about circumstances. What do you think?

I've asked them to confirm "am I entitled to work"....lets see what would be the reply but my next email would be about circumstances. They don't have phone service for Eu treaty section so email is only way to contact.

I need this to be sorted within next few days and I wish I could sue this guy in welfare office because not only he didn't finalise my PPS application, he kept saying "YOU ARE WORKING ILLEGALLY" and he also reported my company stating "he doesn't have stamp 4 so he can't work"....how can I take action against this guy? He even questioned my marriage which is not his job...we are married and have a 4 years old daughter..he messed up our time here...:(

I would certainly make INIS aware that your job is at risk.

I am not sure how you would complain against the operative at the welfare office. I'm also not sure how it would advance your case. Perhaps you could ask for a complaints procedure.

I would be inclined to focus on receipt of your residence documentation.

[adnan01]

Thanks for your reply.

I agree with you that I should focus on resolving residency issue.

I am going to send them an email asking for certificate of registration and I will mention that my job is at risk. The reason I've been reluctant is due to the fact that I hear from all the authorities that I can't work until get stamp4. I won't be surprised if they reply stating you can't work. Let's see

[adnan01]

Hi all,

Got email reply from INIS and it says:

Dear Adnan,

If you do not already have a work permit of a visa that allows you to workin Ireland you will not be eligible to legally work until you are granted your EUTR permission.

Please be advised that applications take six monthsto be approved but if you have submitted all the relevant documentation wewill grant you a temporary stamp 4 permission which will allow you to workfor the six months while we are dealing with your application. We are currently experiencing high volumes of new applications which areresulting in a 5-6 week processing time. We will contact you in writingwhen your application has been processed.

Best regards,
___________________

ISN'T IT AGAINST EU DIRECTIVE 2004/38/EC?????

I have sent another email asking for letter to be issued ASAP..lets see what reply I will get....

[adnan01]

Here comes the second reply asking for Cetificate of application to be sent immediately...

Dear Adnan,

All applications are dealt with on a strictly chronological basis. It is advisable that people who are applying for EU Treaty Rights submit their application six months before their current permission is out of date sothere is no gap in their permission. It is up to the applicant to ensure that they keep their permission up to date.

However, if you want to submit an original letter from your employerstating that you will lose your job we will take this into account.

Best regards,

-----------------------------------------

My company has not given me any indication that I will lose my job but they have suspended me...Maybe I can ask my company to officially confirm my suspension and forward that letter to EU treatyu rights INIS....or better wait for letter??....Any thoughts?

[nobodysperfect]

There is either an ECJ or Tribunal ruling against an employer in the uk who dismissed the non eu family member due to not providing their residence permit. If it is an ECJ that might help you. I will try to find the link for you when I am on a computer but meanwhile do a bit of research.

[Latintraveller]

Sorry to hear of your circumstances adnan01.

I have been following your story since December. I would not know what to do in your shoes except what you have already done such as contacting SOLVIT etc. Another avenue you could consider though is to obtain legal advise from specialist immigration solicitors. Maybe a Solicitors letter clearly stating your rights and the actions you may be forced to take could help.

All the best.

[EUsmileWEallsmile]

Here comes the second reply asking for Cetificate of application to be sent immediately...

Dear Adnan,

All applications are dealt with on a strictly chronological basis. It is advisable that people who are applying for EU Treaty Rights submit their application six months before their current permission is out of date sothere is no gap in their permission. It is up to the applicant to ensure that they keep their permission up to date.

However, if you want to submit an original letter from your employerstating that you will lose your job we will take this into account.

Best regards,

-----------------------------------------

My company has not given me any indication that I will lose my job but they have suspended me...Maybe I can ask my company to officially confirm my suspension and forward that letter to EU treatyu rights INIS....or better wait for letter??....Any thoughts?

Yes, I would inform INIS of your work situation, in writing if necessary.

[Latintraveller]

Any reply yet from Dublin? My wife received her Stamp 4 last week. Yours shouldnt be too far away.

[New App]

I have just read this post and noticed you received A LOT of wrong info. Firstly the person called NOBODYSPERFECT.

He/She said ..... " If you do not apply for the residence card within the 90 days you will still have the rights to work and live in Ireland however your employer would want you to get a document to confirm your rights."

TOTALY FALSE.

If you do not apply for the GNIB Card (residence card) and your 90 day permission expires you are illegal in Ireland so therefore how can an illegal person still have rights to work in Ireland?

If you hold a residence card issued to you on the basis of being the family member of an EU citizen, it simply allows you permission to travel to Ireland on a visit without needing a visa. While in Ireland you are classed as a visitor/tourist and you have a 90 day permission as a visitor or tourist.

If you want to live/work in Ireland this is different as you must apply to the authorities (EU rights section) for permission to live and work in Ireland.
EVERY non EU citizen needs permission to work (either with a work permit or a stamp that doesn't need a work permit) in Ireland and this permission is only issued by the Irish government or police this can be a stamp 4, stamp 2 or a stamp 1(with a work permit). A residence card issued by another country does not give you the right to work in Ireland. You must seek permission to live and work in Ireland and this is why you must apply for EU Treaty Rights

Sadly you expected to start working because you where given wrong info from a person who clearly doesn't know the situation.

[dalebutt]

Newapp I beg to differ, your understanding is not quite correct, a spouse of an EU citizen (family member) does not need to obtain permission to live and work in Ireland, they automatically acquired that right, what they do is apply to the treaty right section of the INIS for confirmation of that right, that is why unlike other applicants, they receive a temporary stamp4 to facilitate their activities pending a decision on their application, I do not know of any other application who enjoy similar rights.?The temporary stamp proves these people have a right to enjoy the legal benefit of living in Ireland without delay and that right is not being granted, it has been already acquired.

[EUsmileWEallsmile]

I tend to agree with the last contributor. Rights are automatic as specified in the directive.

One more point is that Ireland does insist that non-EU national family members of EU nationals must apply for a residence card within three months. This is permitted under the directive. Failure to comply, can lead to a fine, but it does not interfere with the rights of residence granted, which are automatic.