Working in Ireland with UK RC

[LunarGirl]

I'm Irish and live in Northern Ireland with my American husband. He has a five year UK EEA2 Residence Card. He hasn't been able to find work in NI yet. There are many jobs that he has seen that he could get in Southern Ireland. Here's the dilemma, I cannot leave NI and live in the South because of family commitments, he's thinking of moving to live there and working during the week and live with me at the weekend. Is this even possible, I've said that no one will employ him without a Stamp 4, could he get this if his Irish spouse lives in NI? Does him having the UK RC allow him to be a cross border worker?

[chaoclive]

Hi. I don't think that this would work. At present, he only has a valid EU visa based on your status. If you're in NI and he is in ROI I'd expect the powers that be to say that he doesn't have the right to be there because you're not with him. At present, I think all of his rights (including the one to work) are based on you being with him and I'd doubt that he would be able to work anywhere. His residence card is only valid for the UK.

Re: EU1/Stamp 4 (and GNIB card): It is often hard for people who actually fulfil the requirements to get it at the best of times.

Sorry to be the bearer of bad news...

Take care
CC

[bluer32]

Thanks for the great information, Clive. I wonder though about assuming the status of cross-border worker. I know of people who reside in NI and commute daily to a job in the south and vv. Would not any legal resident of either side have the right to work across the common-travel-area border?

[Elizabeth06]

You definitely need to put through an application in Ireland for authorisation to work in the Republic, a UK residence card won't suffice. It's black and white in this respect - a UK RC allows you to live and work in the UK/NI, and an Irish RC allows you to live and work in the Republic of Ireland. You can't then cross the border and work on your own as a non-EU spouse who only resides in the initial country on the basis of the presence of their spouse residing there exercising treaty rights.

Irish citizens can cross the border and work in Northern Ireland. Northern Irish citizens can cross the border and work in the Republic. Non-EU spouses of either cannot do the same, unless they actually move to reside there with their Irish/NI spouse, and apply for the relevant residence card.

Lunargirl, since you're Irish yourself, why not contact INIS and ask is there any permission that your husband could possibly apply for to come to Ireland to work, though without you moving to the Republic to live, I'm not sure that anything exists, however I can't be 100% on this either.

If he found a job in the Republic, he may be able to get sponsored in his own right by the company, or could he apply for some category of employment permit in his own right as the spouse of an Irish citizen residing in Northern Ireland?

He would definitely need a permission though, his UK RC gives him no rights to work in the Republic, but it's worth contacting them to find out if something exists that might help your situation.