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Developments with work permits

Forum to discuss all things Blarney | Ireland immigration

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aurbo
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Developments with work permits

Post by aurbo » Tue Sep 04, 2007 7:32 pm

I was curious if anyone was aware of the latest developments for work permits for EU1 pending non EU spouses. At the end of July the DETE posted on its website that the policy was under review for this type of permit and wouldn't be excepting applications.
I applied anyway and got my rejection letter today. And I'm not exactly sure about their reasoning...i just checked on the website and the notice is no longer there! I was wondering what to do next. I was also wondering if I should have marked the box Employment permit, or spousal? I marked spousal as I was informed when I called the DETE to mark spousal...in the rejection letter it says spousal permits are only for those who are dependent on someone who has a work permit! but it is obvious from my app, and cover letter that I am non EU married to a legally working EU citizen.
Not sure what to do or who to believe. Any suggestions? Updates?
My employer is willing to go the normal employment permit route but i don't want to pay the fee etc if the policy has once again changed?...although I dont believe it has...
any advice knowledge would be greatly appreciated!

archigabe
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Post by archigabe » Tue Sep 04, 2007 10:03 pm

Do you have a spouse visa on your passport?

I can suggest you complain to,

1.Mr. Michal Meduna (michal.meduna@ec.europa.eu) Michal Meduna (Citizenship and Fundamental Rights, DG Justice, Freedom and Security, European Commission) who is working within the Justice and Home Affairs section of the European Commission and is currently investigating alleged breaches of EU law in the granting of residence cards by the Department of Justice in Ireland.

2. SOLVIT: Solvit is the organization tasked with co-ordinating between the Irish government and the European Commission on application of E.U directives in Ireland.

http://www.entemp.ie/trade/marketaccess ... solvit.htm

The staff for SOLVIT also happen to work within DETE so it might make sense to complain to them to find out what is actually going on.

Michael Clarke
Assistant Principal Officer/Manager
Internal Market Section//Irish SOLVIT Centre
Market Access Unit
Department of Enterprise, Trade and Employment
Earlsfort Centre
Lower Hatch Street
Dublin 2
tel. + 353 (0)1 631 2528
fax. + 353 (0)1 631 2562

3. EuroJUS: EuroJus is the legal representation for the European Commission in Ireland.
http://ec.europa.eu/ireland/general_inf ... dex_en.htm

Ms.Siobhan Duffy
European Commission Representation, 18 Dawson Street, Dublin 2.
E-Mail: siobhan.duffy@ec.europa.eu
Telephone: 01 634 1111
Fax: 01 634 1112

aurbo
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Post by aurbo » Wed Sep 05, 2007 7:44 am

I don't have a spouse visa. I am American, married to Italian. He's here for work. In June I applied for the EU1 residency permit. I was informed that spouses like myself (non EU, pending application) were given special priority for work permits, no fees, no salary requirements, no required job postings etc, I was offered a job in mid july in the media industry to start in late August, but applied late for the permit ( late August) as my employer didnt have time, vacations etc to find the paper work...About a day before I turned it in I saw that they were no longer excepting applications from eU1 pending spouses on the DETE notices!...I turned it in anyway and got a rejection 2 days ago...now the notice is off the DETE website so i am wondering if they are accepting them again, and if so why did they reject my app?

My stamps have always been in up to date, that is I have been in and out of Ireland a few times this year and continue to get a three month stamp when I return...any ideas?

archigabe
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Post by archigabe » Wed Sep 05, 2007 10:48 am

This was the old page where they write about accepting Work permit applications.

http://www.entemp.ie/labour/workpermits/marriedtoeu.htm

This is the later version of the page.

http://www.entemp.ie/labour/workpermits ... oeunew.htm

So it does seem they seem to have stopped accepting applications unless your spouse is a work permit holder from a third country...which is a ridiculous idea that 3rd country nationals have a better status than E.U citizens here. The only reason I can think of that they unofficially want all E.U citizens to go back to their country so they are making life impossible here.

Talk to people from SOLVIT.They will have the best idea of wha't going on since they also work for DETE.

archigabe
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Post by archigabe » Thu Sep 06, 2007 10:27 pm

Aurbo, did you have a stamp3 in your passport, a GNIB registration number+GNIB card,certified copies of your qualifications the work permit form requires when you submitted the application? Also,try to get a letter from your local T.D, and maybe using a solicitor when applying might help as well.

aurbo
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Post by aurbo » Sat Sep 08, 2007 10:53 am

No I don't have a stamp three, I just have the three month stamp I got when I came back into Ireland in July. Yes, I have a gNIB number , as I think I needed to include that on the EU1 residency application. I don't have a GNIB card however, and was under the belief that I cant get one until I get approved for residency. That is the card you pay 100 euro for right? I am sure I asked about it on several occasions at the DOJ and they said that I cant get one until i get a response from the eU1. I didn't include any credentials in the application, I just included what they asked for in the application: marriage certificate, comp registration letter, company p30, passport stuff, photos...

The company wants me , they just dont know what to do next..I called DETE on thursday to ask what too do next...they said they DIDN'T KNOW!! The woman I spoke with said she would call me back on friday and tell me..she did call me back and said basically that she still DIDNT KNOW!! I would put an emoticon here but there really isnt one that sums what I need to express...like exploding...yes we need to include some exploding emoticons to be used on this forum! :-)

archigabe
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Post by archigabe » Sat Sep 08, 2007 11:40 am

The first thing you need to do is apply for a stamp3 at GNIB. You also get a GNIB card along with the stamp3. Tell the guy at the counter that you are a spouse of an E.U citizen and you are eligible for a 1 year stamp3. For details on various stamps see here...
http://www.mrci.ie/know_rights/legalsta ... idency.htm

GNIB also requires that you bring a letter from your spouse's employer stating salary amount, and how long he's been working for the company, and proof of health insurance, so make sure you take that as well.

IT's basically a game of chance, if the guy is a jerk/ignorant, try to go another day and hopefully you can see someone else who knows that you are eligible for one.

Reapply for the spouse work permit, then include copies of your GNIB card, stamp3,letter from your spouse's company giving his salary and period of employment,copy of spouse's passport, certified copies (by a solicitor) of your qualifications,letter from your firm stating that they are sponsoring you, maybe even a letter from your local T.D supporting your application.
Try to get your firm's solicitor submit the application on your behalf.The government doesnt seem to bother with applications unless a solicitor or a T.D is involved...seems like that's the Irish way of doing things.

aurbo
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Post by aurbo » Sat Sep 08, 2007 12:43 pm

Thank you for the information! But a few stupid questions:
What is a TD?
do I have to pay 100 for the card?
And also a Stamp 3 says I am NOT entitled to work so why should I get that? It seems a bit confusing...

archigabe
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Post by archigabe » Sat Sep 08, 2007 1:13 pm

A TD is the Irish equivalent of the British Member of Parliament or the American Congressman.
A stamp 3 will allow you to apply for a work permit as it shows you have some legal status to be Ireland.
The GNIB card+Stamp3 is free for E.U spouses.

efrenirvana
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Post by efrenirvana » Mon Sep 10, 2007 11:35 am

Olvdiej

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