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Silvina wrote:I have read a THOUSAND opinions and I have spoken with, at least, ten different Garda officers. It seems to be two different stories about this hole EU1 and Stamp 4 issue.
I am italian, my husband is Argentinian, we have lived in Barcelona for four years, he has his residence card and all kind of papers thta justify this four years, and so do I.
It used to be like that, but not anymore. These days you will have to apply for residency using the EU1 form, and, according to posts in this forum, it takes about 6 to 9 months to be issued a residence card.Silvina wrote:I have spoken with the Garda in Dublin and they said that with our matrimony certificate, both our passports and little more he would get a stapm 4 (in about 2 weeks) and that with that was enough to live and work there for a year.
According to a response I received from the EU Signpost Service, while your husband needs to apply for the residence card, it cannot be made a precondition to actually have it before he can work. In other words, it should be sufficient that he prove he has applied for the residence card, and provide all other documents showing he is the spouse of a EU citizen who has exercised their right to move to another EU country and has work or is self-employed. That means, once you have a job, your husband should be eligible to work. Now try to convince an employer of such a complicated thing… I want to do that with my wife (she is Argentinian as well) but we will probably not start looking into it before about January.Silvina wrote:Can someone shed some light in this matter? Has anyone been through this procedure in the last year? I am Italian and I have exercised my EU rights and so has he, I can not understand that he has to wait 6 months to work!!!!!!
Is it "cannot wait" or "won't wait?"Silvina wrote:HI JAJ, He has already looked into thta, but it will take anothre 18 months to be granted, and we can not wait for it.
Actually, my wife got a PPS number without having any stamp at all. The revenue office only check for valid ID and proof of address. Kind of logical, thinking that both spouses need a PPS number for correct tax assessment even though only one may be working. And you are correct in saying that the most important thing to have in order to work is a PPS number, and the rest might not even be checked thoroughly by an employer, at least not by the small ones.Silvina wrote:I been also checking that the documentation than the employer needs in order to work is the PPS number. This can be obtained with stamp 3 Is it correct?
Actually, no. If you read the Directive 2004/38/EC, it states that a residence card has to be issued within 6 months from application date. What probably is illegal is that they require you to have the residence card before you can take a job.Silvina wrote:This six months waiting is against EU rules,
Actually, no. Directive 2004/38/EC states that your husband is entitled to reside and work as soon as you, the EU spouse, have work.Silvina wrote:my husband has already lived as a EU national spouse and is entitled to work from the moment he arrives.