How long can I be away from Ireland

[Myself_andI]

Hi guys,

I am EU living in Ireland and my wife has Stamp 4. We are both working here. There is a possibility for me to go to Germany for work.The company will be the same but I will get paid from Germany and be taxed there

Can my wife stay here and continue working or since I am not in the State, the visa is gone.

Thank you

[littlerr]

How did your wife obtain her residence permission? Is it based on you or based on her own job? Does you wife have Stamp 4 or Stamp 4EUFAM?

If she obtained her residence permission through you, and she hasn’t obtained EU3 (permanent residence), she cannot live here on her own.

[Myself_andI]

it is through me.

What is EU3? Can we apply for that?

[littlerr]

As I said, EU3 is permanent residence. She can apply for EU3 once both you and she live in Ireland for 5 years.

[Myself_andI]

oh ok yeah.

On more think. If I work abroad and get paid and taxed in Ireland, will she then be able to stay in the country while i work elsewhere?

[littlerr]

No. You would have to be physically living in Ireland. The whole idea of EU Treaty Rights for non-EU citizens is that a non-EU partner/dependent can live *with* an EU citizen in another EU host country.

Also if you live in Germany, your ultimate tax responsibility is with the German authorities, not with the Irish ones. You will need to pay Irish income taxes but also need to file your tax details annually with the German authorities. That alone will give sufficient information to both Irish and German authorities so that they know you are no longer exercising your EU Treaty Rights.

[avta]

If She is already working, She could check with the employer HR and apply for a work permit application.
When She will get it back in 3-6 months later She could cancel/renounce stamp 4 and get a new stamp 1 based on Her own. This is not an easy task as there is no official patch from stamp 4 to stamp 1.
Normally it should be true the state re-entrance but in this covid situation, they could probably give an excuse...

[Myself_andI]

No. You would have to be physically living in Ireland. The whole idea of EU Treaty Rights for non-EU citizens is that a non-EU partner/dependent can live *with* an EU citizen in another EU host country.

Also if you live in Germany, your ultimate tax responsibility is with the German authorities, not with the Irish ones. You will need to pay Irish income taxes but also need to file your tax details annually with the German authorities. That alone will give sufficient information to both Irish and German authorities so that they know you are no longer exercising your EU Treaty Rights.

Germany is just an Example. I can say Holland because many from my company work there and are being paid and taxed in Ireland. So, that itself cover the tax responsibility

[Myself_andI]

If She is already working, She could check with the employer HR and apply for a work permit application.
When She will get it back in 3-6 months later She could cancel/renounce stamp 4 and get a new stamp 1 based on Her own. This is not an easy task as there is no official patch from stamp 4 to stamp 1.
Normally it should be true the state re-entrance but in this covid situation, they could probably give an excuse...

Thank you! Maybe we will try this out

[littlerr]

Whenever you live, as long as you are defined as a frontier worker (working in one EU country but living in another), you will have to inform both countries authorities, so it just won’t work this way (unless you want to get into the whole tax avoidance area which may get both of you into even bigger issues).

The best way for your wife to continue working in Ireland, as avta said, is to get herself an employment permit. Take a look at the DBEI website and check whether her job is eligible for any permit, and take it from there.