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Permission is not required to exercise a right which already exists. But I know what you mean.Directive/2004/38/EC wrote:Once you have submitted your application, you can also get permission to start working (if you want) while the Residence Card application is being slowly considered.
He can work overseas, but he must reside in Ireland in order for you to have the right to reside in Ireland. In this case, he would be considered self-sufficient.linus65 wrote:Hi benifa,
Thanks again for your prompt reply.
In other words, as long as my husband is working overseas we cannot reside in Ireland?
You're right. I was simplifying things. Your rights are equal to Irish citizens within the scope of the Treaty:linus65 wrote:I'm not sure that's quite accurate. Citizens rights are more extensive than resident's rights.benifa wrote:While resident, you each have the same rights as an Irish citizen.
Directive 2004/38/EC, Article 24 wrote:Equal treatment
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy equal treatment with the nationals of that Member State within the scope of the
Treaty. The benefit of this right shall be extended to family members who are not nationals of a
Member State and who have the right of residence or permanent residence.
in what shape/way/form should 'self sufficient' evidence be provided? bank statement? Employer's details?He can work overseas, but he must reside in Ireland in order for you to have the right to reside in Ireland. In this case, he would be considered self-sufficient
In what way are you confused?Directive/2004/38/EC wrote:I think there is some confusing language being used in some of these postings.
Unless your husband is constantly flying back and forth and entertaining a household in Ireland, which would be rather expensive, he would not be considered resident in Ireland, thus not exercising any treaty rights he could pass on to you. If, on the other hand, he lived in Ireland and worked for a company overseas over the internet, the situation would be entirely different.linus65 wrote:In other words, as long as my husband is working overseas we cannot reside in Ireland?
What do you mean when you say “start all overâ€linus65 wrote:In our case, we will have to start all over again seen we are no longer in the State. Also, my husband is working in Dubai I suspect that's not considered as him 'practicing' his 'treaty rights'.
I had understood that you were both in Dubai. But you say that he is commuting now???linus65 wrote:He'll be commuting, I'm afraid. Just as he's been doing now.