EU Treaty Rights in Ireland - what counts as 'work'

[Delaine]

Hi all,

Posted on here good few months back re. travelling to Ireland with my spouse, I am a UK citizen and will be exercising treaty rights. Want to bring my hubby back to UK when I eventually come back here (would have to be really terrible in Ireland for me to even want to come back here tho) but have just read somewhere on UKBA website that in order to have exercised treaty rights in another state, I must have been doing 'genuine and effective work'. Which sounds to me as if, they are deciding what type of work is 'acceptable' for an EU permit application e - but, they arent saying what that work is.

Does anyone know what on earth 'genuine and effective work' is? I thought work was work, surely? Or I guess another way of putting it would be, what DOESNT count as 'genuine and effective work?'.

Thanks,
Delaine

[Monifé]

I would perceive that as working more than 15 hours a week and paying taxes. Other than that I can't see how work would not be genuine.

Also note, that your spouse cannot work in Ireland while you are here because of ridiculous, unlawful policy change made by the Irish Department of Justice.

Hopefully this will change soon as the EU commission have been notified and there is a case to come before the High Court soon regarding same.

[Delaine]

I would perceive that as working more than 15 hours a week and paying taxes. Other than that I can't see how work would not be genuine. Also note, that your spouse cannot work in Ireland while you are here because of ridiculous, unlawful policy change made by the Irish Department of Justice. Hopefully this will change soon as the EU commission have been notified and there is a case to come before the High Court soon regarding same.

Thanks, that does sound very logical when you put it that way! Yes I heard that since June 2010 only Stamp 3 permit will be issued prohibiting him from working, which is a real worry. Is he allowed to study, do you know? As opposed to sitting around for several months. Although I see there are also a lot of prohibited employment fields..

Seems Ireland is amongst those countries/governments who want to be a part of the EU but dont want to comply with EU law; they want it both ways. I hope the High Court case is won, it will teach them a lesson. They are either 'in' or 'out' no two ways about it.

[Monifé]

Yeah you have hit the nail on the head with that perception of Ireland.

The case will be won if it goes all the way to the end and will hopefully set a precedence, although I can see them settling out of court. The firm that is bringing them to court recently won a case against them for going over the 6 month rule for processing an application.

No employment field is prohibited once your spouse has his residence card. No employment field should be prohibited now either but Ireland decided to introduce this policy change, in breach of the directive.

As to whether your spouse can study I am not too sure.

The following is from the Irish Immigration website.

Can I enter employment while my application is pending?

A No. From 1 June 2010 you may be issued with a Stamp 3 endorsement while your application is pending. Stamp 3 allows the holder permission to remain in the State for the specified period on condition that the holder does not enter employment, does not engage in business or profession and does not remain later than the specified date.

Source: http://www.inis.gov.ie/en/INIS/Pages/EU ... employment

[Delaine]

Yeah you have hit the nail on the head with that perception of Ireland. The case will be won if it goes all the way to the end and will hopefully set a precedence, although I can see them settling out of court. The firm that is bringing them to court recently won a case against them for going over the 6 month rule for processing an application. No employment field is prohibited once your spouse has his residence card. No employment field should be prohibited now either but Ireland decided to introduce this policy change, in breach of the directive.
As to whether your spouse can study I am not too sure. The following is from the Irish Immigration website.

Can I enter employment while my application is pending? A No. From 1 June 2010 you may be issued with a Stamp 3 endorsement while your application is pending. Stamp 3 allows the holder permission to remain in the State for the specified period on condition that the holder does not enter employment, does not engage in business or profession and does not remain later than the specified date.

Source: http://www.inis.gov.ie/en/INIS/Pages/EU ... employment

I had a look at that link thanks. Well we will be in Ireland late this year so I hope that issue is resolved before then. Ive see somewhere on here that Ireland can be quite slow at dealing with EU1 applications - didnt know there had been a case regarding them going over 6 month rule. Has that speeded things up at all?

Sorry for all the questions (they keep popping into my head!) but also I wanted to know when sending passport to Treaty Rights Section, if its possible to put in note requesting speedy return of my passport - I wouldnt want to have to sit around for months unable to travel, due to them holding on to it. Any advice?

Advice much appreciated, thanks.