Self employment for non EU spouse?

[arachnid]

My wife and I have been living in Ireland for nearly 3 years now. We're both from New Zealand, and I have a work permit. My wife is here as my spouse. Because I got my first work permit before 1 June 2009, she's entitled to a spousal work visa, without any restricted categories or employment check.

My wife would like to take a job as a child carer for a family. Since most families aren't incorporated companies, to the best of my knowledge that would make her self-employed. I haven't been able to find any provision for self-employment under spousal work permits, though, and despite her being entitled to work in any position, she's still obliged to apply for a permit before she can work. Does anyone know if there's any provision for self-employment?

One option would seem to be for her to form an incorporated company and employ herself. However, there's two potential problems here: first, that as non-EU citizens, I'm not sure if we can incorporate a company; secondly that the spousal work permit regulations appear to specifically exclude employment for the purpose of sub-contracting, which I presume this would be considered to be.

[xxxtieee]

As one one has replied here is my 2 cents.

Stamp 3 for spouses specifically state that, the holder is not allowed to start Business without express special permission from the minister. This pretty much rules out incorporating a company for business.

that's all i can think of.

[walrusgumble]

My wife and I have been living in Ireland for nearly 3 years now. We're both from New Zealand, and I have a work permit. My wife is here as my spouse. Because I got my first work permit before 1 June 2009, she's entitled to a spousal work visa, without any restricted categories or employment check.

My wife would like to take a job as a child carer for a family. Since most families aren't incorporated companies, to the best of my knowledge that would make her self-employed. I haven't been able to find any provision for self-employment under spousal work permits, though, and despite her being entitled to work in any position, she's still obliged to apply for a permit before she can work. Does anyone know if there's any provision for self-employment?

One option would seem to be for her to form an incorporated company and employ herself. However, there's two potential problems here: first, that as non-EU citizens, I'm not sure if we can incorporate a company; secondly that the spousal work permit regulations appear to specifically exclude employment for the purpose of sub-contracting, which I presume this would be considered to be.

A person who runs an incorporated company (limited by private shares) can have many different hats on. One hat as a shareholder - member, another separate hat as a director and another separate hat as an PAYE employee!!

Yes, normally business people are deemed self employed and are assessed for tax purposes under Schedule D as oppose to a PAYE employee under schedule e. There are many tax benefits though.

Case law (first one was a new zealand case amf) reconcongises that a director or shareholder can be an employee of a company and enjoy employment rights


With regard to the facts, wouldn't she be working for the family and thus be an employee? Would the family have full control over what she does? Would she be able to work for someone else?




A for self employment, you better take a seat. Check out INIS website and check out "Business Permit" Section, and again, please be seated when you read it. the work permit is based primarily on contract of employment as oppose to self employed.