Working within the EU with EU FAM4

[newbieholland]

Welcome to Ireland. I am sure Guinness tastes different there...

You should eventually complain to the EC about the section in bold. Since nobody bothers to complain, nothing ever gets changed.

http://eumovement.wordpress.com/eu-coun ... o-ireland/ is my collection of information about Ireland. One of the links is http://www.djei.ie/labour/workpermits/marriedtoeu.htm

Thanks Directive,

Ireland is great and so far we are enjoying every bits of it. Happy to be back to the English speaking world.

Complaining to EC will be a must however it does not solve my problems immediately. How can I practise my rights straight away. I can start working from tomorrow however I am just concerned about any consequences. Do you think/know that I could be in trouble if I start working and use my job contract and salary slips to apply for EU FAM 1 to show my spouse self sufficient.

[Directive/2004/38/EC]

I can start working from tomorrow however I am just concerned about any consequences. Do you think/know that I could be in trouble if I start working and use my job contract and salary slips to apply for EU FAM 1 to show my spouse self sufficient.

This is possible. But what about the link I just sent you?

[newbieholland]

This is possible. But what about the link I just sent you?

The DJEI site says one can apply for a workpermit however the first time employment permit will ask for exhaustive list of documents and formalities. Even if I don`t pay the processing time will be too long.

Changes to work permit arrangements for those who are applying for a work permit for the first time on or after 1 June 2009 mean their spouse, civil partner and dependants must apply for work permits in their own right. Spousal/dependant work permits are not available to spouses, civil partners and dependants of holders of new work permits applied for since 1 June 2009. Applying for a work permit in their own right means:

A labour market needs test will be required when applying for a work permit for a spouse, civil partner or dependant. This means the vacancy must be advertised with FÃ

[Directive/2004/38/EC]

Please provide links when you quote things. If they require all that, then they are way out of line.

If your spouse can work in Ireland in the first 90 days, then so can you!

Please immediately contact Solvit http://eumovement.wordpress.com/help-eu-solvit/ They work slowly but may be of help.

[newbieholland]

Please provide links when you quote things. If they require all that, then they are way out of line.

If your spouse can work in Ireland in the first 90 days, then so can you!

Please immediately contact Solvit http://eumovement.wordpress.com/help-eu-solvit/ They work slowly but may be of help.

The link you have sent me says the following-

The current policy in relation to new first time employment permits will apply, however the fee will be waived in these cases. If the non-EEA national is resident in the State, their immigration status must allow them to enter employment.
http://www.djei.ie/labour/workpermits/marriedtoeu.htm

So the Bold text was the normal rules to apply for a work permit in Ireland. The Citizen Information site in Ireland mentions that you have a right to work if you have the temp EU FAM sticker.
http://www.citizensinformation.ie/en/em ... rmits.html

However I cant find a source which clarifies that you have the right to work for first 90 days without the administrative formalities.
I had a very bad experience with SOLVIT in the past but still have to give it a shot. My only question to you and the experienced people on this forum is if I start working before applying for the EU FAM and then use my job contract to prove the self sufficiency, would I be classified as an illegal worker? Would that affect my rights to be in Ireland?

[Directive/2004/38/EC]

An older version of the web page tells a very different story which is far more in line with EU law.

http://web.archive.org/web/200707130720 ... edtoeu.htm
[quote]Employment Permits for non-EEA nationals married to EU nationals

Non-EEA nationals married to EU nationals who are residing in Ireland are required to register their marriage with the Department of Justice, Equality and Law Reform in order to seek residency in the State on that basis. On receipt of a “Stamp 4â€

[newbieholland]

Push hard. Say you wish to speak with a senior manager. Get names. Be very clear that you will complain to the European Comission they do not very quickly facilitate a work permit for you.

Thanks Directive,

I would call them tomorrow as they work until 12:30 only.

But why would a non EU spouse have to apply for a work permit when it is their right to work freely? I visited the CIB here and they say I have no right what so ever. Feels like I will have to go through the circus once again.

[Directive/2004/38/EC]

But why would a non EU spouse have to apply for a work permit when it is their right to work freely? I visited the CIB here and they say I have no right what so ever. Feels like I will have to go through the circus once again.

Well it is a bit weird. You do have the right to work, but lets say you have an Iraqi passport - How do you prove that you have the right to work to some random employer? The Irish answer is to get a fast tracked Employment Permit even though they are not actually giving you permission.

Have you contacted Solvit yet?

[newbieholland]

But why would a non EU spouse have to apply for a work permit when it is their right to work freely? I visited the CIB here and they say I have no right what so ever. Feels like I will have to go through the circus once again.

Well it is a bit weird. You do have the right to work, but lets say you have an Iraqi passport - How do you prove that you have the right to work to some random employer? The Irish answer is to get a fast tracked Employment Permit even though they are not actually giving you permission.

Have you contacted Solvit yet?

I have sent an email to the UK SOlvit. Also would like to mention that the employer is not bothered about the permit as they know I have the right to work. I am just confused if I should start or wait.

[newbieholland]

I also see that they have changed the policy for the workpermit for non EU family of EU back in 2009.

[Directive/2004/38/EC]

Ok, I just talked with a DJEI policy adviser.

Apparently they have changed the policy because Residence Cards (4EUFam) are being issued so quickly now that they no longer need to make special provisions for family members of EU citizens.

Technically speaking you do have a right to work from the moment you arrive on Irish soil, and this still does not address that.

Are you in a position to apply for a Residence Card as a self-sufficient EU citizen with family?

[newbieholland]

Are you in a position to apply for a Residence Card as a self-sufficient EU citizen with family?

Regarding the EU FAM being issued quickly- I have seen so many people complaining about waiting for more than 6 months.

Well I am not sure how much money I would need to show for self sufficiency. I definately don`t have much in my savings. Would you know how much money do we need to show as a couple?

I hope to get something positive from SOLVIT atleast this time.

[Directive/2004/38/EC]

See http://www.immigrationboards.com/viewtopic.php?t=86597

[newbieholland]

See http://www.immigrationboards.com/viewtopic.php?t=86597

It seems like I am not the only one who is suffering. Is there no complaints department within the Immigration Dept where one can make complaints about any injustice? Holland has one and they do solve your issues quickly if you complaint.

[dania]