working while waiting for eufam

[chebas]

Hi guys, issue is like this. My brother in law got the typical acknowledgement from the eutreaty rights applciation that it will take approx 6 months to review and respond to the application.
Before he had gotten a negative result because of not enough information. Now he's sent in all the proper documentation and he's gotten the letter back.

he's really worried because next week his student visa expires and he's going to lose he's part time job as he will not longer be allowed to work.

He is married to an EU citizen.

Can he get a temporary work/stamp4 type thing from the gnib?

or is he stuck jobless until paperwork comes through?

tks a million.

Chebas.

[Monifé]

As long as your brother is the spouse of an EU citizen, he is entitled to live and work in Ireland, no matter what a piece of paper says. I know this is difficult to explain to an employer but he should print out the directive 2004/38/EC and highlight the relevant parts of it that show his entitlement to work and that a residence document (although preferred) is not needed and also show his employer his marriage certificate and spouses passport.

Has he applied and his application is in process or was he refused a second time?

If he has just re-applied, he has to wait for the acknowledgment letter. If he has submitted all the necessary documentation, there will be instructions with that letter on how to obtain a 6 month temporary stamp 4 at GNIB. He cannot get a temporary stamp until he receives this letter.

The only other thing he could try and do is extend his student visa. Although I am not familiar with this procedure.

[chebas]

thank you very much, he did not get a refusal he got asked for more information the first time and then just received the acknowledgement and this letter said to wait for 6 months and not to contact before the 6 months are up.

The letter does not say anything about temporary arrangements unfortunately.

However he will go to the gnib tomorrow and try to get his temporary card. He'll bring his wife + marriage certificate + all other docs that have been involved in the case.

I will make sure he gets the directive printed out. His employer is actually quite good and flexible but they don't want to get into trouble.

I can't say how thankful I am that you've taken the time to read an answer.

chebas

[chebas]

Hi, me again. Brother in law got married, sent docs, got acknowledgement letter and went to get temporary stamp 4 while application processes.

In the GNIB he was told there was no such thing as a temporary card and that if he wanted he should continue his employment at employers risk.

Apparently they weren't too nice about it either.

I have read the directive and have read the forum so I'm at a loss as to whether the local implementation of the directive does not allow the non-eea member to work during the application process or is this just a random thing that some people get and some don't based on unknown criteria.

I really appreciate your answers.

Thanks

[IQU]

you can get in gnib counter tempoary 6 months stamp 4.if he didnot recieve the stamp 4 tempoary in the counter.so write the letter to eu treaty right explain them the situation requested them to provide tempoary stamp 4 for 6 months.

[chebas]

my brother in law has gotten a reply that he will be indeed entitled to a temporary stamp 4 while the finalised authorisation is done.

Thanks again and I will undoubtedly be posting when I apply for citizenship next year.

chebas