NEED ADVICE MOVING TO IRELAND WITH MY NON-EU SPOUSE

[st pauli]

The requirements of EU law apply to all EU member states.

Resources for the EU citizen can come from anywhere, including work and savings of their partner.

Focus on getting a job as soon as possible in Ireland.

This is absolutely my intention, but looking at the Irish economy (not that anywhere in Europe is exactly booming right now) I'm just trying to make contingency plans for if it's not immediately possible.

If I can be judged as exercising treaty rights as a 'jobseeker' for a couple of months after the 90 days, due to having enough funds to self-support for those couple of months that would be fine.

[EUsmileWEallsmile]

The requirements of EU law apply to all EU member states.

Resources for the EU citizen can come from anywhere, including work and savings of their partner.

Focus on getting a job as soon as possible in Ireland.

This is absolutely my intention, but looking at the Irish economy (not that anywhere in Europe is exactly booming right now) I'm just trying to make contingency plans for if it's not immediately possible.

If I can be judged as exercising treaty rights as a 'jobseeker' for a couple of months after the 90 days, due to having enough funds to self-support for those couple of months that would be fine.

Read through directive 2004/38/EC. Note in particular article 14.4 and recital 9.

[st pauli]

The requirements of EU law apply to all EU member states.

Resources for the EU citizen can come from anywhere, including work and savings of their partner.

Focus on getting a job as soon as possible in Ireland.

This is absolutely my intention, but looking at the Irish economy (not that anywhere in Europe is exactly booming right now) I'm just trying to make contingency plans for if it's not immediately possible.

If I can be judged as exercising treaty rights as a 'jobseeker' for a couple of months after the 90 days, due to having enough funds to self-support for those couple of months that would be fine.

Read through directive 2004/38/EC. Note in particular article 14.4 and recital 9.

Thanks, I've just read that and it appears I can't be expelled or any other such serious business if I'm bona fide continuing to search for work and have a chance of getting it, which is great, just what I wanted to know.

If an EU citizen is benefiting from the terms of the directive as a jobseeker, can their spouse have a temporary Stamp 4 straight away and also begin looking for work straight away?

[Directive/2004/38/EC]

You can get a temporary permit: http://www.djei.ie/labour/workpermits/marriedtoeu.htm I am not sure exactly what they mean by "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."

The old version was http://web.archive.org/web/200707130720 ... edtoeu.htm
That is more clear that a number of conditions do not apply.

But http://www.djei.ie/labour/workpermits/e ... quired.htm seems to suggest that family do not need work permits. Not clear what their words actually mean though.

Have you read through http://eumovement.wordpress.com/eu-coun ... o-ireland/ ??

[st pauli]

You can get a temporary permit: http://www.djei.ie/labour/workpermits/marriedtoeu.htm I am not sure exactly what they mean by "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."

The old version was http://web.archive.org/web/200707130720 ... edtoeu.htm
That is more clear that a number of conditions do not apply.

But http://www.djei.ie/labour/workpermits/e ... quired.htm seems to suggest that family do not need work permits. Not clear what their words actually mean though.

Have you read through http://eumovement.wordpress.com/eu-coun ... o-ireland/ ??

Thanks I've bookmarked those.

I was under the impression at first that my wife couldn't work until she received her actual physical 4EUFam card which would have been a bit of a headache.

I think possibly going down to that DJEI address at Adelaide Street to get clarity of the situation when we arrive might be the best bet?

[EUsmileWEallsmile]

I was under the impression at first that my wife couldn't work until she received her actual physical 4EUFam card which would have been a bit of a headache.

Article 23 of the directive will be of interest.

[Directive/2004/38/EC]

I called DJEI last year about this. Specifically I called about the fact that family members now did not have to pay the fee, but had to satisfy the other requirements of the work permit.

They seemed a bit sheepish on the phone. Like they did not know what to say.

I suspect you will have to push them. But will get there in the end.

When, roughly, are you thinking of moving to Ireland? In a week or in several months?

[st pauli]

I called DJEI last year about this. Specifically I called about the fact that family members now did not have to pay the fee, but had to satisfy the other requirements of the work permit.

They seemed a bit sheepish on the phone. Like they did not know what to say.

I suspect you will have to push them. But will get there in the end.

When, roughly, are you thinking of moving to Ireland? In a week or in several months?

The latter. Most likely May 2013.

[Directive/2004/38/EC]

So now is the time to complain to the European Commission. It takes them time to get involved. You can explain that Ireland used to be doing the right thing, but they have changed and now are not letting spouses of EU citizens work easily on their arrival.

[st pauli]

So now is the time to complain to the European Commission. It takes them time to get involved. You can explain that Ireland used to be doing the right thing, but they have changed and now are not letting spouses of EU citizens work easily on their arrival.

I'm not clear from that website though, exactly what conditions they ARE now imposing/attempting to impose on spouses to let them work?

In any case am I allowed to complain just as a random person who isn't affected by this 'in real time' ?

[Directive/2004/38/EC]

So now is the time to complain to the European Commission. It takes them time to get involved. You can explain that Ireland used to be doing the right thing, but they have changed and now are not letting spouses of EU citizens work easily on their arrival.

I'm not clear from that website though, exactly what conditions they ARE now imposing/attempting to impose on spouses to let them work?

In any case am I allowed to complain just as a random person who isn't affected by this 'in real time' ?

Print off the before and after web page. Compare the two requirements.

You do not have to have already suffered financially in order to complain. In fact you do not have to have been impacted.

[fibonacci0044]

Can my British spouse come back to London while i live in Ireland, will her treaty rights will be effected in that case

Thank you

[Directive/2004/38/EC]

Can my British spouse come back to London while i live in Ireland, will her treaty rights will be effected in that case

It is not clear what you are asking. I assume it is about your right to remain in Ireland in periods when your spouse is not physically present in the Ireland?