German Citizen wanting to move to IRE with SouthAfrican wife

[markd82]

Hi everyone,

As per the title, I am a German Citizen currently residing in the UK with my wife. My wife and I would like to travel to and live in Ireland for at least a year.

Given that she is South African, she does not need a visa to enter the country. However for the trip to be of benefit to us, it would be good if she could take up employment in Ireland immediately after arriving.

We have searched endlessly to try and find an answer to our specific situation without success. I want to know if after arriving in Dublin, she will be issued with a stamp in her passport, allowing her to work there while we register for leave to remain with the GNIB - a process which I believe can take 6 months. Can anyone please advise? If she can only work after the 6 months, then there wouldnt be much point in us going given that we aren't sure if we'd stay for longer than a year.

Many thanks,
Mark

[Ben]

Hello Mark,

What will your activities be in Ireland?

[EUsmileWEallsmile]

Have you read this?

http://eur-lex.europa.eu/Notice.do?mode ... words=null

[st pauli]

The information I've been given seems to be basically that in theory your spouse should have the right to work, but she may not be given the right stamp and you might have to go and harass the GNIB about it a bit.

[markd82]

Hi Ben - my activities would be the same as hers essentially. To search for employment and to work, on either on a contractual or permanent basis.

I believe we should be able to do it without too much hassle, but nobody seems to have a clear straight-forward answer. I guess this is how the lawyers make their money.

[Ben]

If you're resident and working in Ireland, your spouse has the right of residence. With that, comes the right to work.

Evidencing to a prospective employer that your wife has the right to work, however, is difficult unless she has a residence card. Application for a residence card is submitted on form EU1 and takes six months to process. Note that application or possession of a residence card does not award the right of residence or to work - your wife would already have that automatically, merely by virtue of being married to you - an EU national who is exercising his right of residence in Ireland according to EC law.

During the six months wait while your wife's application for a residence card is being processed, assuming she chooses to apply for one, the Irish Naturalisation and Immigration Service may cause to be issued a temporary "six month" Stamp 4 GNIB Certificate of Registration. They're not obliged to, but it's welcome for those in your wife's prospective position, as it is an aid to show employers that the holder is eligible to work without a work permit. It would also aid in moving in and out of Ireland more easily during the six months processing wait, should this be applicable.

Whether or not the INIS issue a temporary Stamp 4 card, whether or not your wife even chooses to apply for a residence card, she has the right of residence (and employment) so long as she is your wife and you are exercising an EU treaty right in Ireland.