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Have a read through the following - hope it helpsBloody-Fox wrote:Sorry, it's German and therefore she should have the right to live and work in GIB.. However, I have no idea where to apply etc..Directive/2004/38/EC wrote:Bloody-Fox, what is your citizenship?
Thanks
Employment
Turning now to employment in Gibraltar, in the case of non-EU nationals, only holders of residence permits are able to register for employment with the Employment and Training Board (ETB). However EU nationals are free to seek employment in Gibraltar in their own right and once they have secured employment they will need to register with the ETB.
Thanks. We would obviously prefer to stay in Spain, as the property prices in Gibraltar are ridiculous and as long as we only got one income it will be tighter than it is anyways..Directive/2004/38/EC wrote:You or she could also continue to live in Spain and both work in Gibraltar if desired.
She can apply for a Residence Card, but can not be required to do so in the first 90 days. In the UK it is not required, but I am not sure if it is required or not in Gibraltar.
The following applies to your wife as well:
The birth certificate can not be required.Spouses and Dependants of EU Nationals
Spouses and dependants of EU Nationals resident in Gibraltar may also apply for Civil Registration Cards.
In order to apply for Civilian Registration Card all applicants must submit the following documentation:
• Completed Application Form,
• Passport,
• Marriage Certificate in English,
• Full Birth Certificate in English,
• Passport photo,
• Fee for Civilian Registration cards is £5.
Can you please guide me back on track and tell me what is relevant for my situation?Directive/2004/38/EC wrote:You keep quoting a lot of stuff which is not relevant to your situation. Do not get distracted.
You are considered a cross border worker. You live in one EU member state and work in another. Your spouse can definitely work in Gibraltar, as that is the place you are working. She can also definitely live with you in Spain.
You are working so your wife also has the right of residence.Article 7 - Right of residence for more than three months
2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).
This is your wife.Article 23 - Related rights
Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to take up employment or self-employment there.
Quite silly. They, and you, are of course free to apply for a full work permit if you desire. But it is not needed.Bloody-Fox wrote:I have just been talking to my HR and was told that we currently have a case of an Argentinian married to an Italian husband, both working for our company, but she still had to apply for a working permit for the Argentinian wife...
(3) The documents listed in this subsection are a valid passport, a written
application on such form as the Authority may require or as is prescribed by
rules and, in respect of–
(a) a family member of an EEA national residing in Gibraltar
under section 55L–
(i) evidence that he is such a family member; and
(ii) the registration certificate of the EEA national or
other evidence that the EEA national is residing in
Gibraltar under section 55L;
Thanks a million! We even happen to work for the same company...Directive/2004/38/EC wrote:There is another poster who lives in Spain and works in Gibraltar. He is British but there is a similar situation. You should get in touch!
See onlineamiga at http://www.immigrationboards.com/viewtopic.php?p=740083
No no no no no. That is not the way it legally should be.onlineamiga wrote:Anyway once she has a job offer it is up to the employer to sort out the work permit. The work permit is issued to the company not to her.
Absolutely up for it! We went through a lot of **** in the last 2 years and if I can help others from doing so in the future, here I am!Directive/2004/38/EC wrote: If you have proof that employers are required to apply for a work permit, then we can work to quickly change that. It might just be that your employer does not actually understand the rules.
Haha, thanksLovely that you now know each other. I will restrain myself from making jokes about the size of Gibraltar...