Gibraltar Freedom of Movement

[EUsmileWEallsmile]

Gibraltar is part of the EU. It must comply with certain EU regulations and directives just like the UK (there are exceptions to this, but freedom of movement in not one of them).

They appear not to accept residence cards or permanent residence cards other than those issued by Gibraltar. They appear to issue their own version of the EEA family permit, distinct from the UK version. There does not appear to be any on-line information on how to go about getting one. There is an office in London, but that's all I could find. I know that UK visa issuing centres can issue visas for overseas territories, but again I could not find anything specific pertaining to freedom of movement.

Does anyone have any actual experience of EU national exercising treaty rights with their non-EU spouse in Gibraltar?

[Directive/2004/38/EC]

I would contact these EC people ( http://ec.europa.eu/citizensrights/index.htm ) for specific information about Gibraltar.

I remember reading that Directive 2004/38/EC applies to Gibraltar. See my text quote at http://eumovement.wordpress.com/eu-countries/ which comes from http://ec.europa.eu/justice/citizen/fil ... _ec_en.pdf

The Gibraltar transposition is: http://www.gibraltarlaws.gov.gi/articles/2008-12.pdf

[EUsmileWEallsmile]

I have found some more information. The directive 2004/38 does apply to Gibraltar. The UK is responsible for Gibraltar when it comes to the EU, but in practice they apply their own legislation. The link is below.

http://www.gibraltarlaws.gov.gi/edit_ar ... =000000062

I don't know what they do procedurally, but the legislation is similar to the UK's.

It is interesting that they appear to consider the UK to be another EU state altogether. The recognise their EEA family permit, residence card or permanent residence card only. They do not recognise UK issued ones.

They do allow for MRAX border entries...

[Bloody-Fox]

Hi,

Sorry for bumping such an old topic..

Did anyone make any further experience with this in the meantime?

I'm currently working in GIbraltar, living on the Spanish side with my Brazilian wife. Because of the economic situation in Spain, she was not able to find any work in the last 2 years and we are now considering moving across the border to Gibraltar, so she might get a working permit there.. Currently she is only able to work in Spain, but well...

Thanks

[Directive/2004/38/EC]

Bloody-Fox, what is your citizenship?

[Bloody-Fox]

Bloody-Fox, what is your citizenship?

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..

Thanks

[flyboy]

Bloody-Fox, what is your citizenship?

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..

Thanks

Have a read through the following - hope it helps

http://cab.gi/start/index.php/residency ... hermenu-28

[Directive/2004/38/EC]

Since you are working in Gibraltar, your wife has the right to live with you and/or work in Gibraltar. She can start doing that today if you want, though proving her right to work today might be difficult. 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:

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.

[Bloody-Fox]

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:

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..

I just don't know where to start with that.. Probably best to go to the employment board tomorrow and ask them..

[Directive/2004/38/EC]

Your wife should apply for a Residence Card. That would allow her to freely cross the border. And it would make it easy to prove to to employers that she has a right to work.

Legally she can work immediately. More specifically, as long as you are working there (which you are), she immediately has the same right to work as you do.

Please lets us know what they say.


The residence card she could/should apply for is:

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.

The birth certificate can not be required.

[Bloody-Fox]

Well, she can apply for the Gibraltar ID card when living in Gibraltar, but not whilst still living in Spain...
She can freely cross the border anyways, as Brazilians do not require a visa for Gibraltar (neither Spain).
If the Gibraltar ID card is directly connected with the right to work, I know what I have to do.. firstly move into GIB that is.

I know that she has the right to work in Gibraltar due to the fact that I am employed there, but the problem is that nobody knows about it.. In the job interviews it goes as far as
"We are very interested in your CV - what passport are you on?"

"Brazil"

"Oh we're very sorry then..."

It appears that nobody round here knows the law or just don't give a big toss about it...

Couldn't speak to anyone today. Will have to wait until Monday until our HR is going to be back.

What about the birth certificate? I can't see any way round, if they really ask for it.

[Bloody-Fox]

The families (whether themselves EEA or non-EEA nationals) of established qualified persons also have the right to reside provided the qualified person has suitable accommodation for them. Family members must also apply for residence documentation after being in Gibraltar for 3 months. The residence documentation to family members will have the same validity as the documentation issued to the qualified person. The non-EEA visa requiring family members of a qualified person will need to obtain an EEA family permit in order to enter in Gibraltar.

Non EEA Nationals wishing to take up an economic activity in Gibraltar should, in case of those intending to set up in businesses, contact the Commercial Director of the Department of Trade and Industry in the first instance. Those seeking to take up employment should approach the Employment and Training Board.

Those 2 points seem the most important for now and I will update here as soon as we have an answer from the ETB.

Thanks flyboy, this seems the only online source that knows at least a bit..

[Bloody-Fox]

I've found a page from the Gibraltar gov with all the application forms provided:

http://www.gibraltar.gov.gi/employment

It appears that the work permit can only be applied for by a perspective employer:

http://www.gibraltar.gov.gi/images/stor ... 1_to_3.pdf

Work Permits Unit

Persons who are non-entitled to work in Gibraltar (e.g. non-EEA nationals. See notes below) will require the prospective employer to request the issue of a work permit before commencement of employment.

Various conditions will need to be met by the employer before approval may be granted for the issue of a work permit. A work permit is issued for a period not exceeding 12 months.

The employment of a worker for whom a work permit is required without the employer having first obtained such a permit is an offence and a fixed penalty notice of £1500 may be issued to the employer.

ID card links are here:

http://www.gibraltar.gov.gi/id-cards-an ... tion-cards

APPLICATION FOR CIVILIAN REGISTRATION CARD
NON-EU NATIONALS:

http://www.gibraltar.gov.gi/images/stor ... n_form.pdf

This is surely not compliant with EU law...

[Directive/2004/38/EC]

You keep quoting a lot of stuff which is not relevant to your situation. Do not get distracted.

Birth certificate is not required. There is a very specific list of things that can be requested, and that is not on the list. If she does not have a birth certificate, then you can just refuse and then escalate it. The rules are clear even if the Beamte don't know them!

The family member does not need to enter on an EEA FP. The MRAX ECJ decision is explicit on that. You can find a link to the whole MRAX judgement at http://eumovement.wordpress.com/2010/08 ... to-travel/

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.

[Bloody-Fox]

You keep quoting a lot of stuff which is not relevant to your situation. Do not get distracted.

Can you please guide me back on track and tell me what is relevant for my situation?

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.

We don't want to move into Gibraltar if it's not required. But we are facing the problem that no perspective employer seems to be willing to apply for a work permit and the fact that they are even using the term "work permit" shows that they are not familiar with directive 2004/38/EC.

When we applied for the EEA2 back in the UK, we received a certificate of application after about 6 weeks and everyone knew that this allows her to work - 2 weeks later she had a job. But down here it appears that nobody really knows anything about it.

What are we supposed to do in order to get our rights? Sorry, I know I'm a bit distracted..

[Directive/2004/38/EC]

OK, first some basic information which you need to use to evaluate everything anyone says.

You are working Gibraltar. You are effectively "resident" there for the purposes of free movement, even if you do not sleep there.

You are also resident in Spain, where you sleep. This makes you a "cross border" worker, or a "transfrontier work".

Not relevant for working, but be aware that your spouse has a near absolute right to enter Gibraltar when you are there. See http://eumovement.wordpress.com/2010/08 ... to-travel/

Some quotes from Directive 2004/38/EC

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).

You are working so your wife also has the right of residence.

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.

This is your wife.

You need to focus on getting a Residence Card for her.

[Bloody-Fox]

Thanks!

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...

I will update you when I got some news from a real authority..

[Directive/2004/38/EC]

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...

Quite silly. They, and you, are of course free to apply for a full work permit if you desire. But it is not needed.

See section on Residence Cards for Non-EEA Family Members (on page 73) http://www.gibraltarlaws.gov.gi/articles/2008-12.pdf

Note the lack of a requirement for a birth certificate

(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;

[Bloody-Fox]

Thanks a lot!!

I think the biggest problem here is the lack of information..

If we are successful with all this I am going to write a long report to make it easier for others in the future!

[Directive/2004/38/EC]

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

[onlineamiga]

Hi Bloody fox, as you're German you are exercising treaty rights by working in Gibraltar. This means your wife automatically has a right to work in Gibraltar as well. They do have to issue a permit (mainly because she needs to be able to cross the border without you being with her). I was told by the ETB that it's just a matter of a 'rubber stamp'.

However because I'm British it seems its harder for us, because I'm not exercising treaty rights. So yay for Gibraltar giving more rights to Spanish and other EU families than British citizens. (sound familiar anyone!??) When I asked for clarification on this, I was told to get out of the office. I'm waiting for a what do they know FOI to become available in Gibraltar to extract evidence of that one to go to the press with.

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.

I'm local, living in Spain working in Gibraltar as well.

[Bloody-Fox]

Thanks,

I will get in touch with you..

[Bloody-Fox]

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

Thanks a million! We even happen to work for the same company...

[Directive/2004/38/EC]

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.

No no no no no. That is not the way it legally should be.

So think about your right to work as an EU citizen. You can work without a work permit. And that is the way it should be. Employers do not end up thinking "If we hire this German [or Italian] citizen, then we will have to get a work permit".

The exact same right to work applies also the the family member of the EU citizen. The employer should never have to apply for a work permit to hire the non-EU family member of an EU citizen (or of a British citizen who has previously worked in another EU member state and so who can be treated as is they are an EU citizen).

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.

Lovely that you now know each other. I will restrain myself from making jokes about the size of Gibraltar...

[Bloody-Fox]

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.

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!

Lovely that you now know each other. I will restrain myself from making jokes about the size of Gibraltar...

Haha, thanks I just read his thread and after the first paragraph I knew I heard the story somewhere before...