Non-EEA self-employed?

[giblet]

I'm a self-employed American (writer) and I'd like to move to Ireland with my UK partner. We are not married. I've lived in Ireland before and got a work permit through my employer, but am hoping this time to be able to be self-employed.

I have a few questions. First, is there a way for me to get a legal residency permit?

Second, my understanding is that I can work as a self-employed writer without a work permit as long as I register and pay taxes. Is this true?

If the above are not possible, how soon after we get married would I have the right to live/work in Ireland?

The long and the short of it is I'm looking for a way to come back to Ireland and continue to be self-employed rather than working for an Irish company. I'm also hoping to remain unmarried for the time being. Any suggestions would be appreciated (including other countries that might be easier to get visas).

[courny]

I'm a self-employed American (writer) and I'd like to move to Ireland with my UK partner. We are not married. I've lived in Ireland before and got a work permit through my employer, but am hoping this time to be able to be self-employed.

I have a few questions. First, is there a way for me to get a legal residency permit?

Second, my understanding is that I can work as a self-employed writer without a work permit as long as I register and pay taxes. Is this true?

If the above are not possible, how soon after we get married would I have the right to live/work in Ireland?

The long and the short of it is I'm looking for a way to come back to Ireland and continue to be self-employed rather than working for an Irish company. I'm also hoping to remain unmarried for the time being. Any suggestions would be appreciated (including other countries that might be easier to get visas).

I am not sure how you get a residency permit but to be legally self employed as a non EEA citizen you need a STAMP 4 GNIB (immigration card).
tog et that you would need a work permit of have other rights which entitle you to a stamp 4 GNIB card.
if you get married, you can work right away after that. getting the GNIB registration would be fairly straight forward after that.

if you start working as a self employed individual on a STAMP 1/2/3 you cna get into trouble. this is coming from my solicitor btw!

[giblet]

Thanks. Does it make any difference that none of the work I do is for Irish companies?

[jeupsy]

Thanks. Does it make any difference that none of the work I do is for Irish companies?

Unless it is for a short term visit (business trip type of thing), I don't think it is legal to live in Ireland but declare your income and pay taxes in another county.

In the short term you are unlikely to have issues, but if you go in and out of Ireland regularly, one day an immigration officer might be suspicious and ask you if you are living/working here ... Which would put you in an uncomfortable situation of having to choose between lying or being deported.

So if you are coming for the long term, get a stamp 4 I think.

If you can document the fact the your relationship has been longer than 2 years and your partner can find employment in Ireland, you can get a temporary Stamp 4 in 1 month without too much hassle; and if your application is successful you'll get 5 years after the temporary one is expired. Getting married will make it easier in the way that you won't have to document your relationship has much and won't have the minimum 2 years requirement, but your spouse will still need to be in employment (or a student) in Ireland before you can apply for a residence card.

[giblet]

Thanks. Does it make any difference that none of the work I do is for Irish companies?

Unless it is for a short term visit (business trip type of thing), I don't think it is legal to live in Ireland but declare your income and pay taxes in another county.

My thought was that I could work freelance for companies outside of Ireland but pay taxes within Ireland. I don't know if I could do that without some sort of residency permit, though. This post seems to say that it's possible (http://www.immigrationboards.com/viewto ... 018#847018) but the OP's situation is different to mine.

I don't meet the requirements for de facto relationship, unfortunately. I'd really like to avoid getting married before I'm ready and although I am fairly certain I could get a employer-sponsored visa, I would prefer not to give up my current career. I don't know if there are any ways around this.

[Brigid from Ireland]

If you were married to an EU citizen who is employed or self employed here then there would be no difficulty with you working on a self employed basis, as the Stamp 4 would be issued within three months and no one would expect you to refuse self employed contract work during that period. It would not be reasonable and the Irish are reasonable.

The difference is that you are not married. So to be entitled to Stamp4EU fam is not a guarantee in your case and without the marriage certificate your self employment could be a problem.

BUT as stated previously if you were here as a tourist on holiday, and continued to write for two/three months as a tourist and pay taxes in your home country, there would probably be no issue. Then if you get Stamp4EU fam as partner you can commence self employment in Ireland and pay your taxes here.

You cannot pay taxes within Ireland unless you have legal right to work. If you get Stamp4EU fam from you partner this is legal right to work. If you are married to an EU citizen who has a job here then you probably have a legal right to work and stamp4EU fam is coming to you soon, so it is ok to work. But you are not married, so you need stamp4EUfam as proof that your relationship is recognised, before you can pay taxes here legally. (The tax office probably won't refuse the payment of tax, but you get no benefits for any period not legally resident).

Is it possible for you to get an employer sponsored visa and to continue with your self employment? I don't know the answer, but it may be possible?

I don't suppose you have an Irish grandparent or are entitled to citizenship of any EU countries?

If you are a very high income author then you can mention this and I think it will make it easier to get stamp4eufam.

Also if you are high income you could set up your own shell company, offer yourself a high salary to write the stuff you normally write, and get a visa to work for this company? Basically an employer sponsored visa, but you own the company that employs you - there are tax pluses and minuses to this option.

[giblet]

Thanks, Brigid. I don't think I'll be able to do any of these things other than get married, and am hoping to avoid that. So Ireland might be out of the question right now. Thanks for your help.