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Family members
The following family members, whatever their nationality, have the right to reside with you in the host Member State:
* your spouse;
* the partner with whom you have contracted a registered partnership in a Member State, but only if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down by the host Member State;
* your descendants and those of your spouse or registered partner who are under the age of 21 or are dependants;
* your dependent relatives in the ascending line and those of your spouse or registered partner.
Member States must also facilitate the entry and residence of:
* other family members who are dependants or members of your household or who require your personal care due to serious health grounds, and
* the partner with whom you have a durable relationship, duly attested.
If the family members are EU citizens, they may be required to register with the competent authority, in which case they will be issued with a registration certificate.
If they are third-country nationals, they will be issued a residence card, valid for five years or for the envisaged period of residence of the worker if this period is less than five years. An entry visa may also be required to enter the territory of the host Member State.
Only the following documents may be required for issuing the registration certificate or the residence card:
* a valid identity card or passport; if the family members are third-country nationals, they must produce a valid passport;
* proof of the family relationship or of the registered partnership;
* the registration certificate of the worker or, in the absence of a registration system, any other proof of residence in the host Member state;
* in the case of dependant relatives, other family members or durable partnerships, proof that they fall into these categories.
Family members also qualify for the right of permanent residence after a continuous period of residence of five years in the host Member State. If they are EU nationals, they will be issued, upon application, with a document certifying permanent residence. If they are third-country nationals, they will be issued with a permanent residence card renewable every ten years.
They may retain, under certain specific conditions, the right of residence in case of divorce, annulment of marriage, termination of registered partnership, death or departure of the worker.
Members of the family who have the right of residence in the host Member State have the right to work in the host Member State whatever their nationality. If they are third country nationals, this means that no work permit will be required. They have the right to equal treatment, including the award of social advantages.
The children of the worker, whatever their nationality, have the right to education in the host Member State on the same terms as its nationals. This includes, for instance, a right to equal treatment in relation to study grants.
The right of all EU citizens to reside in one of the 27 EU Member State for more than three months should also be granted to their family members.
EU citizens, who have exercised their right to move and reside freely and moved to a host Member State, are therefore entitled to reside together with their family members, irrespective of nationality.
Your husband, as a non-EU national, is obliged to apply for a residence card with the relevant authorities of the host Member State (as he has done). The deadline for submitting the residence card application may not be less than three months from the date of your arrival (which you have satisfied).
Your right of residence is evidenced by issue of a residence card. For the residence card to be issued, the host Member State may only require that you present a valid passport and:
• a document attesting to the existence of a family relationship or of a registered partnership;
• the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom you accompany or join: and
• in case that you are dependant direct relative, documentary evidence to that effect.
The residence card should be issued no later than six months from the date on which you submit the application. A certificate of application for the residence card should be issued immediately. The residence card should be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
Possession of the residence card may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof. What is important is that you have the right rather than having an official paper to that effect.
Please note that your husband’s residence in Ireland as a family member of you (a Union citizen) might have certain bearing on his right of residence. The Union citizen whose right to reside in the host Member State is dependent on having sufficient financial resources not to become a burden on social assistance system of the host Member State must show that all family members residing with him/her in the host Member State have comprehensive sickness insurance cover and that he/she has sufficient resources in order that the family members do not to become a burden on the social assistance system of the host Member State during their period of residence.
If your husband wishes to work and you have any further questions it would be beneficial to contact the Employment Permits section of the Department of Enterprise, Trade and Employment (contact details attached below):
Department of Enterprise, Trade and Employment
Employment Permits Section
Davitt House
65a Adelaide Road
DUBLIN 02
Opening Hours: 9:30-13:00 & 14:00-17:00
Tel: (01) 631 3333/3308
Homepage: http://www.entemp.ie
Email: employmentpermits@entemp.ie
The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.
I also have that problemBirdy wrote:Im curious how did you guys get your PPS numbers? my wife has been into them a number of times and they say she cant have one till she is resident. Also we have been looking for Jobs but no one wants to fill in the Work permit that in itself is a big battle.