Applying for normal work permit while waiting on EU1?

[Dimy77]

Now that the spousal work permit is discontinued, we were thinking about applying for a normal work permit when my wife has a job offer that would be eligable for such a permit.

Is it possible to apply for a work permit while EU1 decision is pending?
Can you apply from within Ireland or do you need to apply from your home country? Or maybe just leave the country and re-enter?

We applied for EU1 in May, and even though the decision is still pending we are expecting it to be denied because we haven't lived in another EU country. We are looking at our options now besides waiting for the decision letter (which should take another couple of months at least).

[Dimy77]

*bump* anyone?

[checo]

Yes, I think it is very good idea to do that if you have a chance. Get the normal work permit and wait for the outcome of EU1, because if they deny your EU1, at least you will feel more secure. Anyway, if they deny EU1, you still can appeal to it and that takes another few months...

I think you can apply for standard work permit while you are waiting for EU1 as you are applying to different dept. (Department of Enterprise) than with EU1 (Dept. of Justice).

Also until few weeks ago, you could get the spousal work permit while waiting for EU1, so why not to get regular work permit? At least you will have some proof that you are still legal and you can also travel in/out of country.

So I would say go ahead!

The other think what I would recommend is that you contact your EU spouse's country embassy and find out how to get residence card there for you. All the EU countries have different law, so if it is easy/possible - do it and then re-apply for EU1 - then you would most probably get your 5 year irish residency because you would fulfill their requirements (residency in other EU country prior to the EU1 application).

[archigabe]

I think for a regular work permit the non-eu spouse would have to go back to his/her home country and apply from there.It is upto the embassy's discretion to issue one.

[Dimy77]

The other think what I would recommend is that you contact your EU spouse's country embassy and find out how to get residence card there for you. All the EU countries have different law, so if it is easy/possible - do it and then re-apply for EU1 - then you would most probably get your 5 year irish residency because you would fulfill their requirements (residency in other EU country prior to the EU1 application).

Thanks to the dutch government that's unfortunately not an option for us. I explained in another thread that in order to get a residence card in Holland my wife would need to learn dutch and make an integration test at the dutch embassy in her home country and if she passes the test she can apply for a temporary visa. The dutch spouse must have a certain minimum income and some other requirements before the non eu-spouse will get a residence card in Holland.
It's extremely frustrating because we can't life and work together in Holland because I'm dutch and dutch law applies in such case... and in Ireland because I'm not Irish and they interpret the european law incorrectly. I feel angry with both my own country and Ireland and I believe that the European Union should put more pressure on both countries to change their immigration law. We're trapped in a very nasty situation. Luckily my wife is certified and qualified in IT and has a lot of work experience so we hope to get her a normal work permit.

[dsab85]

Dimey.. if you are currently exercising your EU Treaty rights abroad, can't you then go back to the Netherlands and be considered as a EU citizen and not a dutch citizen?

I am german and have been living abroad for several years. If I go back to Germany I can choose if I want to apply under german law or if I go the EU treaty rights route. I know that's the same in some other EU countries.

I just found the ruling to it:

http://eumovement.wordpress.com/2007/04 ... ional-law/

[Dimy77]

Dimey.. if you are currently exercising your EU Treaty rights abroad, can't you then go back to the Netherlands and be considered as a EU citizen and not a dutch citizen?

I am german and have been living abroad for several years. If I go back to Germany I can choose if I want to apply under german law or if I go the EU treaty rights route. I know that's the same in some other EU countries.

I just found the ruling to it:

http://eumovement.wordpress.com/2007/04 ... ional-law/

I'm not sure about that to be honest... but it almost sounds too easy to be true. I've been working here in Ireland for 4 years now, so I'm exercising my EU Treaty Rights abroad right? I'm not quite sure what that means...