Can the US spouse of Irish citizen work here?

I

imogen

Registered User
Messages
79
Hi all

I have been asked to find out the situation regarding a non-national spouse of an Irish citizen - do they need to apply for a work permit? (the role envisaged is an administrative one so it would not qualify under the recent changes to the work permit scheme).

My understanding was that spouses of EU citizens have the right to work without a permit but I just want to check...

Thanks

Imogen
 
[broken link removed]?
Work permit not necessary

As a foreign national, you do not need a work permit if you are in one of the following categories:
  • ...
  • Person who has been given permission to stay in the country because you are the spouse of an Irish citizen or the parent of an Irish citizen.
  • ...
Click to expand...
And:
Irish citizens

 A foreign national who marries an Irish citizen does not have an automatic entitlement to live in Ireland. Your spouse is governed by the same rules as apply to all foreign nationals.
Click to expand...
 
I deal with this on a regular basis as part of my job. Here is the situation. Legally, there is no entitlement for the spouse of an Irish citizen to work or even to live here. Justice Department policy is that they must apply for residency - which currently takes about 12 months - and while the application is being processed they are not allowed to work.

In practice, this rule has tended to be applied on a very discriminatory basis. Until very recently I had never heard of a North American being subjected to it - they were always able just to go to their local Garda station, present their documents and get a residency stamp - while it was frequently applied to citizens of non-western, non-English speaking countries. However, from anecdotal evidence it appears that they are cracking down a little more heavily now on North Americans too.

The "spouse of an EU citizen" rule only applies to spouses of citizens of EU countries other than Ireland. It does not apply to spouses of Irish citizens. Sounds mad, I know, but that's how it works. In any case the Department has lately begun enforcing a provision that says the spouse would have had to be resident in another EU country first before moving to Ireland.

So, in answer to your question, the person could chance their arm with the local Garda station, but they may well be told they have to apply first - in any event they should not simply be allowed to take up employment because that would definitely be illegal.
 
US spouses of Irish citizens can work here. You just go to the Department of Justice (i think) on Burgh Quay (I assume there are other places around the country, depending on where you are located) and register and then get a Garda card. It is a very simple process. You don't need to apply for a permit. I think the link below is the relevant one on Oasis, they seem to have changed the site a bit.

[broken link removed]
 
As the Canadian spouse of an Irish citizen, I had no problem getting registered (March 07). It is valid until my passport runs out in 2012, and allows me to work in any field.

Registration only requires you to bring Passport, marriage cert and spouse with his/her Irish passport to the office on Burgh Quay. Registration is required within 3 months of entering the country. They also have to be resident and married for 3 years before they can apply for long term residency/citizenship, which is what takes at least 12 months to process.
 
Thank you all, what a fantastic resource askaboutmoney is...

I had already contacted the immigrant council by email - they asked me the questions about when did the person enter Ireland, were they previously resident in another EU country, are they registered with the Gardai, have they applied for residency... so everyone seems to be on the same page, I am just waiting for responses from the enquirer now.

Best wishes

Imogen
 
Alias said:
Registration only requires you to bring Passport, marriage cert and spouse with his/her Irish passport to the office on Burgh Quay. Registration is required within 3 months of entering the country. They also have to be resident and married for 3 years before they can apply for long term residency/citizenship, which is what takes at least 12 months to process.
Click to expand...


Again, what you're talking about here is the way that the process has tended to be applied in practice to North Americans such as yourself. The stated policy of the Justice Department, however, and the practice that is usually applied to people from non-Western backgrounds, is as I posted earlier.

BTW there is a big difference between long term residency and citizenship. Citizenship applications take a lot longer than twelve months.
 
The previous Minister for Justice explaining the position in reply to Dáil questions:

[broken link removed]
[broken link removed]
 
Brooklyn,
What you are saying seems to me to conflict with what it says on the citizens information website. Is this correct?
 
No, it doesn't conflict. The Citizens Information website says:

You are entitled to apply for work in Ireland without an employment permit if you:
  • are married to an Irish citizen, or are a parent of an Irish citizen and have been granted permission to reside in the state
Click to expand...
Emphasis mine.
 
That link covers the situation where the person was previously resident in another EU country, not where they came directly from the US to Ireland... and are married to an Irish citizen which appears to be different as others have posted above. I'm try to get more details from the original enquirer on their exact situation.

This has turned out to be an interesting query!

Imogen
 
Imogen,
I'm a little confused by all of what's been posted above so I'll just tell you my personal experience. My spouse is American, I'm Irish. She came here and registered in Harcourt St (as it was then). From memory all we needed was our marriage cert and my passport (and my presence of course). She got her photo taken and was given a garda card, and was able to work immediately.

The card lasts 5 years, or to whenever your passport expires whichever is shorter. You can then renew it after 5 years.
 
If it was still Harcourt Street then it was presumably a few years ago and the rules have most likely changed since then?
 
Dowee said:
The card lasts 5 years, or to whenever your passport expires whichever is shorter.
Click to expand...

Yet another example of the GNIB's inconsistency in these matters. I know of several people in this circumstance who have to renew their card annually.
 
sorry to change teh subject a little but was just wondering is it hard for a US citizen to get a work permit without being married to an Irish person? In this case teh person would have a degree and a masters in Education.

I would be extremely grateful for any replies,

Thanks
 
colc1 said:
sorry to change teh subject a little but was just wondering is it hard for a US citizen to get a work permit without being married to an Irish person? In this case teh person would have a degree and a masters in Education.

I would be extremely grateful for any replies,

Thanks
Click to expand...

Depends. A US citizen is treated the same a any other non EU citizen; work permits are only provided in certain circumstances. For general labour, hotel etc jobs, it will be a definite no. But where you have a skill or qualification in a field where there is a shortage of Irish/EU workers e.g. civil engineering, your chances are much higher (don't know where your qualifications would fall). But bear in mind that your prospective employer has to sponser you for the work permit so therefore you need to have an agreed job beforehand.

More info at this website: http://www.entemp.ie/labour/workpermits/
 
Dowee said:
Imogen,
I'm a little confused by all of what's been posted above so I'll just tell you my personal experience. My spouse is American, I'm Irish. She came here and registered in Harcourt St (as it was then). From memory all we needed was our marriage cert and my passport (and my presence of course). She got her photo taken and was given a garda card, and was able to work immediately.

The card lasts 5 years, or to whenever your passport expires whichever is shorter. You can then renew it after 5 years.
Click to expand...

I am still a bit confused here was this ong ago your spouse came Dowee, i.e. does anyone know if things have changed? Could she work in any job then once she got the garda card?

I would be really appreciative of any responses the websites arent to clear on my situation :confused:
 
You must log in or register to reply here.
Back
Top