elena

[elena]

Buna ziua,
Sunt cetatean roman si sunt casatorita cu un portughez si intentoinam ca in 2009 sa emigram in Irlanda.Intrebarea mea este daca in cazul meu este necesar sa obtin permis de munca pt a lucra.Va multumesc

[aprilboom]

Ai dreptul sa lucrezi FARA PERMIS DE MUNCA, dar cu o conditie si anume conform Directivei EU No. 38/2004 sotul tau trebuie sa-si gaseasca job sau sa lucreze ca self employed in Irlanda si apoi din momentul acela poti face o cerere la "EU Treaty Rights - Dept. Of Justice".

In general aceasta varianta "EU treaty rights" este folosita de cupluri de cetateni EU casatoriti cu cetateni NON-EU, pentru a obtine drepturi de rezidenta si drepturi de munca pentru partenerul NON-EU.

Din fericire pentru cetatenii romani si bulgari daca sint casatoriti cu un cetatean EU care are access neingradit la piata de munca din Irlanda, asta e cam singura metoda simpla pe care o pot folosi.
Am mai auzit si varianta "self employed" pentru cetateanul roman dar nu stiu exact amanunte.

Nu vad de ce, daca legea da dreptul la munca sotilor NON-EU de ce sa nu se aplice si sotilor EU romani si bulgari.

Atentie!
Dreptul tau de munca este legat strins de dreptul de munca si dreptul de rezidenta a sotului tau in Irlanda si bazat pe o casatorie "sincera" si nu una de convenienta intre voi doi.

Departamentul are 6 luni la dispozitie sa-ti aprobe sau sa-ti respinga cererea daca se dovedeste ca ceva a fost necurat legat de casatoria voastra sau legat de actele care le aveti (dar timp de sase luni pina cererea ta este solutionata ai drepturi sa muncesti imediat fara nici un permis de munca si in caz favorabil si dupa aceea).
Nu incercati sa mintiti sau sa ascundeti ceva sau sa trimiteti vreun act falsificat.



Directiva 38/2004 are si o transpozitie intr-o lege irlandeza pe care "EU Treaty Rights - Dept. Of Justice" o si foloseste la aprobarea sau respingerea cererilor de rezidenta.

Metoda descrisa mai sus de mine presupune doar trimiterea de documente originale, departamentul raspunde cu un "acknowledgment letter" dupa 7 zile si cu returnarea tuturor documentelor originale si ai dreptul imediat sa lucrezi timp de sase luni, timp in care departamentul analizeaza cererea ta.
Dupa sase luni primesti si raspunsul final bazat pe documentele trimise (cel mai important fiind scrisoarea de la locul de munca a sotului tau si faptul ca locuiti impreuna in Irlanda si binenteles certificatul de casatorie).

Pe scurt sotul tau trebuie sa-si gaseasca job in Irlanda neaparat iar apoi sa-si exercite drepturile de rezidenta in Irlanda pentru el si pentru membrii familiei lui indiferent daca ei sint EU, EU fara drept de munca (romani) sau NON-EU.

Nu merge sa aplici din Portugalia, trebuie sa vina aici mai intii si apoi porniti procedura.
Daca are job si aveti contract de inchiriere a unei case (in scris), cont la banca, plus citeva facturi de curent, gaz etc. adica sa dovedeasca ca s-a stabilit legal aici, pentru tine va fi doar o formalitate sa obtii dreptul de munca ( si nu vei avea nevoie de nici un permis de munca).

Ai aici link-uri utile (din pacate trebuie sa stii engleza) partea cu rezidenta nu te intereseaza, doar partea cu dreptul de munca se aplica la tine (pentru ca tu ca si cetatean EU ai dreptul la rezidenta, doar dreptul la piata de munca este ingradita romanilor care nu erau rezidenti legal in Irlanda cu cel putin un an inainte de 1 Ianuarie 2007).

Adresa unde trimiti actele:

EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2

[aprilboom]

Lista cu documente (in functie de cazul tau alegi ce trebuie sa trimiti):
http://www.inis.gov.ie/en/INIS/Pages/WP08000033

Documentation to support an EU Treaty Rights application

You need to submit several original documents, (copies are not acceptable), with your EU Treaty Rights application to evidence:

* Identity
* Your Relationship with the EU national
* Residence in this State
* The activities of the EU national in the State

************************************************** *************************************

An extensive list of documentation follows.

Warning: The obligation is on you at all times to provide satisfactory evidence as below and to notify this office of any changes to your circumstances in accordance with Regulation 11(2) and 11(4) of S.I. No. 656 of 2006 - European Communities (Free Movement of Persons) (No. 2) Regulations 2006.

************************************************** ****************************************

Evidence of Identity:

For the applicant:

* A Valid Passport

For the EU national:

* A Valid Passport
OR
* A Valid National ID Card


Evidence of Relationship with the EU National:

Where a person is applying on the basis of a family relationship with an EU national, the following evidence (with notarised translation where document is not in English or Irish) must be provided for the application to be considered:

For Marriage to the EU national:

* A Civil Marriage Certificate.



Evidence of residence in this state:

If renting:

* Letter from landlord/agency, Rental Contract or Rent book
AND
* Letter of registration of Tenancy from the Private Residential Tenancies Board
AND
* Current Bank Statement for both EU and the applicant or joint account statement for both (if available)

If a home owner:

* Letter from financial institution (Mortgage provider)
OR
* Letter from Local authority (County Council)
AND
* Current Bank Statement for both EU and non-EEA national or joint account statement (if available)

Any other evidence of residence may be considered if deemed satisfactory. If you are not renting or a homeowner, then the person you are living with will have to provide the above along with a written declaration that you live there in addition to any other evidence of your residence such as utility bills.

Evidence of current activities of the EU citizen

If in Employment:

* Contract of employment
OR
* Current Letter from employer with full contact details
AND
* 2 recent payslips
AND
* your most recent P60 or Tax Credit Certificate

If in Self-employment:

* Agreed Tax Assessment from the Revenue Commissioners
OR
* VAT Payment Receipt
OR
Letters from the Revenue Commissioners showing evidence of economic activity (tax payments etc.)
AND
* A Current Bank Statement

If Studying:

* Current letter from college/course provider including start date and expected completion date
AND
* Letter from private medical insurance provider

If undertaking vocational training:

* Current letter from FÁS or your training provider including start date and expected completion date

If unemployed:

* Current letter from Department of Social and Family Affairs with full employment history for last 2 years and details of current benefit claims
AND
* Current letter from FÁS acknowledging your registration as a jobseeker

If you have sufficient resources:

* A Current Bank statement
AND/OR
* Evidence of self-sufficiency
AND
* Letter from private medical insurance provider

Note: If for any reason you cannot supply some or all of the required documentation above, you must provide a written statement explaining why. Provision of some or all of the above documentation is not a guarantee of a successful application.

[aprilboom]

Formularul de completat:

Din pacate nu au si un formular pentru cetateni EU romani casatoriti cu cetateni EU cu full rights la piata de munca.
Asa ca o sa completezi formularul ca si cetatean NON-EU iar sotul tau e cetateanul EU.

Dar din punctul meu de vedere "cetatean EU roman sau bulgar" = "cetatean NON-EU" din punct de vedere al accesului la piata de munca, asa ca poti folosi formularul EU1.

http://www.inis.gov.ie/en/INIS/FormEU1.pdf/Files/FormEU1.pdf



http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights


* Printable Version

Dependants of an EEA National
EU Treaty Rights

Irish Naturalisation and Immigration Service
Information Note

European Communities (Free Movement of Persons) Regulations 2006

This information is intended to assist applicants in their dealings with EU Treaty Rights Section.
As such it does not constitute legal advice and is intended for guidance purposes only.
Introduction

The Minister for Justice, Equality and Law Reform made the European Communities (Free Movement of Persons) Regulations 2006, (Statutory Instrument No. 226 of 2006) and the European Communities (Free Movement of Persons) Regulations 2006 (No.2) (Statutory Instrument No. 656 of 2006).
The Regulations bring into effect in Irish law European Directive 2004/38/EC on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States.

In light of the decision of the European Court of Justice on 25 July 2008 "Metock & others", The Minister for Justice, Equality and Law Reform introduced European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (Statutory Instrument No.310 of 2008 ) amending the above Regulations. See SI 310 of 2008 (PDF 102KB)

Notice: If you received a refusal decision between 28 April 2006 to 25 July 2008, See EU Treaty Rights, FAQ 11
What will the Regulations mean in terms of registration and residence in Ireland?

For EU Citizens - Under the Regulations an EU citizen does not need to register his/her presence in the State with the immigration authorities.

The right of residence of an EU citizen remains subject to conditions. He/she must be, either,

* engaged in economic activity (employed or self employed); or
* a person with sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State; or
* enrolled as a student or vocational trainee; or
* a family member of an EU citizen in one of the above categories.

For Family Members - A Family Member (i.e. spouse, child, dependant relative, other family member requiring the personal care of the EU citizen on health grounds, member of the household of the EU citizen, partner) who is not a national of an EU Member State must apply for a Residence Card which will confirm that he/she is a family member of an EU citizen residing in Ireland. This Residence Card can be used in place of an Irish re-entry visa, where the holder wishes to leave Ireland on a short journey and return to the State.
What other changes result from the Regulations?

Permanent Residence - EU citizens and their family members may apply, respectively, for a Permanent Residence Certificate or Permanent Residence Card after they have resided for a continuous period of 5 years in Ireland. Residence Card for Children - A particular feature of the Regulations is that non-EEA nationals of whatever age who are family members of EU citizens resident in Ireland should apply for the appropriate Card. Prior to the introduction of the Regulations, children under 16 years of age were specifically excluded from the requirement to register their presence in Ireland.

Partners of EU citizens - The Regulations allow for the facilitation of the admission of the partner of an EU citizen where they are in a durable relationship which is duly attested. The permission granted to such partners for the purposes of admission and residence in the State does not involve the recognition of such partnerships for other purposes. It will be noted from the Application Form that documentary evidence is required to establish that the partnership has existed for a reasonable duration. The Irish Naturalisation and Immigration Service (INIS) would expect that clear evidence be provided that the partnership has existed for at least 2 years prior to the application in order to issue the relevant card. In examining an application, INIS is obliged to undertake an extensive examination of the personal circumstances of such relationships.
Application Forms

Applications Forms for the relevant certificate/card are now available on this website, as follows.

* Form EU 1 - Application for a Residence Card Non-EEA family member, resident in Ireland for more than 3 months.
* Form EU 2 - Application for a Permanent Residence Certificate EU Citizen resident in Ireland for more than 5 years.
* Form EU 3 - Application for Permanant Residence Card Non-EU Family Member resident in Ireland for more than 5 years.

To apply, the applicant must complete the form in full and attach any relevant documents in original form which will be returned to the applicant as soon as ipossible.
Because original documents are required to support each application it is recommended that registered post be used. A separate Application Form must be completed by each individual, including a child.

Completed Application Forms should be sent by registered post to:-

EU Treaty Rights Section
Irish Naturalisation and Immigration Service
Department of Justice, Equality and Law Reform
13/14 Burgh Quay
Dublin 2.

If you have any questions about the forms you can use the telephone helpline or e-mail your enquiry to eutreatyrights@justice.ie or post enquiries to the above address .

Please be advised that the processing of an application can take up to 6 months before a decision on an application may be forthcoming where it is deemed appropriate to do so and if all the necessary requirements are fulfilled.
Other features of the Regulations

* The new status of permanent residence for EU citizens and their family members after five years uninterrupted legal residence in the State is lost only in the event of more than two successive years’ absence from Ireland or in circumstances where removal procedures have been commenced against the person concerned.
* The death of the EU citizen, his/her departure from Ireland, divorce, annulment of marriage or termination of partnership will not affect the right of family members who are not nationals of a Member State to continue residing in Ireland, subject to certain conditions.
* Under the Directive, Member States have the power to expel persons from their territory. EU citizens or their family members may be expelled on grounds of public policy, public security or public health. However, before making such a decision the host Member State must assess a number of factors such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of his/her links with the country of origin.

Irish Naturalisation and Immigration Service
Department of Justice, Equality and Law Reform
Frequently Asked Questions on this subject can be found under EU Treaty Rights FAQs

Quick Search: :

* Sitemap
* Accessibility
* Customer charter
* ©Copyright
* Privacy po

[aprilboom]

http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights%20FAQs#refused

Applying for EU Treaty Rights

Frequently Asked Questions

1. I wish to apply for EU Treaty Rights but don't know what form to fill out?
2. Where can I download the application form from?
3. What documents do I need to supply with the application form?
4. Do I have to submit my original documents or can I send in copies of them?
5. How long does it take for my decision to be made?
6. I want to get my passport / documents back
7. Can my case be prioritised?
8. How can I find out the status of my application?
9. Where do I send my completed application to?
10. If my permission to remain expires before I get my decision, what can I do?
11. What happens now in view of the European Court of Justice Judgment of 25 July 2008 in the case of Metock and others(C-127/08) if my application for a residence card(EU FAM) as a non EEA family member(permitted or qualifying) of an EU citizen had previously been refused in the period 28 April 2006 to 25 July 2008?
12. What should I do if my circumstances change?
13. Can I enter employment while my application is pending?

1. Q I wish to apply for EU Treaty Rights but don't know what form to fill out?

A - There are three forms for EU Treaty Rights
* EU1 FORM – This form is to be filled up by each family member of a European Union, EEA or Swiss citizen who is not a national of an EU Member State and who intends to be resident in Ireland for more than 3 months.
* EU2 FORM—This form is to be filled out by a European Citizen who has been resident in the Irish State for more than five years.
* EU3 FORM—This form is to be completed by each family member of a European Union citizen who is not a national of a Member State and who has been resident in the State for more than 5 years.
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2. Q Where can I download the application form from?

A The forms are available here.

Form EU 1 - Application for a Residence Card
Form EU 2 - Application for a Permanent Residence Certificate
Form EU 3 - Application for Permanant Residence Card

You can find the application forms again by going to the website of the Irish Naturalisation & Immigration Service- INIS. www.inis.gov.ie and proceeding as follows:
* Immigration
* Residency
* Dependents of an EEA National
* EU1 Form, EU2 Form, EU3 Form

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3. Q What documents do I need to supply with the application form?

A Please refer to the information found at Documentation to support an EU Treaty Rights application.

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4. Q Do I have to submit my original documents or can I send in copies of them?

A You have to submit the originals but once we receive them they will be sent back out to you by registered post. This may take up to one month.

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5. Q How long does it take for my decision to be made?

A Due to the heavy volume of applications it can take up to 6 months. When a decision has been reached the section will be in contact with you. A letter with your decision & any original documents on file will be sent out to you by registered post.

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6. Q I want to get my passport / documents back

A Once we receive a new application with original documents enclosed, we check , copy and return the documents immediately.

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7. Q Can my case be prioritised?

A No. Applications are dealt with in chronological order of receipt.

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8. Q How can I find out the status of my application?

A To request an update on your application you can either phone the helpline on 01 6167700, option (3) and then option (2) or email the section at eutreatyrights@justice.ie. Please quote your reference number in all communications with our office.

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9. Q Where do I send my completed application to?

A
EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2

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10. Q If my permission to remain expires before I get my decision, what can I do?

A All applicants are in the State as application pending. You can attend your local Immigration Registration Office and you may be registered at the discretion of the Immigration Officer.

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11. Q What happens now in view of the European Court of Justice Judgment of 25 July 2008 in the case of Metock and others(C-127/08) if my application for a residence card(EU FAM) as a non EEA family member(permitted or qualifying) of an EU citizen had previously been refused in the period 28 April 2006 to 25 July 2008?

A
1. The European Court of Justice delivered its judgement on 25 July 2008 in the case of "Metock and others" (C-127/08). The decision means that the requirement for prior lawful residence in another Member State by non EEA family members (permitted or qualifying) of an EU citizen is not compatible with Directive 2004/38/EC.
2. Regulation 3(2) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 was amended on 31 July 2008 by S.I. No. 310 of 2008, European Communities (Free Movement of Persons) (Amendment) Regulations 2008.
3. A review will take place of all applications by qualified/permitted non EEA family members of EU Citizens where the refusal decision dated between 28 April 2006 to 25 July 2008. The applications will be reviewed under the terms of the relevant European Directive (2004/38/EC) and INIS will be in contact with all affected applicants concerned in due course.
4. All affected applicants are asked to advise INIS in writing if their address or circumstances have changed since their original application. All such communications in these matters should be addressed in writing ONLY (e-mail is not acceptable for this process) and sent via REGISTERED POST ONLY to the EU Treaty Rights Unit, P.O. Box 10003, Dublin 2 and clearly marked REVIEW- ECJ and their Application Number
5. Any non-EEA national who is a non EEA (permitted or qualifying) family member of an EU citizen but who is
* (a) the subject of an Irish deportation order, removal order or transfer order
or
* (b) has received a notice of intention to deport is invited to write to the:

EU Treaty Rights Unit,
P.O. Box 10003,
Dublin 2

detailing their circumstances. A review of the case will be undertaken under the terms of the Directive. Where the person is found to qualify for EU free movement rights to reside in Ireland the deportation order, removal order or transfer order will be revoked or the notice of intention to deport will be rescinded.
6. It is envisaged that the review process will take 3 to 4 months to complete starting from 31July 2008.

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12. Q What should I do if my circumstances change?

A If your circumstances change, such as a change of address or a change in family status, you must inform INIS in writing immediately. All such communications in these matters should be addressed in writing ONLY (e- mail is not acceptable for this process) and sent via REGISTERED POST ONLY to:


EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2

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13. Q Can I enter employment while my application is pending?

A If you have an application pending, you and your EU national family member can bring your:
* EU Treaty Rights application acknowledgment,
* Passport,
* Passport/ID of your EU national family member,
* Evidence of your relationship with your EU national family member

to your local Immigration Officer who may provide you with a 'Stamp 4' endorsement in your passport that is valid strictly for the period of your application, i.e. 6 months maximum.
This would enable you to enter employment for this period. Please note, receipt of a 'Stamp 4' for this period is not an acknowledgment of having EU Treaty Rights.This will be determined in due course when your application will be either approved or refused.

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EU Treaty Rights Section
Irish Naturalisation and Immigration Service-INIS
August 2008
Additional links

For details on the various Topics available in this section, please select from the links below

Documentation to support an EU Treaty Rights application

[asorin]

Fiind cetatean roman casatorit cu un cetatean EU (non-Roman si non-Bulgar) ai drept de munca automat, nu trebuie sa aplici nicaieri:
Romanian Nationals who do NOT need an Employment Permit:
A Romanian national who entered the State on or after 1st January 2007 and is the spouse/dependant of an EU national*, other than a Romanian or Bulgarian national.
Pentru mai multe detalii: http://www.entemp.ie/publications/labour/2008/employment_permit_information_Romanians_October%20 2008.pdf.

Din cate stiu de cand am intrat in EU romanii nu mai au nimic de-a face cu Immigration Service. Birocratia de mai sus se aplica cetateniilor non-EU. Cel mai bine ar fi sa te adresezi direct:
DETE, Employment Permits Section
Phone: +353 1 4175333
LoCall: 1890 201 616*
Fax: +353 1 6313268
Email: employmentpermits@entemp.ie

[aprilboom]

Elena, se pare ca daca aveti ceva bani in cont puteti aplica imediat ce veniti in Dublin.

Cel mai bine insa, e sa vina sotul tau, sa-si faca PPS (adica un numar de inregistrare sociala pe baza caruia platesti taxele si nu numai), sa-si gaseasca job, undeva unde sa locuiti (ai grija sa ai contract de inchiriere scris pe numele lui), sa-si faca cont in banca, primeste si ceva facturi de current pe numele lui, sa aiba citeva payslips si apoi dupa doua trei luni depui si tu cererea de "rezidenta si drep de munca". E bine sa ai ceva facturi si pe numele tau, sa spunem ca aveti curentul pe numele lui si gazul pe numele tau (asta e doar un exemplu, poate fi orice serviciu, telefon fix -Eircom, cablu TV UPC/NTL, Sky TV). Atentie mare ca e bine sa va faceti cont intr-o banca irlandeza cit mai repede dupa ce veniti si cred ca "joint account" adica cont comun pe ambele nume, e cel mai simplu si mai ieftin.

Cind primesti scrisoarea de acknoledgement faci cerere de PPS number pentru tine.

Scrisoarea o primesti in 7 zile daca atasezi la cererea EU1 si o scrisorica in care ceri actele inapoi cit mai repede si explici un pic ca vrei drept de munca pe baza drepturilor sotului tau conform Directivei 38/2004.

Din momentul acela poti sa incepi sa muncesti fara nici un permis de munca.

Succes,

Aprilboom

[elena]

Multumesc mult pentru informatii.Ne-am dacis ca maxim intr-o luna sa ne mutam acolo.Intr timp va trebui sa gasim ceva de inchiriat.
Ai ceva informatii,ce zone ar fi accesibile din punct de vedere material cat si al mijloacelor de transport?

[admin]

elena,

depinde in ce zona va gasiti munca. case sunt destule.

poti cauta pe www.daft.ie sau www.myhome.ie