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Moving from Ireland to UK

Posted: Tue Aug 02, 2011 9:31 pm
by ghostriderinthesky
Hi All, I am not sure if this is the right section so please move it if needed.

Me (non-eu national) and my wife (eu-national) are currently living in Ireland, 2 years ago I was granted the EU1 fam card for 5 years in Ireland. I am working and my wife is on maternity leave at the moment (we just had a baby boy :) ). Recently, I have been getting a few good offers for jobs in the UK and we are considering now really considering moving there.

The question is, what would be the process for me being able to work in the UK as soon as we move there? Can I work there from the very first day or is there some kind of permission that we have to apply for to in advance?, if so what would be the requirements for the permission and how long it takes.

We would need also to consider that I would be the one supporting my wife as she wouldn't be working for at least the first year.

Any information will be greatly appreciated.

Cheers

Moving from Ireland to the UK

Posted: Tue Aug 02, 2011 11:58 pm
by nonspecifics
Congratulations!

What nationality is your wife - British?

An EEA national ( your wife) has the right to travel to the UK - no permits needed.

She also has the right to bring you with her.

UKBA like the non-EEA family member to apply for an EEA family permit before they come to the UK, but this is not in the EU Directive and if the EU national is travelling with you and you both have proof of identity and relationship, they should not be allowed to stop you entering the UK.

I'm not sure if you might have problems with airlines or the ferries without the EEA FP, someone can advise - though Ireland has a common travel area with the UK, so it might be ok.

UK follows the same EU Directive Rules, for the first 90 days there are no restrictions, so you can work straight away.

After the ninety days the EU national is meant to prove they are exercising Treaty Rights in some form.

In your case that's the tricky bit: your wife is the EU national and currently on maternity leave.

Is she getting Maternity Benefit based on the PRSI contributions she has presumably paid when working?

If she is, I believe that is not counted as public funds and she could still claim it while in the UK, as UK and Ireland have reciprocal benefit agreements.

If you do decide to stay beyond the ninety days and your wife is no longer on Maternity leave then she may lose her status as a worker.

You would need to consider how she will be exercising Treaty Rights to sponsor your right to live and work in the UK.

Jobseeker /worker

self-sufficient

If thinking of self-sufficient route get Ehic cards from the Irish health service for the whole family so that covers youse for Comprehensive Sickness Insurance in the UK, before you leave Ireland.

If she then has savings in her name, she can say she is self-sufficient and so that gives you the right to work and provide additional income to the family.


You should give consideration to the idea of staying in Ireland if you already have two years under your belt cos ( if the same as UK )after 6 years you could have citizenship and that makes things so much easier to travel around the EEA region.

Posted: Wed Aug 03, 2011 4:25 am
by Directive/2004/38/EC
Congrats on the baby! I am amazed you have the energy to post here!

The EEA Family Permit is an entry visa, good for 6 months. The good thing about it is that it is recognized by employers and so you can work from your day of arrival. The application looks big, but you actually do not have to answer a lot of questions (about what you and your wife have been or will be doing).

Will she be working in the UK, job hunting, or maternity leave still, or just be considered "self-sufficient"? All are good options, but she will have to eventually pick one before applying for a Residence Card

EEA FP

Posted: Wed Aug 03, 2011 12:46 pm
by nonspecifics
Yes, I would definitely recommend you get a Family Permit.

It will confirm your right to work legally.

These days employers need to keep a file recording the documents shown that proves they made sure you are not an illegal worker.

If they do not, they risk a big fine; so legitimate employers are often scared to hire if you don't have the paperwork proving your right to work.

The Residence Card would replace your FP for this purpose ( amongst other things).

Posted: Sat Aug 06, 2011 9:26 pm
by ghostriderinthesky
Thanks for the help guys!