Spouse Work Visa - PhD Student

cjh234

Hello,

My wife (Indian) has been accepted to 3 year PhD program and I (American) would like to come live and work in Ireland with her during that time.

Am I correct that she can apply for me to come live with her as a dependent?
Would I be able to seek employment under that authorization?

I have read several of the goverment websites regarding laws and regulations on work visas, employment and work permits, but still have some confusion.

I do not fall under the "Highly Skilled" occupations list, nor does my wife have any sort of work permit, except she is apprently allowed to work up to 20 hours per week with her study visa after registering with Garda.

Can anyone provide some insight on laws and the ease of a spouse being able to work?

Thank you.
CJH

Mr. Loverman

Have a read of this:

http://www.djei.ie/labour/workpermits/spousaldependantemploymentpermit.htm

cjh234

Thank you for the response. After reading the "Criteria For Eligibility" section of that website (partially listed below) I feel like there is no possible chance for an employment permit as spouse.

My wife, the Primary Permit holder, will not have any of the following unless she is granted a green card on her student visa to work:

"Criteria for Eligibility"
The primary permit holder must still be working within the terms of their employment permission and have (or had) one of the following:

• a valid Green Card Permit, or

• a third country researcher under the Scheme for admission for Third Country Researchers to Ireland (Hosting Agreement), or

• a valid Work Permit Employment Permit of 12 months or more duration where the first Work Permit Employment Permit application was received by the Employment Permits Section before 1 June 2009, and where the marriage took place before 1st June 2009; or

• a valid Working Visa issued before the 31st December, 2006, or

• a valid Work Authorisation issued before the 31st December, 2006, or

• a valid Intra-Company Transfer Permit of 12 months or more duration where the application was received by the Employment Permits Section before 1 June 2009, and where the marriage took place before 1st June 2009.

Mr. Loverman

They certainly don't make it easy to understand, do they?

I think the best option is to get her to contact the college and ask if they have any experience with this.

Mrs OBumble

OP, I don't know for certain, but suspect that you may be allowed to come but not to work.

cjh234

Yes, it is all very hard to comprehend, but aren't all legal matters. I will have her reach out to the school and Garda upon arrival, but we have not had much luck with the school.

I think I can certainly come stay with her no problem, but would not be eligible to obtain a work visa for legal employment in Ireland. A bit frustrating to say the least. If only my great-grandparents has not immigrated to the U.S.

If anyone else has any similar experiences, please do let me know. Thanks for the help!

The_Conductor

Were either of your grandparents (as opposed to great-grandparents) Irish citizens?

Are your parents still alive- and if so, presumably their grandparents are/were Irish citizens.

Persuade a parent to claim the Irish citizenship (which they are rightly entitled to)- do the paperwork and pay any fees necessary for them to make it as easy as possible for them.

Once you yourself have a parent or a grandparent who is an Irish citizen- you are automatically entitled to apply for Irish citizenship yourself (including an Irish passport).

Once you are an Irish citizen- you can come and go- and work as you choose, here.

You can hold dual Irish-US citizenship (Ireland allows it, the US turns a blind eye- but if using two passports- make sure you always enter and exit the US on your US passport- if you don't want to miss your flight).

Just one avenue for you to explore.

If you are coming over here anyhow- and don't manage to qualify for citizenship- you are entitled to apply for citizenship after 7 years of residency (please correct me if this time period has changed- its been changed a couple of times since the last Act in 1996). Residency is counted by Garda stamps in your passport in Ireland, or police stamps in the UK (UK residency also counts towards the total).

First step- if you have a parent still with us, is to procure Irish citizenship by descent for them- which then triggers Irish citizenship by descent for you........

cjh234

Thanks for the follow up information.

I did read about the Irish citizenship by descent. However, the way I read it was that a person becomes a citizen only as of the day their application is approved (does not date back to their birth) and anyone born to them, after that date, can apply and their can be no break in the lineage. So, in short, my grandfather would have had to apply for citizenship prior to my dad's birth and he prior to mine.

If I am incorrect about that, please let me know.

The_Conductor

cjh234 wrote: »

Thanks for the follow up information.

I did read about the Irish citizenship by descent. However, the way I read it was that a person becomes a citizen only as of the day their application is approved (does not date back to their birth) and anyone born to them, after that date, can apply and their can be no break in the lineage. So, in short, my grandfather would have had to apply for citizenship prior to my dad's birth and he prior to mine.

If I am incorrect about that, please let me know.

I wasn't aware of this- and I know that it didn't apply in 1996- though the rules have been revised several times since. It is worthwhile asking this question officially though (rather than here on the internet).

cjh234

The_Conductor wrote: »

I wasn't aware of this- and I know that it didn't apply in 1996- though the rules have been revised several times since. It is worthwhile asking this question officially though (rather than here on the internet).

Thank you for all the help. I will continue to look in to our options for being together.