FURTHER DECISION ISSUED IN WHICH MINISTER RETROSPECTIVELY AMENDS STAMP 2 A PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT

Berkeley Solicitors has received a second decision within two months in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission spanning over a period of two years.

In November 2019, we posted a blog on this issue which can be read in full here.

Our client is the spouse of a PhD student in Ireland and prior to being issued with Stamp 2 A, our client held Stamp 3 permission for a number of years.

Our client was never provided with an explanation for the change in permission nor was she provided with any information regarding the impact or consequences of this change of status.

Given that it is the practice for the Minister to issue Stamp 3 permission to Spouses of PhD Students, the significant decision to retrospectively amend our client’s permission is particularly encouraging.

We highlight that this decision provides our client with further years of reckonable residence, which she was deprived of through the wrongful issuance of Stamp 2 A. Our client is now able to proceed with an application for naturalisation.

We are delighted to see requests for the retrospective amendment of a person’s registration or permission being facilitated and it has become clear to us that this it is entirely possible for the Minister to issue such decisions where appropriate.

If you or a family member are affected by the issuance of inappropriate immigration permission please do not hesitate to contact our office.