UPDATE REGARDING ELIGIBLE SPOUSES AND PARTNERS OF GENERAL EMPLOYMENT PERMIT AND INTRA-COMPANY TRANSFEREE IRISH EMPLOYMENT PERMIT HOLDERS

NATURALISATION APPROVAL BASED ON STAMP 2A (SPOUSE OF PHD STUDENT)

Clients of Berkeley Solicitors have recently received a positive decision regarding a naturalisation application for a minor child of a Stamp 2A holder, based on their parent’s residence. It was previously thought that Stamp 2A was not reckonable for naturalisation purposes and this continues to be stated on the ISD website.

The applicant child’s parent was the spouse of a PhD student and held Stamp 2A on that basis.  We argued that the Stamp 2A permission was reckonable for naturalisation purposes pursuant to Section 16A(1) of the Irish Nationality and Citizenship Act 1956 (as amended) as the permission issued to the child’s parent as the spouse of a financially independent student, not for the purpose of engaging in a course of education or study. The application was ultimately successful.

We note that this is an extremely positive development, and we are grateful for the decision issued to our clients.

Please note that this legal argument would not apply to other categories of Stamp 2A holder who are themselves studying in Ireland.

For more information on citizen and naturalisation please see the link below:

https://berkeleysolicitors.ie/citizenship-and-naturalization/

If you or a family member have any queries regarding Stamp 2A and citizenship, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.