THE PROBLEM WITH STAMP 3 IMMIGRATION PERMISSION
Persons on Stamp 3 immigration permission are restricted from taking up employment or working in Ireland.
Our office has met many clients whose lives are severely negatively impacted by holding Stamp 3 permission.
Many adults, who wish to work and integrate into Ireland are prevented from doing so unless their area of expertise or work experience leaves the option of an employment permit open to them. Even then obtaining a work permit is not always possible. The vast majority of occupations are ineligible for employment permits.
Many people holding Stamp 3 have been offered secure employment but have been unable to take up their employment offers due to the restrictions placed on them by their immigration status.
We submit that to put adults, who are able and willing to work in this position is unnecessary and cruel.
It prevents individuals from getting to know people in Ireland and fully integrate. Employment gives people confidence and a sense of purpose. Being unable to work negatively impacts on a person’s mental well being. A large part of a person’s self-worth and sense of being is derived from their employment.
We submit that the Minister should promote the ideals of employment and self-sufficiency and should not leave adults who are able to work in such a position. Persons on Stamp 3 are required to remain dependent on family members well into their adulthood.
Young adults are most affected by the issuance of Stamp 3 permission at an extremely important and formative part of their lives. Our office is even aware of adults with children of their own being issued Stamp 3 permission to reside, leaving them unable to support themselves or their own families.
We submit that allowing persons to work serves in the best interests of the state as it will allow persons to contribute to the economy and promotes integration and the building of communities.
We submit that there is no risk to state resources, funding or expenditure in the granting of Stamp 4/ Stamp 1 without the need for a work permit to persons currently resident on Stamp 3 as the Minister can make it a condition of a person’s immigration permission that they cannot access State supports.
The absolute prohibition on work was found to be unlawful in respect of persons seeking asylum in Ireland in the case of of N.V.H. v Minister for Justice and Equality and ors  IESC 35 in which it was held that the ability to engage in work is connected to the dignity of the human person and that prohibiting a non-citizen, in this particular case an asylum seeker, from seeking employment is therefore contrary to the Constitution. We submit that the same reasoning should apply to individuals currently on Stamp 3 permission in the State.
We highlight in particular the Court’s judgment at paragraphs 15-17 in which it is stated:
“15…Much work is drudgery, often the subject of complaint rather than celebration, and most often an economic necessity as a means to live a chosen life rather than an end in itself. However even approaching the matter with a healthy dose of skepticism, it must be recognised that work is connected to the dignity and freedom of the individual which the Preamble tells us the Constitution seeks to promote.
Persons on Stamp 3 permission are not eligible to take up employment in the State until if and when he or she naturalises as an Irish citizen- given the current processing times this could amount to anywhere from 5 to 6 years if not more.
We submit that the restriction on work created by Stamp 3 immigration permission is unnecessary and unreasonable.
If you or a family member are affected by Stamp 3 immigration permission please do not hesitate to contact our office.