Tag Archive for: Non-EEA

MINISTER FOR JUSTICE ANNOUNCES BRIDGING PERMISSION FOR ENGLISH LANGUAGE STUDENTS

The Immigration Service Delivery have announced another bridging permission this year for English Language course students who have successfully completed a course and are subsequently enrolled in a Higher Education Programme commencing by end of October 2024.

The bridging permission is a short-term Stamp 2 permission granted until 30th September 2024.

This is relevant for English language students moving to higher education in the coming academic year, whose stamp will expire before they can commence their new course.

This permission is on the basis that applicants will be in a position to provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) and that the programme commences in September 2024.

Students wishing to avail of this bridging permission must have:

  • An in-date IRP card or a card that has expired within one month when applying for the bridging permission;
  • Successfully completed a 3rd English Language course listed on the ILEP or successfully completed a 2nd English Language course listed on the ILEP on or after 1st July;
  • Have enrolled in and paid fees in full for a Higher Education Programme listed on the ILEP;
  • Apply for a renewal (bridging permission) via their local immigration office.

The bridging permission will allow non-EEA nationals who have successfully completed their 2nd or 3rd English language courses and who are progressing to a Higher Education Course to remain in the State pending commencement of their course.

The full announcement can be found here:

https://www.irishimmigration.ie/english-language-students-stamp-2-bridging-permission-2024-update/

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.

DEPARTMENT OF JUSTICE ANNOUNCE EXCEPTIONAL AWARD OF STAMP 4 PERMISSION TO NON-EEA CREW MEMBERS UNDER THE ATYPICAL WORKING SCHEME

DEPARTMENT OF JUSTICE ANNOUNCE EXCEPTIONAL AWARD OF STAMP 4 PERMISSION TO NON-EEA CREW MEMBERS UNDER THE ATYPICAL WORKING SCHEME

On the 3rd of January, 2023, the Department of Justice announced that all those currently holding valid Stamp 1 permission to work as a non-EEA crew member in the Irish Fishing Fleet on or after 1st January 2023 will be granted Stamp 4 immigration permission.

 

This permission will be granted on an exceptional basis due to the closure of new applications for the Atypical Working Scheme (AWS) for such non-EEA crew. The AWS Scheme closed following an agreement to transfer responsibility for work permissions in this sector to the Employment Permit system. The granting of Stamp 4 permissions has been announced to provide certainty and security to employees and employers in this sector during this transitional period.

 

Stamp 4 immigration permission will be granted to any individual non-EEA crew member who currently holds a valid IRP card expiring on or after 1st January 2023. Any individuals who hold a letter of permission under the AWS Scheme issued on or after the 3rd of October 2022, will also be eligible for Stamp 4, as such letters are valid for 90 days from the date of issue.

 

Eligible individuals are advised to make an appointment as soon as possible at their local GNIB Office to be granted this permission. Those attending an appointment should bring their current, in-date passport, their most recent valid in-date letter of permission under the AWS Scheme, and their current IRP card (if applicable).

 

Any crew member whose AWS permission expired on or before the 31st of December 2022, and who has not renewed their permission, will not be eligible for the granting of a Stamp 4 permission. We find this to be a very disappointing decision as many persons who have worked for many years under the AWS who may have fallen out of the system through no fault of their own are not included in this policy and will be required to continue to  make their own individual cases to the Minister for Justice for Stamp 4 permission.

 

The full announcement from the Department of Justice can be found here:

https://www.irishimmigration.ie/sea-fishers-atypical-working-scheme-update/

 

Information regarding the closure of the Atypical Working Scheme can be found here:

 

https://www.irishimmigration.ie/closure-of-the-atypical-scheme-aws-for-non-eea-crew-in-the-irish-fishing-fleet/

 

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.

ISD ANNOUNCE INITIATIVE TO FACILITATE NON-EEA NATIONALS WITH PENDING RENEWAL APPLICATIONS TO TRAVEL DURING CHRISTMAS

ISD ANNOUNCE INITIATIVE TO FACILITATE NON-EEA NATIONALS WITH PENDING RENEWAL APPLICATIONS TO TRAVEL DURING CHRISTMAS

Immigration Service Delivery has recently announced an initiative to facilitate non-EEA nationals travelling during the Christmas period. The Registration Office is currently experiencing delays of 5-6 weeks in processing renewals of IRP cards. ISD has stated that after such renewals are completed, it may take a further two weeks to receive a new IRP card in the post.

 

Due to these delays, the Minister is issuing a Travel Confirmation Notice, requesting carriers to allow individuals to travel on their recently expired IRP where a renewal application for their IRP was submitted before the expiry of their current permission. This initiative has been introduced to facilitate nationals who are required to renew their current permission and who wish to travel internationally during Christmas.

 

Non-EEA nationals may use their current recently expired IRP card to enable them to travel from 9th December 2022 to 31st January 2023, provided an application for renewal was submitted in advance of the expiry date of their IRP card.

 

Those wishing to avail of the initiative must download and print the notice published by ISD, and present it along with their expired IRP card and proof of their renewal application to immigration authorities and airlines if requested to do so.

 

The ISD notice can be found here:

 

https://www.irishimmigration.ie/isd-announces-initiative-to-facilitate-customers-travelling-at-christmas/

 

Further information on this initiative can be found here:

 

https://www.irishimmigration.ie/wp-content/uploads/2022/12/FAQs-Travel-Arrangement-Form-09-December-2022-to-31-January-2023.pdf

 

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.

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

EXCLUSION OF NON-EEA FISHERMEN FROM THE LONG-TERM RESIDENCE SCHEME

The Atypical Worker Permission Scheme for non-EEA fishers states the non-EEA migrants need an Irish work permit, visa or immigration permission to work on a fishing vessel that operates in or passes through Ireland’s territorial water or docks at an Irish port.

To qualify for the scheme, a non-EEA fisherman must be directly employed by the holder of a sea-fishing boat license in Ireland for at least 12 months. To switch to a different sea-fishing employer, non-EEA fishermen must complete an online application form. This form takes at least 20 days to process with no guarantee of approval. A Government Task Force appointed to investigate the Atypical Working Scheme for non-EEA crew noted that the procedures in place for changing one’s employer on their fishing permit are not reliable in practice.

Prospective workers admitted to the Atypical Worker Scheme for non-EEA crew in the Irish fishing fleet are unable to seek work in Ireland in a different industry, regardless of how long they have been working in the State. Limited supervision of the fishing industry leaves workers, especially non-EEA and migrant fishers, vulnerable to unfair and dangerous working conditions.

It is our belief that persons who are working in Ireland in the fishing industry on the basis of the atypical permissions scheme are being treated less favourably and are suffering disproportionate prejudice by being restricted to their employers indefinitely.

We note that the holders of Critical Skills Employment Permit holders receive stamp 4 permission after two years employment and holders of General Employment Permits receive Stamp 4 after 5 years of employment.

We note that persons eligible for regularization under the Minister’s Scheme for Undocumented people will receive Stamp 4 permission and free access to the labour market.

Meanwhile, it appears that there is no pathway for persons resident in Ireland as fishermen under the  a atypical scheme to move on to Stamp 4 permission after several years of legal residence and employment in the State.

There is no rationale as to why fishermen resident as atypical workers do not receive the same employment and residence opportunities. We see no lawful reason to restrict non-EEA fishers from progressing their careers in the State. We submit it is dangerous and unhelpful that the residency of non-EEA fishermen in Ireland rests completely on their continued employment with one employer only.

EFFECTS OF BREXIT FOR NON-EEA FAMILY MEMBERS OF UNION CITIZENS RESIDENCE IN IRELAND

UPDATE- INIS has provided a welcomed update on the effects of Brexit on Non-EEA family members of British citizens seeking EU Treaty Rights currently residing in Ireland.

On the 31st of October, the United Kingdom will leave the EU and become a third country unless a draft withdrawal agreement is ratified prior to this. Brexit has left many unanswered questions for Non-EU/EEA British citizen family members.

Although currently entitled to avail of the European Communities (Free Movement of Persons) Regulations 2015, a no-deal scenario would mean that Non-EEA family members of British citizens will no longer be able to exercise EU treaty rights. Encouragingly, if you are currently a Stamp 4 EUFam card holder, INIS advises that you should have no concerns regarding your continued residence after the 31st of October in the State.

The Department of Justice and Equality has been contacting holders of Stamp 4 EUFam residence cards confirming that “transitional arrangements” are being put in place in the event of a no-deal Brexit. These arrangements will facilitate the transfer of free movement rights under domestic immigration arrangements. The objective of these transitional arrangements is to retain similar rights to those currently enjoyed as a non-EU/EEA family member of a British citizen.

If you are a non-EU/EEA British citizen family member and currently reside in Ireland, any changes in your personal circumstances, such as your civil status, your citizenship or that of the British citizen family member should be brought to the attention of EU Treaty Rights Division.

INIS has recently reaffirmed that where applications are pending, no action is currently required.

For more information, please read here

You can contact EU Treaty Rights Division by email at [email protected] or by post at:

EU Treaty Rights Division
Irish Naturalisation and Immigration Service
13/14 Burgh Quay
Dublin 2.