Tag Archive for: stamp 2A

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

The Department of Justice has recently issued updated information regarding registration requirements for minors. Those who are required to register for the first time must do so as early as possible when they reach 16 years of age.

Children aged 15 years and younger are not obligated to register a permission unless specifically directed by the Minister. It continues to be the case that there is no published policy on the legal status of children who are under the age of 16. A child may be obliged to register under the age of 16 if they have been granted a permission to remain by the Minster and have been issued a permission letter which provides details in respect of registration or if they are residing in Ireland based on EU Treaty Rights.

The Department has now published a policy on the registration requirements for children who are 16 or older and their entitlements to Stamp 2A, 3, or 4 permissions upon registration. This is welcome as the Department policy in this regard has been unclear for many years.

The policy is set out as follows for children who have turned 16 years of age, upon registration:

  • Irish-born children with eligibility for citizenship who have not been naturalised will be issued a Stamp 4 permission.
  • Foreign-born children with eligibility for citizenship who have resided in the State for 5 years or greater and have not been naturalised will be issued a Stamp 4 permission.
  • Foreign born children of entrepreneurs with a permission under the Start-up Entrepreneur Programme or children of investors with a permission under the Immigrant Investor Programme will be issued a Stamp 4 permission.
  • Foreign born children of PhD student permission holders or those on ISD-approved scholarship programmes are obliged to register and will be issued a Stamp 2A permission.
  • All other foreign-born children who have resided in the State for less than 5 years are obliged to register and will generally be issued a Stamp 3 permission.

Please note that all children aged under 18 years of age who are required to register are exempt from paying a registration fee for all stamp categories.

For more information on this new policy, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/registration-requirements-for-minors/#first-time-16

If you have any queries relating to registration requirements or eligibility for naturalisation for minors, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

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.

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.