Tag Archive for: stamp 4

UPDATE TO ELIGIBILTY REQUIREMENTS FOR STAMP 4

UPDATE TO ELIGIBILTY REQUIREMENTS FOR STAMP 4

The Department of Justice have recently changed the eligibility requirements for a Stamp 4 upgrade for employment permit holders. Please note that Stamp 4 support letters are no longer required for this upgrade, and your Stamp 4 permission can be registered at your registration office.

Effective from 3rd April 2024, employment permit holders with a Stamp 1 or 1H permission who have completed 21 months of employment are eligible for a Stamp 4 upgrade at their registration office.

The eligible categories include Critical Skills Employment Permit holder, individuals resident on the basis of a Hosting Agreement as a Researcher, or a Multi-Site General Employment Permit holder as a Non-Consultant Hospital Doctor.

General Employment Permit holders can now obtain a Stamp 4 after 57 months as opposed to 60 months. This means that General Employment Permit holders do not have to apply for long-term residence to the Immigration Service Delivery and can instead upgrade their permission to a Stamp 4 at their registration office.

A significant change to this is that the time period is now judged from date of commencement of employment, rather than the date of registration of Stamp 1 permission, as it had been previously. This had been a significant issue for employees recently due to long delays in registration. Commencement of employment in the State will be determined via your Employment Detail Summary, available on revenue.ie/myaccount.

This blog has been drafted with reference to the following website:

https://www.irishimmigration.ie/update-to-eligibility-requirements-for-stamp-4-upgrades/

For further details on immigration permissions or stamps please visit the following link:

https://www.irishimmigration.ie/registering-your-immigration-permission/information-on-registering/immigration-permission-stamps/

Berkeley Solicitors are available to provide support and assistance to any employment permit holders looking to upgrade to a Stamp 4.

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

IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

 

The Department of Justice has provided up to date statistics from January 2022 to June 2022 in relation to, Residency and EU Treaty Rights, Visa, Citizenship statistics, International protection, and Removal/Deportation. The statistics were broken down by nationality, gender, and age group.

In relation to EU Treaty Rights Applications from January to June 2022, the data shows that nationals from Brazil, South Africa, and Pakistan were the top nationalities of applications received by the Department of Justice. 1356 applications were received from Brazil, 240 from Pakistan, and 153 from South Africa.

The statistics found that nationals from India, Egypt, and China were the top nationalities for Long Term Residency Applications. 30 applications for Indian nationals, 26 applications for Egyptian nationals, and 25 for Chinese nationals (including Hong Kong).

The total visas decided from January to June 2022 were primarily from India, Nigeria, and Turkey. With 21535 visas from Indian nationals, 3396 visas from Nigerian nationals, and 3019 visas from Turkish nationals. In total, most of the visas granted were for Indian (20736 visas), Turkish (2812 visas), and Chinese nationals (2477 visas). The most refused visas were for nationals from Nigeria (1568), India (799), and Pakistan (541), with an overall number of 5825 visas refused. The total decided re-entry visas from January to June 2022 were from Indian, Pakistani and Egyptian nationals.

From January to June 2022, there were 7039 citizenship certificates issued, mainly in respect of United Kingdom, Indian, and Pakistani nationals.

In total, there were 6495 applications received relating to International Protection Applications for 2022. Mainly from Georgia (1811), Somalia (938), and Algeria (698). Out of those applications, there were 1037 applications that have been approved, primarily from Somalia, Afghanistan, and Zimbabwe. Moreover, 1657 applications were refused primarily from Nigeria (216), Georgia (216), Zimbabwe (204).

In relation to Family Reunification Applications, there were 1137 applications submitted from January to June 2022, mainly from nationals of Somalia (489), Afghanistan (247), and Syria (69). 1911 applications for access to the labour market were submitted from January to June 2022, mainly from Somalia, Georgia, and Nigeria nationals.

There were 23 total removals effected, primarily from Romania, Lithuania, and Poland nationals. 54 deportations effected primarily from Pakistan, Nigeria, and Georgia nationals.

The book for the full statistics can be found here: https://www.irishimmigration.ie/wp-content/uploads/2023/01/Mid-Year-Review-Statistics-Booklet-2022.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

DECISIONS TO REVOKE EU FAM RESIDENCE CARDS AND IRISH PASSPORTS POTENTIALLY UNLAWFUL

Two recent judgements of the Superior Courts have called into question the legality of all decisions made by the Minister for Justice in retrospectively revoking EU Fam residence cards, immigration permissions, Irish passports and declarations of refugee status.

 

Please see our previous blog articles on the Supreme Court judgement in U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors [2022] IESC 25,  and the High Court judgement in AKS v the Minister for Justice [2023] IEHC 1.

 

If you have received a decision to revoke your EU Fam residence card on the basis that it was never valid or that it was cancelled with effect from a date in the past or have had your application for Irish citizenship deemed ineligible on the basis of revocation of your EU residence card, these decisions may be unlawful.

 

If a child previously held an Irish passport that was cancelled by the Passport Office as a result of revocation of their parents EU Fam residence card or permission to reside in the State, it is also possible that the decision is unlawful.

 

It is important to seek legal advice if these judgements are relevant to your case.

 

Please do not hesitate to contact Berkeley Solicitors if you have been impacted by these important issues.

 

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.

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

REVIEW OF THE ATYPICAL SCHEME FOR NON-EEA CREW IN THE IRISH FISHING FLEET

In a notice posted on the ISD Webpage on 14th October 2022 it was announced that a Review of the Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet has been conducted and published.

The report is a detailed assessment of the Scheme and has taken into account the submissions and views of various stakeholders, including the fishing industry, the relevant state bodies and the permission holders themselves.

It is apparent from the report that this is a complex area, with many stakeholders.
The report has been jointly welcomed by the Minister for Justice, the Minster of State at the Department of Enterprise, Trade and Employment and the Minister for Agriculture, Food and the Marine.

The notice states that the key recommendation of the report is that:
‘the employment of non-EEA crew in the Irish Fishing Fleet be provided for under the Employment Permit system, instead of the Atypical Working Scheme.’

Since its inception in 2016 there have been multiple and serious concerns regarding the operation of the A typical working scheme for non-EEA fisherman in the State. The legality of the operation of the scheme has also been challenged through High Court litigation.

The report outlines that 337 persons have been granted permission under this scheme since 2016. Half of the persons are Filipino nationals, with 85% being from either Philippines, Ghana Indonesia and Egypt.

In 2019, a number of changes were made to the scheme to attempt to alleviate the concerns and the serious issues raised by permission holders and NGOs. It also followed a report by Maynooth University into the area , which can be accessed here https://www.maynoothuniversity.ie/sites/default/files/assets/document/Experiences%20of%20Non%20EEA%20Workers%20in%20the%20Irish%20Fishing%20Industry.pdf

The report also highlights the media coverage of the industry and the risk of Ireland facing sanctions by U.S. authorities after a U.S.-based human rights campaign group filed a report with American authorities alleging exploitation of migrant workers aboard Irish fishing vessels.

The report has concluded that the most appropriate course of action is to end the A typical working scheme for Non-EEA fishermen.

The recommendation is that persons may apply to work and reside in the State as fisherman, by obtaining an Employment Permit from the Department of Trade, Enterprise and Employment. This will involve the removal of fishermen from the ineligible employment list and will result in the salary required to employ a fisherman in the state rising in line with Employment permit legislation, the minimum allowable salary being €30,000 per annum based on 39 hours per week. It would also result in the oversight of granting permission to individuals to work in the Stats as fisherman would be with the DETE. This would seem appropriate given that Department’s responsibility for the oversight of compliance with employment legislation.

Many stakeholders in their submissions argued that Stamp 4 should be granted on a general basis to all individuals currently here in the State under the Scheme.

The report has concluded that it cannot recommend a general granting of Stamp 4 permission on a universal basis to the holders of A typical permission to work in the State as fisherman. It has been concluded that this would treat this group of persons more favourably that other persons resident in the State on A typical permission, such as nurses and locum doctors.
The report has stated that it is view of the relevant authorities that it would not be possible to grant Stamp 4 generally to all persons resident in the State on A typical permission, as to grant a general Stamp 4 to healthcare workers would be in breach of international commitments.

Therefore, it is not considered ‘prudent to make one cohort of holders of permission under the Atypical Working Scheme eligible for a permission which cannot, due to international commitments, be made available to other holders of identical permission.’

Through the employment permit system, persons can apply for Stamp 4 permission after two years of holding critical skills permit and after five years of holding a general employment permit.
The recommendation is that non-EEA sea fishers could be eligible to apply for Stamp 4 permission after two years, which is the same criteria applied to critical skills permit holders.

We submit that the individuals who have already resided in the State for five years under this scheme should be granted Stamp 4 at this stage on an individual basis. We submit that the Minister has the ability to grant such permission in an individual case pursuant to Section 4(7) of the Immigration Act 2004 in an individual case.

The report states that 120 persons appear to be eligible to apply for naturalisation at this stage, given their period of residence in the State under this scheme. We submit it would be fair and reasonable that those individuals would be granted Stamp 4 pursuant to Section 4(7) of the Immigration Act 2004, given the processing time for naturalisation application and also the potential impact of absences from the State for the purposes of being granted naturalisation.

The full review can be accessed here
https://www.irishimmigration.ie/wp-content/uploads/2022/10/Report-of-the-Review-Group.pdf

The Minister’s notice can be accessed here:

If you have been impacted by the above, please do not hesitate to contact Berkeley Solicitors.

NEW IMMIGRATION SCHEME FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS FOLLOWING END OF BREXIT TRANSITIONAL PERIOD

On 23rd December 2020 the ISD published the Minister’s new scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State from 1st January 2021 onwards.

The rights of British citizens to reside in Ireland remains unchanged. The rights of family reunification with Non-EEA family members has now changed dramatically.

British citizens who exercised their rights of free movement to Ireland prior to 31.12.20 will continue to hold rights to family reunion equivalent to those provided for by Directive 2004/28/EC and the European Communities (Free Movement of Persons) Regulations 2015.

British citizens who have moved to reside and work in Ireland and who wish to be joined by their Non-EEA family members from 1st January 2021 onwards will have their family members applications considered and assessed under this newly published scheme.

A key point to note is that all applications are to be made from outside of the State regardless of an applicant’s nationality. This is a fundamental difference to applications from family members of Irish and other Non-EEA family members- applicants from “visa required” countries apply for visas whilst remaining outside the State, applicants from “non visa required” countries can travel to the State and make their application for entry at the airport. For non-EEA family members of British citizens, a visa application must be made for visa required nationals and a preclearance application is to be made for non-visa required applicants.

The policy specifically confirms that an applicant currently in the State on visitor permission cannot apply from inside the State for a change to a long-term permission.

Where a non-EEA national holds a separate immigration permission within the State for the purpose of study, work, etc., and subsequently becomes the spouse/civil partner/ de facto partner of a British citizen, a change of status request may be made.

The INIS Policy on Non-EEA Family reunification, last updated in December 2016 continues to apply to the non-EEA family members of Irish citizens and legally resident Non-EEA nationals.

This new policy specifically relates to non-EEA family members of British citizens.

There are no minimum Irish residency requirements for UK citizens seeking to sponsor a specified non-EEA national family member.

Financial thresholds:

For all categories of applications:

In order to sponsor a specified non-EEA national family member, a UK citizen must not have been totally or predominantly reliant on social protection benefits in the State or to equivalent benefits in another State for a continuous period of at least 2 years prior to the application.

Applications involving spouses/ partners only:

The WFP does not apply in the case of a married couple, civil partner / de facto partnership where there are no children and consequently a minimum level of assessable income for couples without children is €20,000 per annum, over and above any entitlement to State benefits.

Applications involving minor children/ dependent children up to the age of 22 of British citizen or partner/spouse of British citizen:

In addition, the sponsor must have earned a gross income in each of the 3 previous years in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for Working Family Payment (WFP).

4.6 A sponsor who wishes to reside with their dependent children in the State requires the net assessable income per week for their family size as set out by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment, as published on that Department’s website. The sponsor should comply with those limits including with respect to any changes to the WFP as published at (http://www.welfare.ie/en/Pages/Working-Family-Payment-Op.aspx.)

Applications for dependent parents (aged 66 and over)

A sponsor will be required to have earned in each of the 3 years preceding the application, an income after tax and deductions of not less that €60,000 per annum in the case of one parent. €75,000 per annum applies where two parents are involved.

The expectation is that this minimum level of income will be maintained for the duration of any permission granted under this Scheme. Where such income levels are not maintained, permission may not be renewed under the Scheme. At the date of application, the sponsor is also required to show that he/she is capable of earning a sufficient level of income to support his/her dependent family members for the duration of their proposed residence in the State.

Eligible applicants

British citizens moving to Ireland from 1.1.21 onwards no longer have the legal entitlement to apply for entry and residence for their wider dependent Non-EEA family members and members of their households. Eligible family members are specifically listed under the Scheme and the immigration stamp to be granted to the applicant if successful are also outlined:

  • Spouse, (Stamp 4D)
  • civil partner, (Stamp 4D)
  • de factor partner (2 years cohabitation required), (Stamp 4D)
  • minor children, (Stamp 3 up to age of 18, Stamp 4D at age of 18 “upon application”).
  • children between the ages of 18 and 22 in certain circumstances of dependency (also applies to the children of the spouse/ civil partner and de facto partner of British citizen) (Stamp 4D)
  • elderly dependent parents of British citizen or spouse/partner of British citizen (must be 66 years of age of older), (Stamp 0).

The policy is silent on the conditions of Stamp 4D permission and the INIS webpage has not yet been updated to outline the conditions of Stamp 4D permission and any material differences between Stamp 4D and Stamp 4.

Other additional requirements:

There are also additional requirements, not required under the 2016 INIS family reunification policy document, namely the requirement for the applicants to have health insurance in place to commence from the date of entry to the State and the requirement to provide a police clearance certificate for any country resided in for in excess of 6 months over the previous 5 years.

Fees are payable in respect of applications under this scheme, €60 per visa/ pre clearance application and the registration fees of €300 will be applied to successful applicants.

Full details on the scheme can be found via the below:

http://www.inis.gov.ie/en/INIS/policy-document-brexit-scheme-non-eea-family-british-citizens-seeking-immigration-permission.pdf/Files/policy-document-brexit-scheme-non-eea-family-british-citizens-seeking-immigration-permission.pdf

http://www.inis.gov.ie/en/INIS/Pages/joining-your-uk-national-family-member-in-ireland

Please get in contact if you or your family are impacted by this new scheme.

IMMIGRATION SERVICE DELIVERY ANNOUNCES CHANGE OF PERMISSION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

Immigration Service Delivery issued a new notice on 27th April 2020 confirming that a number of change of permission applications may be submitted electronically on a temporary basis until 20th May 2020.

The notice confirms as follows:

“In light of the uncertainties caused by the COVID-19 pandemic, as a temporary measure between now and 20th May 2020, applications for the following change of permissions may be submitted electronically to the Registration Office, Burgh Quay, Dublin ([email protected]):

 

From Stamp To Stamp
Stamp 1 (Critical Skill Employment Permit) Stamp 4 (after 2 completed years on CSEP and DBEI Stamp 4 support letter)
Stamp 1 (Employment Permit) Stamp 4 (after 5 completed years on Employment Permits)
Stamp 2 Stamp 1 (Employment Permit)
Stamp 2 Stamp 1A (Trainee Accountant Contract)
Stamp 1, 2 or 3 Stamp 1G (Spouse of Critical Skill Employment Permit holder)
Stamp 1, 2 or 3 Stamp 4 (Spouse of Irish National)

 All required documentation should be scanned and included in the application. All eligibility criteria will continue to apply.

 Where a permission has been granted, applicants will still be required to register the change as normal once the Registration Office in Burgh Quay and local Registration Offices reopen.”

 

This is a positive development for any clients who wish to submit an application for change of permission and who fall within the categories listed in the notice.

Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.

The full notice can be read here.

If you would like more information regarding an application for change of permission, please contact our office.