Residency In Ireland for Non EEA Nationals Under the Start Up Entrepreneur Programme

start-up-entrepreneur-programme

The Start Up Entrepreneur Programme  is run by the Irish Naturalisation and Immigration service.

It allows non-eea nationals and their families acquire residency status in Ireland once they commit to starting a business in Ireland.

The non EEA National can apply for residency as an individual or can apply for themselves and their family. This includes their spouse or partner and minor children-children under the age of 18 years.

If you are successful you and your nominated family members will be granted residency in Ireland for two years; this will be renewable for 3 more years.

After 5 years residence participants in the program will be eligible for long-term residence in Ireland.

However this does not mean that participants are Irish citizens. You can apply for Irish citizenship under the normal rules and criteria for citizenship as set out in Irish Nationality and Citizenship Acts 1957-2004.

Who may apply for residency under the Startup Entrepreneur Programme?  People with a proposal for high potential start up in the innovation economy and funding of €75,000 are eligible.

However, if your business is in retail, personal services, catering or other businesses of this nature you will not qualify.

High potential start-up is a start-up venture led by an experienced management team, is capable of creating 10 jobs in Ireland and realising 1 million euros in sales within 3 to 4 years of starting up and is introducing a new or innovative product or service to international markets.

The application process has two stages

Number one is the application for investment in immigration approval.

This involves the candidates submitting application forms and all supporting documentation as well as details of their enterprise proposals for approval by the evaluation committee. There is an application fee of €350.

Stage 2 of the process involves the issue of residence permission provided that the required funding has been transferred to a financial institution in Ireland. The applicant will also need to submit an affidavit attesting to good character and no criminal convictions.

Documentation and evidence required to support your application will include a comprehensive business plan, the most recent audited accounts for a business if it is an existing business and evidence of funding of €75,000 or more. The applicant will also need to show that the funds are to be used for the proposed startup.

The applicant may also need to show where the funds have come from-that is to say, what is the source of the funds.

It is also necessary to submit a statement of character from the police authorities of each country in which the applicant has resided for more than 6 months during the previous 10 year.

If successful, the applicant will be given a visa allowing them to reside and work in Ireland for two years.

Spouses and minor children are also allowed to accompany the applicant. The residency permission can be renewed for a further three years provided the start-up business remains in place and an assessment by the evaluation committee has been carried out.

Also, the applicant will need to have maintained the good character and not have had recourse to publicly funded welfare programs.

The residency permission can, as I indicated already, be renewed for a further three years. Eligible family members include spouses or partners.

A spouse will need to show a marriage certificate while a partner needs to show evidence that they have lived in cohabitation in a common law or de facto relationship for the previous 2 years. The minor children of the applicant will also qualify for residency status provided that the applicant qualifies for residency status and provided that they are legally in the custody/guardianship of the applicant.

The applicant will need to supply a birth certificate detailing parentage and verifying the custody or guardianship of the children.

The decision of the Minister in respect of an application is final, however, an applicant may apply again at a later date.

Applications must be made to the Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2.

The application should be accompanied by the travel document of the applicant and any necessary supporting documentation.

EU Treaty Rights in Ireland for Non EEA Nationals-What You Should Know

EU Treaty Rights

If you are a Non EEA (European Economic Area) National you may qualify for permanent residency or even citizenship in Ireland.

An EC Directive-2004/38/EC-gives the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States.

In Ireland this Directive is given effect through the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the “Regulations”).

Article 5 of the Directive gives the Right of Entry to member states of the EU, Article 6 deals with Right of Residence for up to 3 months and Article 7 deals with Right of Residence for in excess of 3 months.

If you are a non EEA family member and have been given permission to remain under this EU Treaty Rights entitlement you will be issued with a residence card by your local immigration office with the stamp 4 EU FAM.

4 EU FAM

Holding a 4 EU FAM card means you do not need a visa (even if you are a visa required national) and you do not need an employment permit or business permission to work here.

After 54 months of residence you can apply for a permanent residence card (use Form EU3) in Ireland; after 60 months you can apply for Irish citizenship.

EU Treaty Rights

So, how do you obtain EU Treaty Rights?

You make your application by registered post to the EU Treaty Rights Unit, Residence Division of the Irish Naturalisation & Immigration Service.

You need to use Form EU1 to apply for a residence card, and it can take up to 6 months for a decision to issue.

While you are waiting for the decision you may be issued with a temporary immigration stamp on your passport which covers you while the decision is being made, that is a maximum of 6 months.

You can make the application yourself or through a solicitor and you will need a mixture of original and copy documents for your application.

You can also apply for a EU1 residence card if you are the de facto partner of an EU citizen but you will need to prove that you have been living together in a durable relationship which has subsisted for two years or more, and satisfy some other conditions.

You also need to apply for all children if you intend staying in Ireland for longer than 3 months with the children.

You can find more information about EU Treaty Rights for Non EEA Nationals at the Irish Naturalisation and Immigration Service web page here.

If you need a solicitor to assist you with your application, or submit it on your behalf, Terry Gorry & Co. Solicitors is happy to provide this service.

The European Commission has created a booklet explaining more about the right to the free movement of persons. You can download it here.