The stamp that is put on your passport by an immigration officer will determine:
What you can and cannot do in Ireland
How long you can stay
The amount of time you accumulate on a stamp is important when you apply for citizenship by naturalisation as it will indicate ‘reckonable service’ for the purpose of the necessary calculation.
This is the lowest level stamp and you must be fully self sufficient from a financial perspective. You must have private medical insurance and cannot receive any public services-for example hospital treatment.
You cannot work or engage in business.
This Stamp is used if you are a visiting academic at an Irish university or college, live in Ireland as the elderly dependent of a non EU/EEA citizen, retire to Ireland as a person of independent means, work in Ireland for an overseas company for a limited time.
This stamp indicates permission to work or operate a business in Ireland, subject to conditions.
The conditions? You or your employer must have first obtained an employment permit for you or a letter of permission from INIS.
Stamp 1 is typically used when you have permission to work in Ireland based on an employment permit, work in Ireland on a working holiday authorisation, or operate a business in Ireland.
Stamp 1A is used for paid accountancy training situations, subject to certain permissions, and for a specified period of time. Therefore you will be a trainee accountant.
This stamp indicates you have finished your studies in Ireland and wish to seek employment under the third level graduate programme. It allows you to work for 40 hours per week.
You cannot receive any benefits or use publicly funded services
You can work in casual employment for 20 hours per week during school term, 40 hours per week outside school term.
Stamp 2 is typically used when you have permission to study the English language or a higher national diploma or a degree or a PhD.
Stamp 2A is used for those who have permission to study in Ireland on a non ILEP programme.
You must not engage in a profession, trade or business; nor can you avail of any public funded services or receive benefits and you must have private medical insurance.
Typically this stamp is used to allow you study in Ireland for a semester or to study at a private secondary school in Ireland.
Stamp 3 allows you to stay in Ireland for a specified period of time.
The conditions are that you cannot work or engage in a business, trade, or profession.
Examples of this type of stamp would be for volunteers, ministers of religion, joining your non EU/EEA spouse who is in Ireland on a work permit.
Stamp 4 is permission to stay in Ireland for a specified period of time.
You may take up employment, establish and operate a business, access state funds and services, work in a profession.
You may be given a Stamp 4 permission if you are joining your family member who is a refugee, to join your Irish spouse, civil partner or de-facto partner, to join your EU/EEA family member based on EU Treaty rights, to remain with a child who is a family citizen, under the Investor and Entrepreneur Programme, for long term residence.
You may also be given Stamp 4 permission if you have a valid critical skills employment permit for 2 years, with a valid employment permit for 5 years, and as a researcher for 2 years.
This stamp is a permission to stay in Ireland without any limit as to time.
Stamp 6 means you are a dual citizen with Irish citizenship and you will be given a stamp 6 in your non-Irish passport if you have applied to remain in Ireland without permission.
You should apply for immigration permission before you come to Ireland. If you are successful you must then register your permission to stay in Ireland. You do not need to register if you do not stay in Ireland for less than 90 days.
If your permission to stay in Ireland is granted a stamp will be put in your passport which will indicate the type of permission you have been granted; the various stamp types indicate
What you can and cannot do in Ireland
How long you are permitted to stay
Stamp 0 is a low level permission which allows a person to stay in Ireland for a specific and limited period of time.
You must be financially self sufficient and you cannot avail of any State benefits on this permission.
There are 3 types of persons who may qualify for stamp 0:
Elderly dependent relatives
Persons of independent financial means (threshold is generally €50,000 per person per year)
Visiting academics-they must be paid from outside the state and work here for less than 9 months
Excluded categories of persons are:
Individuals who are unlawfully present in the State
Individuals who are the subject of a deportation order
Individuals who have been served with a Notification to Deport (15 day letter)
If you are a visa required person you must make an entry visa application.
How to obtain Stamp 0 and register as a non-EEA national
Firstly, you must apply for permission in writing to
Residence Division (Unit 2) Irish Naturalisation & Immigration Service Department of Justice and Equality 13-14 Burgh Quay Dublin 2
You will need certain documents to go with your application-for example, reason for the request, any Irish connections, copy of your passport, etc.
If you are successful you will receive a letter of permission from the INIS (Irish Naturalisation and Immigration Service) and this letter will indicate whether your permission is renewable or not.
You must also register at your local immigration office and if your permission is renewed you must renew your registration.
Live with your spouse, family member, partner, or child
Marriage to an Irish spouse does not confer an automatic right to live in Ireland. You must apply and fulfill the criteria set out in the policy document.
Having an Irish civil partner does not confer an automatic right either; you can learn more about civil partnership and immigration to Ireland here.
How to apply
There are 2 possible circumstances:
You are a non EEA national who is already legally in the State. If this is your situation you must attend at Garda National Immigration Bureau Registration office with the following documentation:
Your original marriage/civil partnership certificate Your original passport Your Irish spouse’s/civil partner’s original passport Evidence of your joint address
You are a non EEA national, living in Ireland but who is not legally in the State; in this situation you must apply to Spouse of Irish National Unit Residence Division Irish Naturalisation & Immigration Service PO Box 12695 Dublin 2
You will also need other documentation such as
Completed, signed and dated (by applicant and Irish National) Application Form
Your original marriage/civil partnership certificate
Your original passport(s) and birth certificate
Your Irish spouse’s/civil partner’s original passport and birth certificate (Passport Cards are not acceptable)
Divorce papers from applicant and/or spouse (if applicable)
Evidence of Private Medical Insurance in respect of non EEA national
Evidence showing that Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of Policy Document on Non-EEA Family Reunification (e.g. P60s for last 3 years, bank statements for previous 6 months, P21 Revenue Commissioner statements, recent pay slips, financial accounts, etc – this list is not exhaustive)
If you have an existing deportation order your application will not be considered. You must apply to have the deportation order revoked to this office:
Acknowledgement Unit, Repatriation Section, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2
During the application process you cannot take up employment unless you are on a work permit.
If your application is successful you will be permitted to live in Ireland for 36 months and you may be granted a Stamp 4 status which will allow you to reside and work in the State without the requirement of a Work Permit.
You must also attend, with your spouse, at your local Garda National Immigration Bureau Registration office to be registered as resident in the State on the basis of being the Spouse of an Irish National or the Civil Partner of an Irish national.
If your circumstances change-for example separation or divorce-you must notify your Garda National Immigration Bureau Registration Officer within 7 days.
Live with your de facto long term partner
If your partner is a long term de facto partner, but not a Civil Partner or spouse, the application is slightly different as there is a scheme, De Facto Partnership Immigration Permission (DFPIP) to allow genuine long-term schemes to continue.
What is a de facto partner for the purposes of immigration in Ireland?
For immigration purposes a person may be considered the De Facto Partner, opposite or same sex, of another person if:
they have a mutual commitment to a shared life to the exclusion of all others akin to a marriage or civil partnership in practice though not in law and the relationship between them is genuine and continuing
and they live together or do not live separately and apart on a permanent basis and they are not related by family.
A de facto partner can be same sex or opposite sex.
The permission to reside in Ireland on this basis is dependent on the relationship continuing; if it ends, the permission also ends.
You need to note that applications from persons with an existing Deportation Order or a Notification of Intention to Deport under Section 3 of the 1999 Immigration Act will not be considered.
Live with your child
Applications for permission to remain in the State on the basis of parentage of an Irish Citizen Child from a Non-EEA parent who does not have an existing immigration permission must be submitted on the Irish Citizen Child Application Form to Residence Unit 4, INIS, 13/14 Burgh Quay, Dublin 2.
If you are a parent with an existing right of residency (stamp 1 or stamp 2 or stamp 3) can go to your local immigration office to apply to have your stamp upgraded to a stamp 4 which would allow you to take up employment.
You will need
your own Passport,
your current Irish Residence Permit (IRP) or GNIB Card,
your child’s Irish Passport,
your child’s Birth Certificate documentary evidence of your address in the State documentary evidence of your child’s address in the State (eg doctor’s letter or school letter)
If you do not currently have permission to live in the State you must apply for a right to reside and work in Ireland. Applications will be examined on case by case basis having regard to the individual circumstances and information set out in the application form.
Firstly, your application must be in accordance with the criteria and policy set out in the Non EEA family reunification document. If your application is successful you will receive a letter setting out the details of your permission and you must then register at your local immigration office.
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.
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 4EU FAM.
4 EU FAM
Holding a 4EU 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.