This report covers a new scheme for non-EEA nationals launched 15 October in Ireland.
On October 15, the Minister for Justice and Equality launched a new scheme to allow certain non-European Economic Area (EEA) nationals who came to Ireland to study between January 2005 and December 2010 to apply for permission to remain in Ireland.1 This scheme gives effect to a recent Supreme Court judgment.
The permission will be granted as a Stamp 4S Irish Residence Permit. Individuals who hold this permission will not require separate authorisation to work in Ireland.
Employers and immigration professionals need to be cognizant of these developments in Irish immigration practice and Irish Residence Permit immigration permissions to determine how they may affect their employees.
Eligible applicants may apply to the Minister for Justice and Equality for permission to remain -- including the right to reside and work -- in Ireland, and will be able to apply to renew the permission after two years. This opportunity to remain in Ireland could be seen as a welcome step by many EEA nationals who wish to make (or continue making) a home and be (or continue being) employed in Ireland.
The scheme opened on 15 October 2018, and only lasts until 20 January 2019. It is available to non-EEA nationals resident in Ireland who held a valid student permission during the period of 1 January 2005 to 31 December 2010, and who, in the intervening period, have not acquired an alternative immigration permission.
There is a non-refundable application fee of €250 payable on submission of the application. An additional €450 government fee must also be paid when submitting the application, but this will be refunded if the application is unsuccessful.
Successful applicants will be issued an initial two-year permission for a reduced registration fee of €300 (instead of the usual €600 for a two-year permission).
Successful applicants will be granted a Stamp 4S permission that will provide the individual with the right to live and work in Ireland without the need for an employment permit, for two years. At the end of the two-year permission period, applicants will be granted a Stamp 4 permission for one year if they can provide evidence that they have complied with the terms of the temporary Stamp 4S conditions.
Under this scheme, family reunification is not permitted – a spouse or partner and dependent children living outside Ireland cannot seek to join the applicant in Ireland. However, the family circumstances of persons present in Ireland will be taken into consideration. This means that when a person qualifies under this scheme, immediate family who have been residing with them in Ireland may be given permission to remain under the scheme.
To remain in Ireland, recipients of a Stamp 4S permission must:
* Please note that KPMG LLP (U.S.) does not offer immigration services or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Ireland.
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