Stamp 1
Stamp 1 indicates permission to work or operate a business in Ireland, subject to conditions. Stamp 1 is reckonable as a residence when applying for citizenship by naturalisation.
Summary of conditions
- You must not start a job or enter employment unless you or your employer has obtained an employment permit for you.
- If you do not have an employment permit you must not engage in any business, trade or profession unless specified in a letter of permission from INIS.
- If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
You may be given Stamp 1 if you have permission to:
- Work here based on an employment permit
- Operate a business here
- Work here based on a Working Holiday Authorisation
- Other
Stamp 1A
- Stamp 1A indicates permission in full time, paid accountancy training (in compliance with the immigration rules or regulated by the IAASA and with a training contract with a company based in Ireland) for a specified period, subject to conditions.
Summary of conditions
- You must not engage in any other business, trade or profession unless specified in a letter of permission from INIS.
- If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
- You may be given Stamp 1Aif you have permission to:
- Study accountancy as a trainee & be employed as a trainee accountant
Stamp 1G
- Graduate Student who currently holds a Stamp 2 or 2A permission
- Stamp 1G indicates you have finished your studies in Ireland and have permission to look for employment here under the Third Level Graduate Programme, subject to conditions.
Summary of employment conditions for graduates
- You can work full time in accordance with employment law provisions but are not permitted to operate a business or be self-employed.
- If you wish to continue working after Stamp 1G expires, you must find a job that requires an employment permit and then follow the usual application process.
- While on a Stamp 1G, your other permissions and conditions remain the same as for Stamp 2/2A.
You may be given Stamp 1G if you have permission to:
- Look for work as part of the Third Level Graduate Programme
2.) Spouse/de facto partner of a Critical Skills Employment Permit holder or a Spouse/de facto partner of Researchers in the State on Hosting Agreements
- From the 6 March, 2019 the Stamp 1G will also provide for the change in policy to both visa and non-visa required non-EEA nationals, who are Spouses and de facto partners of persons who are currently resident in this State, on Stamp 3 conditions, as the family member of a person resident in the State on the basis of a Critical Skills Employment Permit or a Researcher in the State on a Hosting Agreement.
- The requirement to obtain a DPSEP has been removed for this group by DBEI. INIS will grant eligible de facto partners of CSEP holders and researchers on Hosting Agreement permission, to reside in this State on Stamp 1G Conditions without the need to obtain a DPSEP from DBEI. This will allow access to the labour market without an Employment Permit.
Summary of employment conditions for spouses and de facto partners of CSEP holders and researchers on a Hosting Agreement permission
- Permitted to work in the State without the requirement to obtain a work permit
- Not permitted to establish or operate a Business
- Not permitted to be Self-Employed
- Renewal of the Stamp 1G registration should be applied for annually, and after 5years on a Stamp 1G, you may apply for a Stamp 4
- Periods spent on Stamp 1G are considered as reckonable residence for the purpose of making an application for Citizenship/Naturalisation
Provisions for 5-year workers
- Persons who have worked for 5 consecutive years or more with work permits (which can now include spousal/dependant permits) and who currently hold a valid work (or spousal/dependant) permit
or
- Persons who have worked for 5 consecutive years or more and currently hold a Work Authorisation/Working Visa issued under the Work Authorisation/ Working Visa Scheme.
And who have been working lawfully during that time will be exempted from the requirement to hold a work permit on the next renewal of their immigration registration. This applies equally to those who are still in employment and to those with a work permit who, having completed 5 years of work, have since been made redundant. Certain conditions will apply.
To avail of this concession the non-EEA worker must meet the following requirements:
- The person must have completed 5 consecutive years of employment in Ireland with work permits issued by the Minister for Enterprise, Trade and Innovation.
- A person who was made redundant before completing their 5 years of employment does not qualify for this particular concession but may qualify for an extended “grace period” under Section 2 below. For the purposes of this concession, a work permit that has expired in the previous 3 months will be accepted as “current”.
Evidence required from applicant:
- Your current Passport endorsed with immigration Stamp 1 and your current Irish Residence Permit (IRP) or GNIB Card and
- Your P60 form for the previous tax year and
- You must have a clean record as regards criminality and immigration.
Acceptable Gaps in Registration
It is recognised that there will be cases where the applicant has for one reason or another some short gaps in their immigration registration in the 5 year period. Some tolerance will be allowed in this area.
- No gap in residence permission can exceed 6 months.
- In certain cases where a person has been refused registration on a Stamp 4 basis due to gaps in their immigration history, or due to the fact that they are no longer economically active, the person may write to the Irish Naturalisation and Immigration Service, General Immigration Division, 13/14 Burgh Quay, Dublin 2 to have the details of their case reviewed. Each case will be assessed on its own merits and the Minister’s decision is final. Cases will be considered under this arrangement only where the total period of the gaps does not exceed 12 months.
- No backdating of permissions will be possible.
Immigration staff will have no discretion to apply this concession to cases where the gaps in registration exceed those set out above. The immigration authorities will not be in a position to engage in any examination of the reasons for gaps in registration.
- It is the responsibility of any non-EEA national to ensure that their registration is kept up to date.
- Any case that does not meet the eligibility requirements for the concession under Section 1 will fall to be considered under Section 2 and the migrant worker will require a work permit from the Department of Enterprise, Trade and Innovation.
Persons who satisfy the eligibility criteria for this concession will be issued a Stamp 4 immigration permission for 1 year signifying the right to be present in the State and to be employed without a work permit. Terms and conditions include:
- Permissions granted may be renewed annually.
- Persons granted the permission is expected to work and to support themselves and any dependents and, if made redundant, the person concerned must seek new employment.
- The holder of this permission cannot become an undue burden on the State.
- The holder of this permission will be free to work in any employment and will no longer be limited to the current employer. Should they subsequently be made redundant they are free to seek other employment.
- It is not a long term residence and it cannot be seen as any guarantee of permanent status.
- Stamp 4 in this situation allows the person to establish a business or become self-employed.
- The concession is being made irrespective of whether the person is currently an applicant for Long Term Residence.
Work Authorisation and Working Visa holders
To avail of the concession under Section 1, the non-EEA migrant worker must meet the following requirements:
Applicant must have held immigration Stamp 4 for five or more consecutive years on the basis of a work authorisation or working visa and be lawfully present in the State.
Evidence Required from the applicant
- Current Passport endorsed with immigration Stamp 4 and work authorisation or working visa sticker
- Current Irish Residence Permit (IRP) or GNIB Card
- Must have a clean record as regards criminality and immigration.
Acceptable Gaps in Registration
As per work permit holders. Again, the determination of eligibility will be on the basis of the stamps in the passport and the immigration authorities cannot enter into any consideration of the reasons for the gaps in registration.
Qualifying Applicants
Persons in this category already hold Stamp 4 permission. The effect of the concession in these cases is that the restriction as to the sector in which the person can work is removed. This will be signified by the insertion of the words “all sectors” on the work authorisation or working visa. Persons who satisfy the eligibility criteria for this concession will be issued a Stamp 4 immigration permission for 1 year signifying the right to be present in the State and to be employed without a work permit and without restriction to a particular sector.
The same terms and conditions as above apply to work authorisation or working visa persons.
Evidence required from the applicant
- Your recent work permit and recent payslip.
and
- You will need a redundancy notice showing that you have been made redundant involuntarily and a P45 form (applies to workers made redundant).
and
- The person concerned must have immigration permission Stamp 1 (Stamp 4 in the case of Work Authorisation/Working Visa persons) for that 5 year period and be lawfully present in the State.
Redundancy
- Those who have been living and working legally in Ireland for less than 5 continuous years on the basis of a work permit (with Immigration Stamp 1) and who have been made redundant.
or
- Persons with 5 or more years of residence but who fail to meet the criteria for section 1.
- Such persons are now being given a 6 month grace period by the Department of Enterprise, Trade and Innovation during which they can seek to find another employer. No labour market needs test is applied in the case of those made redundant. This period will operate from the date of being made redundant involuntarily. Persons who voluntarily quit their employment will not qualify. The non-EEA national should inform their local immigration office of the change in their circumstances without delay.
- Persons with more than 6 months remaining on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) and who have been made redundant will be permitted to continue to reside under their existing Stamp 1 permission for 6 months. Following completion of the 6 months “grace period” the permission will be liable to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.
- Persons who become redundant with less than 6 months left on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) will be entitled to have your immigration permission (Stamp 1) extended to ensure that they receive the full 6 months grace period. (The issue of a new Irish Residence Permit (IRP) or GNIB Card is subject to the normal fee of €300).
- If You are made redundant with 2 months still to run on your immigration permission. On presentation to an immigration officer or counter staff you will be entitled to be registered for a further 4 months on Stamp 1). At the end of the 6 month period, the non-EEA national will be required to leave the State unless they have in the meantime obtained a work permit to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.
Evidence required from a non-EEA national
- Redundancy notice or P45
- Most recent payslip
- Most recent work permit
- Passport and Irish Residence Permit (IRP) or GNIB Card
No extension of the 6 month period is permissible.
Work Authorisation or Working visa holders with less than 5 years immigration permission and who are made redundant.
Persons with more than 6 months remaining on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) when made redundant.
You will be permitted to continue to reside under your existing Stamp 4 permission for 6 months. Following completion of the 6 months “grace period” the permission will be liable to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.
Persons who become redundant with less than 6 months left on their immigration permission (as indicated on their GNIB card).
You will be entitled to have your immigration permission (Stamp 4) extended to ensure that you receive the full 6 months grace period. (The issue of a new Irish Residence Permit (IRP) is subject to the normal fee of €150).
- If a Non-EEA national is made redundant with 2 months still to run on their immigration permission. On presentation to an immigration officer or counter staff they will be entitled to be registered for a further 4 months on Stamp 4).
- At the end of the 6 month period, the non-EEA national will be required to leave the State unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.
Evidence Required from non-EEA national
- Redundancy notice or P45
- Most recent payslip
- Passport and GNIB Card
No extension of the 6 month period is permissible.