Without Condition as To Time

Without Condition As To Time (WCATT) Stamp 5 is placed in the passport of an individual who has completed 8 years (96 months) of legal residency in Ireland.

THE HOLDER OF THIS PASSPORT IS PERMITTED TO REMAIN IN IRELAND WITHOUT CONDITION AS TO TIME.”
This stamp is valid to the expiry of the passport in which it is placed.
Only immigration stamps in a passport can be counted towards a Without Conditions As To Time application.

The following stamps do not qualify for Without Conditions As To Timestamp (Stamp 5).

Stamp 0
Student – Stamp 2 or Stamp 2A
Temporary Registered Doctors – Stamp 4
Trainee Accountants – Stamp 1A
Intra Company Transfer – Stamp 4
Spouse or dependent of an Intra Company Transfer – Stamp 3
Temporary visitors permission granted at the port of entry

If you have any of these types of stamps in your passport they will not be counted towards the 96 months legal residence required.

A stamp 5 means that the holder has immigration permission to be in the State and the right to work without the need for an Employment Permit. It does not, however, confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant government departments or State agencies. Once a person is granted permission to remain on Stamp 5 conditions, it is generally renewed subject to the laws of the State being observed and other conditions being complied with as set out in your decision letter.

The following conditions will apply to your temporary permission to remain in the State:

That you will obey the laws of the State;
That you will not become involved in criminal activity;
That you will reside continuously in the State;*
That you will make every effort to gain employment and not be an undue burden on the State;
That you accept that the granting of your temporary permission does not confer any entitlement or legitimate expectation on any other person, whether related to you or not, to enter or remain in the State.

‘Continuous residency’ means living in the State for the period covered by this temporary permission to remain, allowing for reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried out within the State (which for Without Condition As To Time endorsement, does not exceed more than 4 months in a year). The permission is granted on the basis of genuine evidence that the applicant has been residing in the State for 96 months.

If your application/renewal is refused, you may be able to return to your previous permission (on the basis that you still meet the qualifying criteria for that permission, and have abided by the conditions attached to your previous permission). In order to revert to this permission, you should write to the relevant area of INIS seeking permission to remain in the State.

Can Without Condition As To Time Permission Stamp 5 be revoked?

It is important to note that this permission to remain in the State is granted to you subject to the result of enquiries as to whether or not you have obeyed the laws of the State, have been convicted of any offence and that you have not been involved in criminal activity. In the event that information comes to the attention of the Minister which is relevant to the granting of permission to remain in the State to you, the Minister may re-consider your status in the State and may revoke your permission. In the event that this occurs, the Minister may propose to deport you from the State.

The following, which is not an exhaustive list, are some of the types of information, which may lead to the Minister revoking your permission:

Information that shows that you have not complied with the conditions of your permission,
The information which relates to your character or conduct (whether prior to or subsequent to the granting of your permission), including criminal convictions,
The information which indicates that you have failed to register your permission to remain as required,
The information which indicates that you have provided misleading or inaccurate information to the Minister or to other authorities of the State.

A Without Condition As To Time permission does not confer any entitlement on any family member to receive a Without Condition As To Time permission. Each person must qualify for the endorsement in his or her own right and also does not confer any entitlement on any family member to receive a stamp 4 permission. Each person must qualify for a stamp 4 permission in his or her own right.

Once the application form is completed and the required documentation is submitted, the case is considered on its merits regardless of whether it was submitted by an individual or by a solicitor acting on his / her behalf.

Without Condition As To Time permission is only granted when the Minister is satisfied that you are of good character. If you have been convicted of a criminal offence in the State, your Without Condition As To Time permission will not be renewed. If you have been charged and are awaiting trial, your application will be placed on hold until the outcome of the trial. It is up to you to ensure that your permission to remain in the State is up to date at all times.

Applications will not be accepted from applications who do not hold current residence permission in the State.

Currently, there is no application fee. If you qualify for the endorsement, you will be required to pay the appropriate registration fee when you register the endorsement with your local immigration office

There is a legal requirement that you register the permission with your local immigration office.

What happens to applicants who are an undue burden on the State.

A person in receipt of social welfare payment, which is not related to their Pay Related Social Insurance (PRSI) contributions or is means-tested “is a person who is a burden on the Irish State” Persons applying for a renewal of a Without Condition As To Time endorsement and are in receipt of a means-tested payment will have their application considered in the context of their personal circumstances and the amount of means-tested social welfare they have been granted.

From the 1st May 2018 all applications (new and renewals) for Without Condition As To Time, must be submitted on the Without Condition As To Time Application Form

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