Immigration Status


All non-EEA nationals need permission to remain in the State.  This is in the form of an endorsement in your passport (GNIB ‘stamp') confirming the conditions and period of time for which you have permission to remain in the State. The type of immigration status you have gives you a range of rights and it is your responsibility to ensure this is maintained. It is very important that you keep your immigration status up to date at all times.  For more information on different immigration stamps please go to INIS  
See section below on Maintaining your Legal Status. 
See also the Undocumented Migrants section.

New ECJ Ruling Regarding Parents of Irish Children

The recent European Court of Justice (ECJ) relates to a Belgian case in which two refused asylum seekers, parents of a child holding Belgian citizenship appealed the Belgian Court decision to refuse them residency status and the right to work based on their parenthood of an EU Child. The ECJ stated that a refusal to grant rights of residence and work to parents of an EU Child will in effect deprive the child of enjoying the rights and freedoms afforded by his EU citizenship. It is stated that Citizenship of the European Union requires the Member State allow third country National parents of EU children to reside and work in the country. This decision is binding to all Member States. As a result Ireland is obliged to afford rights of residence and access to the labour market to parents of children holding Irish citizenship. The practicalities of how this will implemented is part of the role of INIS. They have not issued a communication on this. This section will be updated as more information becomes available

PLEASE NOTE: The ECJ ruling is unique to children holding Irish citizenship. Not to all children born in Ireland.

 

Employment Permits and Green Cards
Citizens of a non-EEA country need an employment permit to work in Ireland. There are two main types of employment permits: The Work Permit and the Green Card (previously the Working Visa/Work Authorisation scheme). The Department of Enterprise, Trade and Innovation (DETI) administers the employment permit schemes. See the Employment Permits section of this website for more information


Non - EEA Students
All non-EEA nationals need permission to remain in the State, in the form of a GNIB stamp or 'endorsement' in your passport confirming the conditions and period of time you have permission to remain in the State. In addition you should must provide evidence of at least 80% attendance record from previous academic year.
For more information please go to the Students section of the INIS website.  
As the requirement for non-EEA students in Ireland change often, it is a good idea to look out for changes on INIS website

Non-EU/EEA Students Working in Ireland
Students from outside the European Economic Area are allowed to work while attending a full-time programme of at least one year's duration leading to a qualification recognised by the Minister for Education and Science. Non-EU/EEA students who are allowed to work will have a 'Stamp 2' in their passport. This allows them to work up to 20 hours a week during the term-time and up to 40 hours a week during their term holidays. Students not permitted to work will have a 'Stamp 2A' in their passport, which will show that the student is not allowed to enter employment. For more information contact Irish Council for International Students


Family Reunification
Family reunification is not an automatic right in Ireland. You may only apply if you have been living legally in Ireland, and there is no guarantee of a positive answer. All decisions are at the discretion of the Minister for Justice, Equality and Law Reform. The application process and your right to apply for family reunification depends on the type of residency you have, i.e. whether you are an EU/EEA national or non-EU/EEA national. For more information on the rights to family reunification and how to apply, please go to the INIS website.


De Facto Relationships
Non-EEA nationals who are in a de facto relationship with an Irish National, EU national or non-EEA national, may apply to Department of Justice and Law Reform for permission to remain in the State based on this relationship. De facto relationship refers to relationships between any two people who are not married but are in a durable attested relationship. Currently, to apply for de facto relationship status with an Irish National, you need to have been in a relationship for at least 2 years. If your partner is a legally resident Non-EEA national, the requirement is 4 years. If it is with an EU national the requirement is 3 years. See more on the INIS website.


EU Nationals and EU Treaty Rights
According to EU law, EU Citizens do not need to register their presence in the State with the immigration authorities. However the right of residence of an EU citizen remains subject to conditions. He/she must either be
• engaged in economic activity (employed or self employed); or
• a person with sufficient resources and health insurance to ensure that they do not become a burden on the social services of the host Member State; or
• enrolled as a student or vocational trainee; or
• a family member of an EU citizen in one of the above categories.


Romanian and Bulgarian Nationals - Right to Work
Romanian and Bulgarians have the same right to reside as other EU nationals but have different arrangements in terms of their access to the Irish labour market. For information relating to Romanian and Bulgarian nationals please go to INIS

Non -EEA family members can apply for a Residence Card, which will confirm that he/she is a family member of an EU citizen residing in Ireland. This Residence Card can be used in place of an Irish re-entry visa, where the holder wishes to leave Ireland on a short journey and return to the State. For more information and application forms, please go to INIS

Long Term Residency
If you have lived and worked in Ireland for a total of 5 years (60 months) on the basis of work permits/ work visa conditions you may apply for long term residency. This is longer term permission to stay in Ireland (5 years).
The 5 years legal residency (i.e. 60 months) on work permit conditions should be reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport (not by the dates of commencement and expiry of each work permit).
Dependants on Stamp 3 endorsements who have completed 60 months in the State are eligible to apply for a 5-year Stamp 3. This, however, does not exempt them from work permit conditions.
For more information on how to apply for long term residency go to INIS website.

Citizenship
Naturalisation means the process whereby a non-Irish-national living in Ireland may apply to become an Irish citizen, provided s/he has been physically resident in the country for 60 months. There is no guaranteed that a person will be granted citizenship when they apply for naturalization. Citizenship can be acquired by naturalisation, but also by descent, by marriage, and by birth in Ireland. Processing time averages two years.
If your application is refused you may apply again, e.g. if your circumstances have changed.
For more information and how to apply contact INIS   


Without Condition as to Time Endorsement (Stamp 5)
If you have lived in Ireland for a total of 8 years (96 months) you may apply for the Without Conditions as to Time (WCATT) Stamp 5.This entitles a person to remain in Ireland without any time conditions and the person can engage in employment activities without the need of an employment permit.
The 8 years legal residency (i.e. 96 months) on work permit conditions should be reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport (not by the dates of commencement and expiry of employment permits).
For more information and how to apply, go to INIS  

Provisions for 5 Year Workers (One Year Stamp 4)
Since August 2009, all non-EEA persons who have been working with a valid employment permit or a valid working visa/work authorization for 5 years or more consecutively and have been working lawfully during that time will be exempt from the requirement to hold a work permit. This applies equally to those who are still in employment and to those with an employment permit who, having completed 5 years work, have since been made redundant.

This provision allows for gaps in residency of 3 months in one year and up to a maximum of 6 months in the five years. Applicants who fall outside of this need to remain in the work permit system. In cases up to one year these can be sent to General Immigration Division for consideration. Persons who satisfy the eligibility criteria for this will be issued Stamp 4 immigration permission for 1 year signifying the right to be present in the State and to be employed without an employment permit.
For more information, please go to INIS


Maintaining Your Legal Status

Due to the complexity of the immigration system it is very easy to loose your legal status and there are many ways in which this can happen. There are a number of mechanisms and schemes to assist in preventing this happening.
Extending Permission to Remain
It is important to approach your local GNIB or immigration officer if there is problem with your immigration status. Immigration officers have discretionary powers to extend your permission to remain in the state and you can make a request for an extension of your permission to remain.
Redundancy Policy (Extension of permission to remain for 6 months)
This extends to those who have been living and working legally in Ireland for less than 5 continuous years on the basis of an employment permit (with Immigration Stamp 1).
People who all under this 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).   For more information, please go to INIS and DETI

 
Useful Contacts


Irish Naturalisation and Immigration Service
Department of Justice and Law Reform
13/14 Burgh Quay
Dublin 2

General Immigration Division
3rd Floor
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

Garda National Immigration Bureau
13-14 Burgh Quay
Dublin 2

EU Treaty Rights Section
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

The Long Term Residency Section
General Immigration Division
3rd Floor
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

Without Condition Endorsement Section
3rd Floor
Irish Naturalisation & Immigration Service
13 - 14 Burgh Quay
Dublin 2

De Facto Applications
3rd Floor
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay
Dublin 2

Employment Permits Section
Department of Enterprise Trade and Innovation
Davitt House
66a Adelaide Road
Dublin 2


This information has been prepared by the Migrant Rights Centre Ireland for information purposes only, with no guarantee as to accuracy or applicability to a particular set of circumstances. It is not intended as, and should not be considered to be, legal advice. The information may change from time-to-time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided.