The Department of Enterprise Trade and Innovation recently posted an update regarding the application for employment permits where Applicants are the holders of a Stamp 4 permission to remain.
Ordinarily the holder of a Stamp 4 permission to remain in Ireland does not require an employment permit in order to work in the State. However circumstances may arise where a person may no longer be entitled to their Stamp 4 permission to remain, for example following the break down of a marriage, and may therefore wish to apply for an employment permit in order to continue to reside and work in Ireland. It has previously been Department policy to refuse to process applications for employment permits where the Applicant is resident in the State on a Stamp 4 permission to remain however the High Court recently ruled in the case of MD Liton Hossain -v- The Minister for Business Enterprise and Innovation that the Minister is not precluded from issuing a work permit to an applicant who is resident in the State on a Stamp 4 permission to remain or a residence card holder.
Following this judgment, the Employment Permit section recently posted the following announcement on its website regarding applications for employment permits from Stamp 4 holders:
Where an application for an Employment Permit is submitted from a holder of a Stamp 4 Permission the following additional information may be required:
- An explanation as to why the non-EEA National is seeking to make an application for an employment permit.
- Details of the non-EEA National’s current immigration status and a history of their engagement with the Department of Justice including the efforts they have made to renew of their Stamp 4 permission, or to seek to switch to an alternative permission i.e. Stamp 1.
- Additional relevant information in support of the application.
Sinnott Solicitors team of immigration specialists located in Dublin and Cork, frequently receive queries from non-EEA national Stamp 4 holders whose marriages have broken down and whose residence permission risks being revoked. Many such applicants are highly skilled and educated individuals working in roles which are eligible to be granted employment permits. When submitting an application to be granted an employment permit persons who are resident in the State on a Stamp 4 permission should include the above requested information.
Sinnott Solicitors have a specialist team of Immigration Solicitors and Immigration Consultants located in our Dublin and Cork offices who are experts on all Irish immigration matters including employment permits. Should you have any queries with respect to any of the information contained in this article or require assistance in applying for an employment permit, do not hesitate to contact our immigration department in Cork or Dublin today on 014062862 or firstname.lastname@example.org.