Stamp 0 Permission to Remain in the State for Elderly Dependant Parents
Stamp 0 permission to remain is granted to non-EEA nationals who are the elderly dependant parents of Irish citizens or individuals who are resident in the State pursuant to a lawful immigration permission such as a Stamp 1, 4, 5.
Dependant parents of EU nationals apply pursuant to EU Treaty Rights Free Movement laws and this process is fully explained under the EU Treaty Rights section of this website: https://sinnott.ie/immigration/eu-treaty-rights/.
In order for a person to qualify for Stamp 0 residence permission as a dependant parent, the individual must prove that they are supported financially by their Irish citizen/Irish resident sponsor and that there is evidence of social dependency also between the parties.
The Irish citizen/Irish resident sponsor must prove that they have earned in each of the three years preceding the application, a net income of at least €60,000 in the case of one parent and €75,000 in the case of two parents.
In addition to this where the elderly parent themselves has a guaranteed future income such as a pension or savings, or other financial resources, this may be taken into consideration by the Department of Justice and Equality in assessing an application. Similarly, savings and other financial resources of the sponsor will be taken into consideration so whilst the financial conditions are strictly applied in order to ensure that an applicant will not become a financial burden to the Irish government, the Department of Justice and Equality do look at the applicant and their sponsors financial circumstances as a whole in assessing each application on a case by case basis.
Applications for Stamp 0 permission to remain from elderly dependant parents who are non-visa required citizens, are generally required to be made from outside of the State, however have been accepted for processing on some occasions from inside of the State, depending on the circumstances of the application.
Visa required nationals must submit their application for a Stamp 0 permission to remain from outside of the State and if the application is approved then apply for a Long Stay D Visa in order to enter the State.
Stamp 0 applications from visa required nationals who are present in the State on a C Visit Visa, the Visa Waiver Programme or the British Irish Visa Scheme will not be accepted for processing and the applicant will have to leave the State in order to apply.
Once an application is approved and the applicant is present in the State, they will need to submit their original passport to the Department of Justice & Equality who will endorse it with the Stamp 0 permission to remain. They will also need to sign a conditional letter of offer and agreement form confirming that they will comply with the terms of the permission to remain.
After this applicants will need to register in person at the Garda National Immigration Bureau in Dublin or their regional immigration office to obtain an Irish Residence Permit (IRP card).
It is a strict requirement of the grant of Stamp 0 permission to remain that an applicant purchases a private medical insurance policy which provides full cover for medical care and treatment in Irish private hospitals. They will also need to prove the relationship to their Irish citizen or Irish residence sponsor by way of birth certificate and other family relationship documents depending on the country from which they are citizens of.
Financial documentation to evidence earnings and financial situation of the sponsor as well as paperwork related to an applicant’s financial circumstances and dependency on the sponsor are also required.
Whilst a Stamp 0 permission to remain will never allow a person to apply for Irish citizenship and is a temporary immigration permission which is renewed on a yearly basis, it is nonetheless an excellent option for non-EEA national elderly dependant parents who wish to reside in Ireland with their Irish citizen/Irish resident children on whom they are dependant.
In practice at Sinnott Solicitors, we find that Stamp 0 is an extremely popular immigration application for individuals who are citizens of countries such as India, Pakistan, Australia, US and other non-EEA countries which are a long distance from Ireland.
The reason for this arises in circumstances where many such dependant elderly parents are living alone, without nearby family members to support them, particularly China where a one child policy has been enforced for many years and where their only child and family member is living in Ireland and unable to visit them frequently or assist with daily life. In general, we find that these applications are successful once the financial criteria conditions can be met.
As outlined above the Department of Justice and Equality are flexible in assessing the financial circumstances of applicants and take into account situations where the sponsor may not fully satisfy the financial criteria themselves however combined with the income of their spouse or perhaps the elderly relative, the application may be approved.
Sinnott Solicitors have extensive experience in applications for Stamp 0 permission to remain for elderly dependant parents and if you are unsure of whether you or your elderly dependant parents may qualify for this immigration permission we would suggest a consultation with one of our immigration advisers who can assess your circumstances and provide advices on eligibility as well as looking after the entire process.
If you wish to avail of those services, please contact us by using our enquiry form, by email at email@example.com or by telephone at +353 1 406 2862.