Government Clarifies Stamp 4 Status Applicants’ Residence and Work Rights and Recommends New Filing Deadline Due to Processing Delays

---

At a Glance

The Department of Business, Enterprise and Innovation in Ireland has announced that it is processing Stamp 4 support letters slower than usual as a result of the increased volume in employment permit applications. As a result of the slower processing:

• The Department has clarified that foreign nationals with a pending Stamp 4 status application can reside and work in Ireland once they have completed 20 months under their Critical Skills Employment Permit; and
• The Department is recommending that Critical Skills Employment Permit holders apply for a Stamp 4 letter of support four months before they need the letter, once they have completed 20 months on their Critical Skills Employment Permit. 

 

This only applies to Stamp 4 status applications made on the basis of a Critical Skills Employment Permit.

---

The situation

Citing an increased volume in employment permit applications and the resulting slower processing of Stamp 4 support letters, the Department of Business, Enterprise and Innovation in Ireland has issued an announcement regarding the processing of Stamp 4 support letters and the related application deadline.

A closer look

• Formal confirmation of interim residence and work rights. The Department has confirmed that foreign nationals with pending Stamp 4 status applications can reside and work in Ireland once they have completed 20 months under their Critical Skills Employment Permit.
  • Impact. This clarifies the government’s position on the right of Critical Skills Employment Permit holders with pending Stamp 4 status applications to reside and work in Ireland, as often the Critical Skills Employment Permit expires before Stamp 4 status is secured.
     
• Earlier Stamp 4 application timing. To compensate for the slower processing, the Department is recommending that Critical Skills Employment Permit holders apply for a Stamp 4 letter of support four months before they need the letter, once they have completed 20 months on their Critical Skills Employment Permit. Previously, applicants were advised to apply any time after completing 21 months under their Critical Skills Employment Permit. However, their Critical Skills Employment Permit would often expire before Stamp 4 status was secured.
  • Impact. Critical Skills Employment Permit holders and their employers must ensure that they gather the documents required for the Stamp 4 letter of support application earlier than they previously had to, and that they ensure compliance with the earlier filing deadline. Those who fail to file the application by the deadline might not be eligible for certain in-country benefits.

Background

The Critical Skills Employment Permit is suitable for highly-skilled foreign workers seeking to work in shortage occupations in Ireland. It is granted for two years, after which eligible foreign workers can apply for a Stamp 4 letter of support, which would change their permit to Stamp 4 status. This entitles the holder to live in Ireland and work for any employer without an employment permit or run a business for an initial period of two years, with the possibility of unlimited extensions.

Looking ahead

The Department expects that the delays in Stamp 4 issuance will be resolved by the end of January 2019. Fragomen will publish relevant updates on the situation.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].