Ireland: Department of Justice to Manage Stamp 4 Permission Application Process

• DOJ to become sole arbiter. Following these changes, the Department of Enterprise (DETE) will play no role in the Stamp 4 permission application process, and affected applicants will be required to submit a Stamp 4 permission application directly to the DOJ, who will be the sole decision-maker.
• End of support letter requirement. Currently, CSEP holders, Researchers on a Hosting Agreement, and Non-Consultant Hospital Doctors Multi-Site General Employment Permit holders must request a support letter from the DETE in order to apply to the DOJ for a Stamp 4 permission – which is a type of renewable residence permit that allows either work for any employer or self-employment. After the transition to the DOJ, these permit holders will no longer need to receive a support letter from the DETE as part of applying for Stamp 4 permissions.
• New eligibility criteria. Currently, Stamp 4 applicants need to show 21 months of employment in Ireland on the basis of a relevant Employment Permit. During this period, they also need to register their Stamp 1 permission (a permission granted to employment permit holders) with the DOJ; however, this registration has no effect on the start date of the 21-month period. From November 30, 2023, however, the 21-month period will only commence when the applicant has registered their Stamp 1 permission with the DOJ.

• Engaging with one government agency. Submitting one application (to the DOJ) as part of the Stamp 4 application process instead of the current requirement to submit two applications (one to the DETE; the other to the DOJ) could potentially streamline the Stamp 4 application process.
• Similar documentation requirements. Documentary requirements for Stamp 4 applications will remain largely the same (except the DETE support letter, which will no longer be required). Applications to the DOJ will require information regarding pay (including pay slips), personal information (including passport copies), job title, Irish Revenue documentation, as well a letter of support from the applicant’s employer. It remains to be seen how the DOJ will conduct these assessments in practice and whether more detailed rules will be published.
• Possible requirement to apply for new CSEP in certain cases. A further effect of this new rule may be that, in certain cases, some foreign nationals might find themselves out of status as they might not meet the new 21-month eligibility criteria before their initial CSEP expires – namely where they have registered their Stamp 1 permission several weeks after the issuing of the original Employment Permit, (which can occur in certain cases, e.g. with visa nationals for example, due to the additional entry visa step). This may necessitate having to apply for a new CSEP to maintain the foreign national’s right to work until such time they meet the new Stamp 4 eligibility criteria. A case-by-case analysis is recommended.

Stamp 4 permissions are relevant for most highly skilled workers coming to Ireland on work permits, so any change to the application process is likely to affect a significant proportion of the foreign worker population in the country.

Fragomen will closely monitor developments and provide updates accordingly.