Long Term Residency Permission
What is long term residency permission
Applicants who have been legally resident in the State may apply for long term residency after they have lived in the State for a minimum of five years (60 months) on work permit/work authorisation or working visa conditions. Applicants who have been legally resident in the State for a minimum of five years on the basis of work permission may apply to the Long Term Residency Division of the Irish Naturalisation and Immigration Service for a five year residency extension. In that context, the Applicant may also apply to be exempt from employment permit requirements.
Long term residence is granted on the basis that a non-EEA National has completed a minimum of five years legal residence in the State on work permit conditions which is reflected in the corresponding stamp 1 or stamp 4 endorsement on a person’s passport. Periods of time for which a person has not been legally resident in the State cannot be counted towards an application for long term residency.
If successful, an Applicant will be granted permission to remain in Ireland on a stamp 4 permission which will be valid for five years.
Application for long term residency from spouses and dependents
A spouse or a dependent of the Applicant for long term residency may also apply for long term residency. In order to apply as a spouse or a dependent, the Applicant must be legally resident in the State as a spouse or dependent for the required 60 month period. A successful application for those who apply as a spouse or a dependent will be granted permission to remain on a stamp 3 basis. That particular long term permission does not exempt the spouse or dependent from employment permit requirements. The spouse or dependent in those circumstances would be required to obtain an employment permit if it is their decision to work.
In order to submit an application for long term residency as a spouse or a dependent, the Applicant must be the spouse or a dependent of an applicant who has already been granted long term residency on stamp 4 conditions.
Eligibility to apply for long term residency
The long term residency division will accept applications from the following Applicants:
- The Applicant must be an EEA National because EU Nationals are permitted to reside here anyway
- The Applicant has permission to remain on the basis of his or her marriage to an Irish National
- The Applicant has permission to remain on the basis of his or her marriage to an EEA National
- The Applicant has permission to remain on student conditions stamp 2 and stamp 2A
- The Applicant has been made redundant or has been lawfully resident and worked in Ireland for five years with an employment permit issued by the Minister for Enterprise, Trade & Innovation or has been lawfully resident and has worked in accordance with an employment permit for less than five years and has been made redundant involuntarily
- The Applicant has permission to remain under an Irish Born Child scheme and has had that permission renewed
- The Applicant was granted permission to remain under the Turkish Agreement (Turkish Association/Stamp 4 for one year)
- The Applicant was granted permission to remain under humanitarian permission to remain or was granted refugee status or entered the State under a family reunification scheme
- The Applicant has permission to remain on the basis of an intra company transfer
- The Applicant is working at a foreign embassy in the State
- Permission to remain issued under the Work Holiday Authorisation Scheme is not counted for the purposes of long term residency
- The Applicant currently resides in the State under visa permission
- The Applicant holds green card employment permits
Criteria for the grant of long term residency
An Applicant for long term residency must meet the following conditions:
- The Applicant must have a minimum of 60 months (five years reckonable residency on the date that the Applicant submits the application)
- Only legal residents in the State on work permit authorisation and working visa conditions will be counted as reckonable residence for the purpose of the long term residency application. Therefore the Applicant must either have a stamp 1 or stamp 4 permission before applying for long term residency. The Applicant’s permission to remain must be up to date when applying
- The Applicant must be in gainful employment
- The Applicant must be of good character
- Any period of time for which the Applicant does not have permission is not counted towards reckonable residence
- If applying as a spouse or dependent, the Applicant will be granted permission on stamp 3 conditions for five years which is a dependent stamp
If you want to speak to an expert regarding long term residency permission contact Sinnott Solicitors today!
Without Condition as to Time Immigration Permission
What is without condition as to time permission
An Applicant may qualify for without condition as to time permission and obtain a stamp 5 endorsement on their passport. If an Applicant is successful, the Applicant is then granted permission to remain in the State until the expiry of their current passport.
Criteria to obtain without condition as to time permission
The following criteria apply to an Applicant:
- The Applicant must have completed eight years legal residence in Ireland under the appropriate permission
- The Applicant is of good character
- The Applicant must have abided by the conditions of all previous permissions to remain the State
- The Applicant must be currently legally resident in the State when making the application. If the Applicant is on a stamp 4 or stamp 5 permission, the Applicant can only apply in the last six months of their current permission
Which immigration permission counts towards residence for a without condition as to time application
Only the following immigration stamps in a passport can be used towards a without condition as to time application:-
- Stamp 1
- Stamp 3
- Stamp 4
- Stamp EUFam
The following stamps do not count towards a condition as to time application
- Stamp 0
- Stamp 2 or 2A
- Temporary registered Doctors/Stamp 4
- Trainee Accountants/stamp 1A
- Intra Company Transfer/Stamp 4
- Spouse or Dependent of an Intra Company Transfer/Stamp 3
- Temporary Visitors Permission granted at a port of entry
Renewal of without condition as to time permission
All renewal applications must be submitted to the Residence Unit of the Irish Naturalisation and Immigration Service for processing. A person must have a current passport in order to renew a without condition as to time permission.
Successful without permission as to time applications
A successful Applicant will obtain a Stamp 5 meaning that the holder has an immigration permission to be in the country and the right to work without the need for an employment permit. It does not confer upon the holder any entitlement to any particular public service or funding. Once a person is granted a Stamp 5, it is generally renewed subject to the conditions of the Stamp 5 permission being observed. Those conditions will be set out in your permission letter.
Conditions attaching to without condition as to time permission
The following conditions will apply to any successful Applicant who obtains a Stamp 5 without condition as to time permission:-
- That the Applicant will obey the laws of the State
- That the Applicant will not become involved in any criminal activity
- That the Applicant will reside continuously in the State
- That the Applicant will make every effort to gain employment and not be an undue burden on the State
Continuous residency for without condition as to time Applicants
Continuous residency means that the Applicant must live in the State for the period covered by the permission which is 96 months legal residence in the State or eight years. All periods of reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried out within the State may be permitted. For without condition as to time purposes, that reasonable period is considered not to exceed more than four months in any year.
If you have any queries in relation to without condition as to time (Stamp 5) permission, then Sinnott Solicitors will be happy to assist you. Please feel free to contact us at firstname.lastname@example.org or +353 1 406 2862.
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