STAMP 0 UPDATE

I refer to our blog posts that referred to confusion around the introduction of Stamp 0. As previously noted, we wrote to the Department in order to seek express clarification in this regard and I am happy to confirm we have received a helpful response.

The letter notes that Stamp 0 has no provision in the Irish Nationality and Citizenship Act 1956 (as amended). However, this also means that the permission is not amongst the express exclusions for eligibility for citizenship by naturalisation and is thus ‘not excluded from reckonability’. It is further stated in the letter that naturalisation is a discretionary determination, which is why INIS has sought to ‘dampen expectations that Stamp 0 would lead to citizenship, and it is being granted on the basis that naturalisation would not be the probable outcome’. 

However, as with any resident who is granted reckonable permission, anyone within the state on stamp 0 permission is entitled to apply and have their case decided by the Minister on their own merits, in a manner identical to that of all such applications. 

Our arguments in respect of the confusion and lack of clarification on the INIS website in this regard have been accepted and furthermore assurance has been provided that this issue will be addressed shortly. 

Therefore, it has been established that Stamp 0 is accountable in respect of reckonable residency, and all naturalisation applications on the basis of this permission will be determined within the Minister’s discretion, as is the standard procedure with all naturalisation applications.

Naomi Pollock

Brophy Solicitors

UPDATE ON STAMP 0 AND STAMP 3 RESIDENCY PERMISSIONS

Recently we have received queries from confused clients whose Stamp 3 permission has been changed to the ‘low level immigration permission’ that is Stamp 0. There are notably much similarity between these permission types, hence there is much confusion as regards to which stamp may be applicable to various circumstances.

In order to provide clarification, it is firstly necessary to understand what exactly each permission entails:

STAMP 0

Stamp 0 residence permission was implemented by INIS in December 2011. The procedure implement the stamp was vague, and unfortunately not much clarification has since followed.

What do we know?

According to the INIS website guidelines, Stamp 0 is ‘a low level immigration permission that allows a person to remain lawfully in Ireland for a specific temporary and limited purpose. It is not intended to be a pathway to any more permanent form if immigration’.

This appears to imply that stamp 0 does not provide reckonable residency required for naturalisation. However, on the contrary, it has been confirmed to us by the Department previously that the stamp does indeed count for reckonable residency. We are currently seeking clarification from the Department on this point.

There is no specific application process but rather the applicant will seek permission in the normal way.

It is noted a service provider, or academic, or an individual in exception humanitarian circumstances are examples of those who may avail of this permission.

Holder of the permission may not work or engage in a trade, business or profession, unless specified in INIS letter.

It is further noted that the stamp is provided on the basis that the holder receives no State beneifts, and that they are self sufficient through personal resources of financial support from an employer or family while present in the State.

As with all Immigration permissions, breaching a condition of the permission may result in a permission being revoked or not being renewed.

STAMP 3

A holder of stamp 3 per mission is entitled to remain in Ireland on the basis that they do not enter employment, nor engage in any business or profession and do not remain later than the specified date.

Main categories of those who are granted this permission include: non EEA visitors, non EEA retired person of independent means, non EEA Minister of Religion and member of religious order, non EEA spouse/dependent of employment permit holder.

Stamp 3 permission is reckonable, and thus after 5 years a holder is eligible to apply for naturalisation. 5 years of stamp 3 permission also entitled one to apply Stamp 3 Long Term Residency, which is valid for a further 5 years.

It is submitted that the vital differences in these permissions is that Stamp 0 does not provide for a more permanent form of residency and it not reckonable.

Confusion?

In consideration of the above information, in what regard has there been confusion in relation to these permissions?

Firstly, as regards clients who have been granted Stamp 0, the renewal process in certain cases, where there has been no change regarding the conditions at the time of granting of the permission, has been met with some difficulty, with the Department providing new application numbers, inferring it is indeed a new application, rather than a more straightforward renewal process.

Secondly, we have seen stamp 0 issued to many non EEA retired nationals of independent financial means, and non EEA dependents on employment permit holders in that state. This seems contrary to the INIS guidelines which explicitly state such persons are eligible for stamp 3 permission. Additionally, people who have been granted stamp 3 person on such basis have prior to the impending renewal of the permission been notified that their status will change to being that of stamp 0. We find it confusing that the decision has been taken to make such amendments, when there has not been any significant change in the circumstances of such persons. There is much confusion as to whether this new permission is applicable regarding reckonable residency. As noted above, we are seeking clarification on this point, and will post on this matter once we have received an adequate explanation.

We urge that greater clarification for this change in permission be provided. The guideline note appears to provide information contrary to that which has been stated by the Department. We further stress the need for a more straightforward stamp 0 renewals process, as the current manner with which it is being dealt with cannot be deemed as an efficient nor effective system.

Naomi Pollock

Brophy Solicitors

The Mystery of the "Stamp 0"

We are confused and concerned about the application of the new residency “Stamp 0” and in particular, the recent grants of this stamp to two clients who are dependent family members. On reading the guidance, it appears that a grant of stamp 0 to such dependent family members is inappropriate and misguided.

According to INIS, the new stamp was created in December 2011 as our blog post reported. It is described as a “low level immigration permission” that permits individuals to remain in the State only for a “specific, temporary and limited purpose”. The guidance explains that the holder cannot work or engage in any business or trade without specific permission, they must be of independent means or fully supported by a sponsor in the State, and finally the holder is not entitled to receive any State benefits and must have private medical insurance.

The guidance goes on to give examples of the types of people who may be eligible for this mystery stamp. They include a “service provider” sent to Ireland by an overseas company to carry out a particular task. Which is confusing, because presumably such a service provider would need permission to work and is therefore not suited to a stamp that specifically stipulates a prohibition on employment. And the stamp is also envisaged for “visiting academics”, who, we also guess are working too. Or are they just on their holidays?

And what is the application process for this mystery stamp? According to INIS, “there will be no specific application process for a stamp 0. “  And what happens at the end of the stamp? It is stated simply that “it is not intended to be a pathway to any more permanent form of migration.”

The guidance is unclear and confusing and this is of concern to us.

We have recently had two clients issued with stamp 0. Both are elderly persons who are wholly dependent both financially and emotionally on their Irish citizen family members who are permanently resident in the State. Such dependency is increasing with age and is likely to continue indefinitely. There is no intention or prospect of our clients returning to their countries of origin. They intend to reside in the State indefinitely, financially self-sufficient and dependent on their families. This much has been categorically stated to the Minister.

We are therefore unclear and concerned as to why a stamp 0 has been issued in each case. It appears, from the guidance, that such a stamp is entirely inappropriate. The clients have categorically stated that they are not here for a temporary or limited purpose. They are here as dependent family members and have an expectation that they will be permitted to settle in the State by applying for some more permanent form of residency, for example citizenship. Yet the guidance on the stamp 0 specifically precludes using the stamp as a pathway to a more permanent form of residency. What, therefore, are the clients expected to do at the end of their stamp 0?

Our expectation for these clients was that they would be issued with a Stamp 3 by the Minister. They would therefore later be in a position to apply for a more permanent form of residency, for example citizenship, relying on their accrual of the appropriate period of reckonable residency on a Stamp 3.

We note that the restrictions that apply to a holder of a stamp 0 tally closely with those of Stamp 3. In fact, there appears to be little difference between the two stamps except for the emphasis in the stamp 0 guidance that it permits only temporary residence for a specific and limited purpose and is not intended to lead to any more permanent forms of residency.  It is unclear therefore whether a period on a stamp 0 will be classified as a period of reckonable residency that would ordinarily accrue towards a more permanent form of residency, such as citizenship. It is this particular aspect of stamp 0 that is causing us unease.

We have therefore written to the Minister to seek clarification on the application of stamp 0. We will also be making a Freedom of Information request in order to obtain the full internal guidelines for deciding officers on the circumstances in which stamp 0 is to be applied. We will keep you updated and ask you to contact us should you have any queries regarding the mystery stamp 0.

Brophy Solicitors

18.09.12