LONG TERM RESIDENCY FOR RETIRED PERSONS OF INDEPENDENT MEANS

We are currently advising several clients on applications for permission to reside in the State as retired persons of independent means. This specific situation is relevant to a non-EEA person, who does not seek recourse to employment, self-employment or public funds, but merely wishes to reside in the state, supporting themselves through independent means, for example income generated through rented properties, investments etc.

We recently contacted the Irish Naturalisation and Immigration Service (INIS) to establish if a specific application procedure applies here and what criteria must be satisfied. We referred to the INIS website that sets out the various forms of stamps and includes a retired person of independent means as covered by Stamp 3 permission.

We received a response from INIS this week that states that the appropriate stamp is in fact a Stamp 0 and that their website will shortly be updated to reflect the position. INIS stated that they do not have a distinct category of retirees for immigration purposes. INIS indicated that permission would only be granted on the express understanding that the applicant is not entitled to any State benefit and on the basis of full documentary evidence to confirm they will not become a financial burden on the State. The primary requirements were stated to be: financial self-sufficiency, comprehensive medical insurance, and good character. They clarified that there is no application form. They also clarified that it is open to non visa nationals to make an application from outside the State.

It is clear therefore that in order to attain stamp 0 in this capacity, an applicant must provide extensive documentary evidence, primarily substantiating their financial self-sufficiency, including details of all income and expenditure. It is necessary to have comprehensive medical insure, that INIS stated must be equivalent to Plan D VHI, HealthPlus Premium (http://www.vhi.ie/pdf/products/TOBHPpremium.pdf). The applicant must also be of good character and be able to provide police references from every country they have resided in during the twelve months prior to application.

If the application is successful residence will be granted for a maximum of twelve months, after which a renewal application must be submitted.

INIS stated in their response that this is to be regarded as a temporary status only. It is important to note however that Stamp 0 is not amongst the express exclusions for eligibility for citizenship by naturalisation and therefore any period spent on Stamp 0 should constitute reckonable residency. See our previous post that specifically addresses this point.

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