Delays on Issuing Temporary Stamp 4 and EU FAM Five-Year Cards

We have noted considerable delays within the EU Treaty Section which is a cause for concern for many of our clients. Rather than decisions on their applications after 6 months, some have received temporary two month visas and a request for further documents! Original documentation was always returned rather promptly but we have daily requests from clients seeking the urgent return of important documentation which remains with the Department for several weeks. We hope that matters proceed as normal and within reasonable time frames as soon as possible as such delays cause genuine problems for clients who wish to travel, work and maintain their employment in the State.

EU TREATY RIGHTS – DELAYS IN ISSUING STAMP 4 PERMISSIONS/TEMPORARY PERMISSIONS

The Irish Immigration Blog

We have recently encountered cases where a non EU National is entitled to make applications for  (1) a residence card (EU FAM Card), (2) a Permanent Residence Certificate according to Article 16 of the Directive  and (3)  an application for residency based on his/her parentage of a Union citizen child.  The non-EU national will be either separated or divorced from his/her spouse. 

In one such case, our client, lawfully residing in the State for 12 years, firstly as a student and then as an EU Family member was eligible to apply under all three categories.  Despite having submitted clear documentation to evidence that his wife exercised her EU Treaty Rights for 5 years and also having submitted evidence that she is currently exercising those rights in the State, his applications for an EU Fam card and permanent residence to which he is entitled were refused on failure to submit sufficient documentation which included a P60 for a particular year and a further proof of residence, both in respect of the Union citizen.   On submitting a review of the decision which clearly overlooked all other evidence, supporting documentation and legal submissions, 7 weeks later, a letter from the EU Treaty Rights Section provides for a temporary Stamp 4 while our client’s review is pending. During this time, our client, having worked with the same company for 12 years, was advised by his employer that his contract would have to be terminated.  Our client is now unemployed but subject to maintenance payments in respect of his child who resides in the State with his mother.  This reflects the reality of a situation when such applications are refused for the most minor, disproportionate reasons coupled with the Department’s refusal to issue temporary Stamp 4 permissions within a reasonable time in order to satisfy employers and to provide evidence of one’s lawful status.  Our client is among many who face unemployment as a result of a failure on part of the Minister to produce a temporary Stamp 4 in such matters.  The Minister is pushing such applicants into a situation where they will be reliant on the State for financial assistance.   This week, we have encountered at least three cases whereby applicants have lost their jobs as a result of failure to issue a stamp 4/temporary stamp 4.  This is a great injustice and is extremely worrying for those who are lawfully entitled to reside in the State and are in full time, permanent employment.

BROPHY SOLICITORS

01.02.13

NEW 2 YEAR EXTENSION FOR STUDENTS RESIDING HERE SINCE 2004

The Department of Justice & Equality has announced new arrangements for students who have been continuously resident in the State since before 1 January 2005 (i.e. the student must have received a GNIB card during or before 2004 and for each year thereafter). These new arrangements will allow eligible students to reside in Ireland for a further period of 2 years on specified conditions. In addition, at the conclusion of the two year probationary period those students will be eligible to apply for a more permanent status on condition that certain obligations have been fulfilled.

Any non-EEA national student who first registered their residence in Ireland as student on or before 31 December 2004 and who commenced their studies in Ireland on or before 31 December 2004 may apply for the special probationary extension.

Non-EEA Students who are no longer resident in the State will not be eligible to avail of this student probationary extension.

In order for such a student to be granted the extension they must have maintained their residence as a student from first registration until the date of application for the Student Probationary Extension. Any student not currently registered and with a significant gap in registration will not be eligible to apply for the extension.

Students must also furnish one P60 certificate that has been acquired within the previous three years.

The following residency conditions will apply to the probationary period –

·        The eligible student will not be required to be registered or enrolled in an academic course of study.

·        The eligible student will be permitted to work for a maximum period of 40 hours per week without being required to hold a work permit.

·        The eligible student will be required to maintain private medical insurance.

·        The eligible student will be required to reside in the State without drawing on publicly funded social assistance programmes (e.g. supplementary welfare allowances, medical card, jobseeker supports etc.)

·        The eligible student will not be permitted to apply for reunification with family members who are resident outside the State.

·        The eligible student must be of good character and must demonstrate that they are law abiding.

At the conclusion of the two year probationary period the eligible students can apply for a Stamp 4 permission to reside in the State.

Brophy Solicitors welcomes these new arrangements and is available to assist potential applicants with any queries they may have regarding the scheme. 

Brophy Solicitors

24.08.12