A further update has been issued by Ireland’s Immigration Service Delivery (ISD) regarding the eligibility requirements for Irish Residence Permit (IRP) Stamp 4 applicants1. Effective 3 April 2024, certain employment permit holders may seek to change immigration permission from an IRP Stamp 1 to an IRP Stamp 4 based on 21 months of employment in the state and not 21 months of IRP Stamp 1 permissions.
This announcement will impact holders of Critical Skills Employment Permits, Researchers on a Hosting Agreement, and Non-Consultant Hospital Doctors with a Multi-Site General Employment Permit.
WHY THIS MATTERS
In November 2023, there was a significant change to the process of issuing IRP Stamp 4 permissions (see GMS Flash Alert 2023-222, 21 November 2023).
This meant that individuals had to meet the new requirement of 21 months of IRP Stamp 1 permissions (in addition to 21 months of employment on their employment permit) resulting in some applicants requiring further employment permits to bridge any possible immigration gaps before they could apply for a Stamp 4 permission.
With the ISD updated policy, certain employers and employees may no longer require ‘bridging’ employment permits.
Highlights of Further Details
- Overall eligibility to change immigration permission will remain subject to several criteria, in addition to 21 months of employment in Ireland.
- ISD has confirmed it will consider the employment start date in Ireland in conjunction with the information listed on an applicant’s Irish Revenue Employment Detail Summary.
- Additionally, General Employment Permit holders can apply for an IRP Stamp 4 with ISD after 57 months of employment in the state, clarifying and simplifying the process for these applicants.
KPMG INSIGHTS
Appointment wait times and high volumes of applications at certain regional immigration offices meant it could be challenging for applicants to obtain their first IRP Stamp 1 or renewal within the required timeframes to meet the old requirement of 21 months of residence permission. This positive change of policy should result in employers and employees no longer requiring ‘bridging’ employment permits. As always, it remains the case that individuals seeking to change immigration permission will need to meet all of the eligibility criteria.
If employers have questions regarding Stamp 4 permission eligibility and the change in requirements, please contact your usual immigration counsel or a member of the Immigration and Employment Law team with KPMG Law in Ireland (see the Contacts section).
FOOTNOTE
1 See Department of Justice, Immigration Service Delivery, "Update to eligibility requirements for Stamp 4 upgrades.”
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Ireland.
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