Written answers

Tuesday, 26 April 2022

Department of Justice and Equality

Residency Permits

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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1307. To ask the Tánaiste and Minister for Justice and Equality if she will address a matter raised in correspondence (details supplied) in relation to residency for students; and if she will make a statement on the matter. [20976/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I recognise the difficulties that Covid-19 has had on everyone in the country, including our international student population.

From the outset of the pandemic, my Department and I have worked to provide assistance and assurance to people who use our immigration services. Since the beginning of the pandemic in March 2020, nine temporary extension of immigration and international protection permissions have been provided to 31 May 2022. These extensions were available to the person referred to by the Deputy and would have allowed them to remain in the State until 31 May 2022, if they had chosen to do so.

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students, who are granted a Stamp 2 immigration permission, and continually consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectorial stakeholders, in this area.

Since April 2001, non-EEA students with an immigration Stamp 2 permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work. This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

The Stamp 2 permission will typical expire shortly after the conclusion of the course. If a person wishes to remain in the State and to be allowed to work, they will then need to have a prospective employer apply for an employment permit on their behalf and to seek a change of permission to a Stamp 1G, if they met the criteria.  If unsuccessful, the student is required to leave the State.

A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. When an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies. Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially, further details are available on my Department's website at www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/third-level-graduate-programme/.

A person must hold a critical skills employment permit for 2 years or a general employment permit for 5 years before eligibility for a Stamp 4 immigration permission arises.

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