Written answers

Thursday, 1 December 2022

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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327. To ask the Tánaiste and Minister for Justice and Equality if stamp 4 status will be awarded to a person (details supplied); and if she will make a statement on the matter. [60131/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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.

A student's primary purpose for being in the State is to study. However, 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. The person will then need to apply for an employment permit, leave the state or seek a change of permission to a Stamp 1G.

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/.

Where an individual has obtained employment and prior to the expiry of their Stamp 1G permission, it is open to the employer to submit an application for an employment permit subject to meeting the criteria. Further details available are available at: www.enterprise.gov.ie. 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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