Probably one of the most exciting updates from the Department of Justice and Enterprise, Trade, and Employment this year is that the spouse or de facto partner of a General Skills Employment Permit or Intra-Corporate Transferee permit holder will now receive a Stamp 1G instead of a Stamp 3, starting May 15, 2024.
This change means they can now join the workforce in Ireland without needing a separate employment permit. This not only reduces the burden on employers but also cuts down on costs. Before diving into job applications, it's essential to understand a few key points:
1) Am I eligible for this transfer of condition?
You are considered eligible when you fulfil any two criteria of the following:
First Criteria:
You are a spouse/de facto of a General Employment Permit (GEP) or Intra-Corporate Transferee (ICT) permit holder;
You are a spouse/de facto of a Critical Skills Employment Permit Holder (CSEP) or Researcher on a Hosting Agreement;
You are a spouse/de facto of a Non-Consultant Hospital Doctor (NCHD) on a Multi-Site General Employment Permit;
Your spouse/de facto previously held one of the above and is now on Stamp 4 permission
Your spouse/de facto has been issued a Reactivation Employment Permit for a GEP, ICT or CSEP Employment Permit.
Second Criteria
You joined your spouse/partner under the Non-EEA Family Reunification Policy;
You are legally resident in the State on a valid Stamp 3;
You wish to engage in employment in Ireland;
You are a non-EU/EEA/UK/Swiss national.
Please note that you are not eligible if
You are on a Stamp 3 other than spouse or de facto (dependent children/family members, volunteer, minister of religion, etc.).
You are on permission other than Stamp 3 (visitor/ student visa); this change is only eligible for Stamp 3 holders.
You do not hold valid permission to be in Ireland.
2) Should I renew my IRP now if I am eligible?
You are not required to renew your IRP immediately from Stamp 3 to Stamp 1G. The Department has given a one-year buffering period until 15/05/2025. Your Stamp 3 IRP will be automatically entitled to the conditions of a Stamp 1G. However, that doesn’t mean your IRP is automatically renewed.
For Dublin, Meath, Kildare, and Wicklow residents, you will still need to renew your IRP before its expiry date. For residents of states other than those mentioned above, you must approach your relevant local immigration office for your IRP renewal.
Once your IRP is renewed, the Stamp endorsed on your IRP will change from Stamp 3 to Stamp 1G.
3) Can I apply for work using my Stamp 3 IRP and tell my employer I don't need an employment permit?
The answer is yes because you are automatically entitled to a Stamp 1G condition and can work without an employment permit. However, you must attach a “Stamp 3 to Stamp1G Employment Notice Letter” issued by the department to your employer. You can download the letter here.
4) What is the condition of a Stamp 1G holder?
When you are entitled to a Stamp 1G condition, you will be able to:
Work in the State without the requirement to obtain a work permit
Undertake courses of study in Ireland
But you are not allowed to:
Operate a business
To be self-employed
Please note that Stamp 3 and Stamp 1G are both considered reckonable residences for applying for citizenship. If you intend to get a Stamp 4, you can apply for it after five years on a Stamp 1G.
5) Recommendations and insight from Future Direct
Future Direct sees this change as a significant milestone for Ireland, as it enhances the employment prospects for spouses/partners and eases the burden and costs for employers. However, the impression of holding a Stamp 3 and being entitled to a Stamp 1G may pose risks and confusion.
Employers may struggle to verify if an applicant holds a Stamp 3 through their spouse or de facto partner. Even with provided documentation, verifying identity facts could require additional paperwork, potentially dissuading employers from hiring such individuals.
Future Direct recommends that individuals promptly renew their Irish Residence Permit (IRP) to obtain a Stamp 1G endorsement, streamlining the hiring process. Dublin, Wicklow, Meath, and Kildare residents can renew online, while those in other areas should visit their local Garda Station.
Future Direct is one of the leading immigration consultancy firms in Ireland. We provide immigration services to corporate and individual clients. If you want us to renew your IRP on your behalf, call us today at +353 872400433 or email info@futuredirect.ie. We are happy to answer your questions and help you in this matter.
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