Special Extension of Residence for Timed-Out Students from 1 October 2011

Notice of Special Extension of Residence for Timed-Out Students from 1 October 2011

Background and New Time Limits

The new regime for non-EEA students commenced on 1 January 2011. Under the conditions of the new regime, language and non-degree programme students are permitted to reside in the State for a maximum period of three years and degree programme students are permitted to reside in the State for a maximum period of seven years. A language and non-degree programme student may progress to a degree programme and extend their permitted period of residence, however the maximum period of residence permitted for any student is seven years. Students are required to arrange their studies in accordance with these rules.

Interim arrangements for non-EEA students residing in Ireland before 1 January 2011

Students who have exceeded the permitted duration of stay as a student because of the commencement of the new rules had several options available to extend their period of residence in Ireland.

Language and non-degree programme students who had completed their three years and whose residence permission expired after 1 January 2011 were permitted to register only if they were commencing their second year of a non-language programme at NFQ level 5 or 6 or if commencing a course at degree level. The overall maximum limit of seven years residence as a student applies.

Students whose immigration permission expired between 1 January 2011 and 30 September 2011 were entitled to a six month special extension to their permission, where they had exceeded the new time limits. Students were permitted to work during the 6 months concession period on the same terms as during the academic holidays. Also, as part of the 6 month concession students were permitted to apply for an employment permit or green card during this time and as an exception to the normal rule, do so without first returning to their country of origin.

Degree programme students who had completed their seven years and whose residence permission expired after 1 January 2011 were permitted to register only if they were commencing their second year of a degree programme. Students in this category will be permitted to complete their course.

In addition, when the new regime came into force it emerged that there were certain courses in the vocational or business area and validated by overseas bodies which did not meet the criteria for inclusion on Internationalisation Register as degree programme courses. However, these courses were not covered by the description of language or non degree programme either. To avoid disadvantaging students who had enrolled in such courses in good faith, a temporary arrangement was put in place that would allow students who had exceeded the 3 year time limit for language and non-degree programmes and whose registration was due to expire prior to 1 July 2011 to enrol for a course of this type for one year. Permission was subject to the student not exceeding the overall 7 year time limit. This concession ended on 1 July 2011.

The purpose of these options was to facilitate students who were resident in Ireland before the commencement of the new regime to legitimise their status in Ireland either through acquiring another residency status (such as work permit or green card) or through enrolment on a relevant third level course. Students who did not or could not avail of these options are required to make arrangements to leave the State.

Irish Third Level Graduate Scheme

The Irish Third Level Graduate Scheme allows legally resident third level graduates to remain in Ireland for the purposes of seeking employment and applying for a green card or work permit. A six month permission is available for graduates with a qualification at NFQ level 7 while a twelve month permission is available to graduates with a qualification at NFQ level 8 or 9.

This scheme allows legally resident non-EEA third level graduates to remain in Ireland for the purpose of seeking employment and applying for a green card or employment permit. During the period of permission under the Irish Third Level Graduate Scheme a student can work full time (up to 40hrs per week).

Three month extension for timed out students from 1 October 2011

The current economic climate has presented significant challenges for both Irish citizens seeking employment and for those students who wish to pursue a work permit or green card.

As a special concession, INIS will allow certain categories of ‘timed out’ student to register for a further three months to address their immigration status.

This concession will apply to non EEA students whose permission to remain in Ireland expires after 1 October 2011 in the following categories:

Students who were legally resident in Ireland for seven years on 1 January 2011, who have availed of the special 6 month extension on their residence permission and who have kept their permission up to date.

Students who were resident in Ireland for seven years on 1 January 2011 and who have availed of the Irish Third level Graduate Scheme.

Students shall be permitted to work during the special 3 month concession period on the same terms as during the academic holidays. While their status will continue to be that of student, they will not be permitted to enrol on any further education courses. The purpose of this extension is to allow eligible students address their immigration status or arrange to leave the State.

All students availing of the special 3 month concession will continue to be permitted to apply for an employment permit or green card during this time and may, as an exception to the normal rule, do so without first returning to their country of origin. Such applications will be considered by the Department of Jobs, Enterprise and Innovation in accordance with the established criteria for the employment permit and green card schemes. If successful they will be treated in the same manner as any other worker.

At the end of the special 3 month extension the student will either be reclassified as a worker with an employment permit (currently Stamp 1) or, should they fail to secure an employment permit in that time, their permission to be in the State will expire.

The purpose of this concession is to facilitate students in seeking an alternative immigration permission to remain in the State or to arrange an alternative to remaining in the State.

NOTE (1) : The special 3 month extension will not apply to those students who do not satisfy the above criteria. In addition the 3 month extension will not apply to Stamp 1A holders.

NOTE (2) : Students who have not kept their permission up to date will only receive the balance of their six month timed out extension. Students in this category where the balance of their six month permission expires between 1October 2011 and 31 December 2011 may receive the 3 month extension. The 3 month extension will not apply to students whose permission expires from 1 January 2012.

NOTE (3) : Students should familiarise themselves with the comprehensive guideline notes on the INIS website at www.inis.gov.ie