Special Scheme for non-EEA nationals who held a Student Permission in the State during the period 1 January 2005 to 31 December 2010

Introduction

A new Scheme is now open to non-EEA nationals who held a student permission in the State during the period 1 January 2005 and 31 December 2010. This scheme applies to non-EEA persons who commenced their presence in the State lawfully under a student permission with a limited right to work and who maintained that lawful presence for at least two years.

The scheme will permit qualifying persons to remain in the State with a right to work for 2 years on Stamp 4S conditions. After two years, if you have adhered to the terms of your permission you will be granted a permission to reside in the State for a further year under Stamp 4 conditions.

Family reunification is not permitted under this scheme. However, with regard to family unity, if you qualify under this Scheme the family circumstances of persons already in the State will be taken into consideration.

Applications under the Scheme will be accepted for three months until Sunday 20th January, 2019.

Eligibility

You can apply for this permission if you:

 

  • first registered as a student with the immigration authorities on or after 1 January 2005, but not later than 31 December 2010 and commenced your presence in the State lawfully under a student permission with a limited right to work;
  • have remained in permission since then, or if not, have had a minimum of two years' registered student permission;
  • have attempted to avoid being unlawfully in the State through engaging with the immigration authorities;
  • have not had your immigration stamp changed other than a student type permission, for example been granted a work permit, family reunification or other legal status;
  • are living in the State continuously since your arrival in the State and can provide supporting documentary evidence of your continued presence in the State at least throughout 2016, 2017 and 2018 to date;
  • are of good character and of good conduct;
  • have no adverse criminal record in this State or any other jurisdiction;
  • have been lawfully employed in the State while under student permission, evidenced by furnishing P60 forms or P45 forms;
  • can provide a history of your enrolment/registration as a student, including details of any qualification(s) gained.

 

Submit an application

Applications under the Scheme will be accepted for three months until Sunday 20th January, 2019.

All applications for Special Scheme for students from 01/01/2005 to 31/12/2010 must be submitted online. All applications must be submitted online via the INIS online portal at inisonline.jahs.ie.

You must complete the Special Scheme for students from 01/01/2005 to 31/12/2010 application form and submit it with all the required documentation.

INIS will not accept applications by post.

You are required to provide the following documents:

 

  • Completed application form; and
  • Full colour copy of all pages of your past and current passports showing all your immigration permissions to be in the State or any other country including all exit and entry stamps from any country from the period of 2005 to date; and
  • Where possible, a copy of your latest Irish Residence Permit (IRP) or GNIB Card; and
  • Financial documentation proving continuous residence in the State. This may include copies of tax returns and other State issued documents;
  • Evidence that you have lived in Ireland up to the present day – copies of utility bills, tenancy agreement;
  • Documentation showing links with your local community is also helpful.
  • Please note that poor quality documentation will not be accepted.

Next steps

  • Processing times may vary depending on volume.
  • If you are successful, you will receive a letter of approval in the post and be granted a 4S permission to remain in the State for two years.
  • After two years, if you have adhered to the terms of your permission you will be granted a Stamp 4 permission for a further 12 months.
  • Your permission to reside on Stamp 4 conditions is renewable after 12 months if you have adhered to the conditions of that permission.
  • If your application is unsuccessful, we will advise you of the Minister’s decision in writing and the reasons why your application was refused.
  • You can request a review of the decision on your application to this scheme within 20 working days of your refusal letter.

Most Frequently Asked Questions

  1. I am currently not residing in Ireland, can I apply for permission under this scheme before I enter Ireland? No, applications are only accepted from people who are residing in Ireland.
  2. Is there a fee for applying to this scheme? Yes. A non-refundable fee of €250 applies to the processing of this application, which you must pay at the time of application. An additional €450 fee must also be paid at the time of application, but will be refunded if your application is unsuccessful. In addition to this, all applicants will be subject to the annual registration fee, currently €300.
  3. If I am granted Stamp 4S permission, can my family members obtain this permission also? Your family circumstances of persons present in the State will be taken into consideration. This means that where you qualify under this Scheme, the family unit (in this case, spouse/civil partner/de facto partner and dependent children) who have been residing with you in the State will be given permission to remain under the Scheme. No other family members are eligible under this Scheme. Under this Scheme, family reunification is not permitted, i.e. if your spouse or partner and dependent children are living outside the State you cannot seek to have them join you in Ireland.
  4. I have been granted a Stamp 4S, what permission is granted to my family members living in the State? Your spouse or partner living as a family unit will be granted a Stamp 4S and any minor/dependent children will be granted Stamp 3.
  5. What are the conditions attached to my permission? The following conditions will apply to your temporary permission on Stamp 4S conditions to remain in Ireland:
    • That you will obey the laws of the State;
    • That you will not become involved in criminal activity;
    • That you will reside continuously in the State;
    • That you will make every effort to gain employment and not be an undue burden on the State;
    • That you accept that the granting of your temporary permission does not confer any entitlement or legitimate expectation on any other person, whether related to you or not, to enter or remain in the State.
    • That at the end of the 2 year period you have acquired at least the minimum English language skills as set out in the Scheme Notice.

Contacts

It would greatly assist us if you only contact us if it is absolutely necessary as this will allow us to devote the maximum time to the processing of applications. If you have a query you can email unit1residencedivision@justice.ie .

Please ensure that all queries include your name, reference number and contact details.

Published 15 October 2018