Irish Long Term Residency - Query on Qualification

Nichelen

Hi all,

I have a quick question for you.

I am a non-EEA passport holder. I am currently on Green Card and I will renew it to Stamp 4 in July'2014.

I understand that to achieve permanent residency / long term residency in Ireland, I should qualify by living whole last year in Ireland AND being at least 4years lawful resident of Ireland (out of 8 years, overall 9 years).

I will be completing my 2years residence term in July'2014, I will complete another 2years on stamp 4 by July'2016, AND final whole year by July'2017.
My question here is, during my stamp4 tenure, do I physically have to be in Ireland? I am thinking of working in UK/US for 2years, will I still be considered as a lawful resident of Ireland as I have stamp4?

I know 'residence status' for tax is living at least 6months/183 days in the Ireland. But is it the same/more/less for immigration? Please advise

Merry Christmas.

Thanks in adv,
Nichelen

Beano

how can you be classed as a resident if you are not living here?

Nichelen

Thanks Beano. The Naturalisation Residency Calculator checks only for my visa stamps and dates, but not my physical presence in the state.
Please visit http://www.inis.gov.ie/en/INIS/Pages/Naturalisation_Residency_Calculator

Pro Hoc Vice

Nichelen wrote: »

Thanks Beano. The Naturalisation Residency Calculator checks only for my visa stamps and dates, but not my physical presence in the state.
Please visit http://www.inis.gov.ie/en/INIS/Pages/Naturalisation_Residency_Calculator

Well you know the answer then. But you would have to look at the terms and conditions of the permission under stamp 4. Depending on the basis there may be a residency condition. But as you know the answer not sure why you needed to ask.

Nichelen

@ Infosys - Terms & Conditions doesn't mention anything on this. I am trying to figure legal opinion OR anyone had similar experience before.

The Caveman

Go to the INIS site, and download the forms needed

on the form, there is a checklist of all paperwork you will need to submit for your application

that will answer your questions

Pro Hoc Vice

Nichelen wrote: »

@ Infosys - Terms & Conditions doesn't mention anything on this. I am trying to figure legal opinion OR anyone had similar experience before.

It may be a term contained in your letter granting stamp 4 permission. As I said it is contained in some stamp 4 permissions not others. Also I know if people who have been absent from the State for a prolonged period but the Minister was aware and it was for education purposes so the time abroad can count but each case stands on its own merits.

The giving of a legal opinion or advice is not allowed under the charter.

Nichelen

@ Caveman: I have gone through the application form. It asks for previous residence address. but do not state anywhere that it must be in RoI.

@ Infosys: I doubt that buddy coz Irish Immigration do not give any 'granting letter' for visa. Just go to Immigration office, wait for 3-4hours and get stamped, simple as that. And Visa conditions are same for all, it doesn't vary. If you think it does, please add reference.

Pro Hoc Vice

Nichelen wrote: »

@ Caveman: I have gone through the application form. It asks for previous residence address. but do not state anywhere that it must be in RoI.

@ Infosys: I doubt that buddy coz Irish Immigration do not give any 'granting letter' for visa. Just go to Immigration office, wait for 3-4hours and get stamped, simple as that. And Visa conditions are same for all, it doesn't vary. If you think it does, please add reference.

Really all visa conditions are the same. That is 100% incorrect. A visa is a permission to enter no more, a permission to remain is very different. A student will get a visa to enter but needs a stamp 2 permission to reside. Also he will require a re-entry visa to come into ireland if he leaves.

Every person granted a permission to reside I.e a stamp 4 will receive a letter setting out the permission, that letter is taken to GNIB and the passport is stamped.


These are the main stamps http://www.inis.gov.ie/en/INIS/Pages/Stamps

This is visa information http://www.inis.gov.ie/en/INIS/Pages/Irish%20Visa%20Information

You state you are on a greencard, that is granted by Enterprise not justice, stamp 4 will be Justice.

Beano

Nichelen wrote: »

Thanks Beano. The Naturalisation Residency Calculator checks only for my visa stamps and dates, but not my physical presence in the state.
Please visit http://www.inis.gov.ie/en/INIS/Pages/Naturalisation_Residency_Calculator

but surely the stamps on your passport would show that you were not in the country?

Cushie Butterfield

Nichelen wrote: »

My question here is, during my stamp4 tenure, do I physically have to be in Ireland? I am thinking of working in UK/US for 2years, will I still be considered as a lawful resident of Ireland as I have stamp4?

''Stamp 4 may be granted but it should be noted that the Garda National Immigration Bureau is entitled to refuse registration where there is a valid ground for doing so e.g. the person has come to the adverse attention of the Gardaí or there is evidence that the person lived outside the State for most or all of the previous period of immigration permission, etc.''

http://www.inis.gov.ie/en/INIS/Pages/Renewal_of_Green_Card_Work_Permit

Nichelen

@ Cushie Butterfield - Bulls eye! Thanks a lot mate. Really appreciate your help :-)