Stamp 4: am I still bound to my ex-employer after quitting?

brzinireland

Hi,

I am a non-EU citizen. I came to Ireland and worked for 2 years in the same company. Due to that, I was granted Stamp 4 after the 2 years.

However, I was suffering bullying and abuse in the company. I started having health issues, and so I decided to quit in a moment when I was under a lot of pressure.

Now I am actively looking for a job, but I am not sure if my Stamp 4 is still bound to my ex-employer.

The letter I received when I was granted the stamp 4 shows my ex-employer’s name, the date when the job was commenced, and it says that "XX has been in continuous employment with this employer since that date".

Then it goes on saying "has been employed in the position as stated on the Green Card... and remains in the permitted employment in the State. A Stamp 4 may be appropriate in this instance subject to all other required immigration criteria being met."

So I'm not sure I'm still bound to the company only or other job is possible. If my Stamp 4 is not valid anymore and another company wants to hire me, will I have to reactivate my visa or is it still valid?

Thank you!

brzinireland

No one? :-(

the_syco

Looking at http://www.inis.gov.ie/en/INIS/Pages/registration-stamps#stamp4 it doesn't mention employer. Is your wife Irish?

brzinireland

Hi, the_syco. Thanks.
Nope.
I got the Stamp 4 after 2 years working for the same company. However, the text on the letter I received granting me the Stamp 4 is:

"(my name) has been in continuous employment with this employer since that date".
(...) "(my name) has been employed in the position as stated on the Green Card and remains in the permitted employment in the State. A Stamp 4 may be appropriate in this instance subject to all other required immigration criteria being met."

Then I was granted the Stamp 4. But then I quit, and now I don't know if the Stamp 4 is still valid for me to work for another company in the State.

brzinireland

I would really appreciate if anyone could help me on this. I don't know if the text which was written on the letter of approval of my Stamp 4 means that I would still be bound to my (ex-)employer if I quit (which I did after 2 years of a lot of pressure and bullying) or if I can work normally to another company. Thanks!

SoftMicro

Hi,
Citizens information has some info.

Maybe call into one of their offices to chat with someone or ask them if there's advice centre somewhere

http://www.citizensinformation.ie/en/employment/migrant_workers/employment_permits/work_permits.html

Changing employment
If this is your first work permit in Ireland you are expected to stay with your new employer for 12 months (apart from in exceptional circumstances). After that you may move to a new employer provided that a new application for a General Employment Permit has been made for a similar job or to another eligible employment sector.

Stheno

brzinireland wrote: »

I would really appreciate if anyone could help me on this. I don't know if the text which was written on the letter of approval of my Stamp 4 means that I would still be bound to my (ex-)employer if I quit (which I did after 2 years of a lot of pressure and bullying) or if I can work normally to another company. Thanks!

Talk to an immigration lawyer tbh.

R.D. aka MR.D

Stheno wrote: »

Talk to an immigration lawyer tbh.

Or one of the migrant organisations like MRCI.

As above, you'd have to talk to an immigration lawyer or similar.

I'm on a stamp 4 through having Irish kids, and every time I'm up for renewal I have to show I'm involved in my kids lives etc, so I'd assume you'd have to show that you're still meeting the criteria set out when you were given your stamp.

StupidEasy

brzinireland wrote: »

Hi,

I am a non-EU citizen. I came to Ireland and worked for 2 years in the same company. Due to that, I was granted Stamp 4 after the 2 years.

However, I was suffering bullying and abuse in the company. I started having health issues, and so I decided to quit in a moment when I was under a lot of pressure.

Now I am actively looking for a job, but I am not sure if my Stamp 4 is still bound to my ex-employer.

The letter I received when I was granted the stamp 4 shows my ex-employer’s name, the date when the job was commenced, and it says that "XX has been in continuous employment with this employer since that date".

Then it goes on saying "has been employed in the position as stated on the Green Card... and remains in the permitted employment in the State. A Stamp 4 may be appropriate in this instance subject to all other required immigration criteria being met."

So I'm not sure I'm still bound to the company only or other job is possible. If my Stamp 4 is not valid anymore and another company wants to hire me, will I have to reactivate my visa or is it still valid?

Thank you!

Funny how people like The Veteran and Avada aren't posting here, they're all over the Immigration Control Officer thread....

Look at the stamp on your passport. A stamp 4 will say that you are entitled to live and work in Ireland. A stamp 1 will say you're entitled to live in Ireland and work ONLY on a pre-approved work permit, or words to that effect.

They changed the system so people could change from Stamp 1 to Stamp 4 and not be enslaved to a particular employer until they got naturalised. If you're on a Stamp 4, you're basically good to get a job with a new employer without getting a work permit specific to that employer.

The Wikipedia page is actually way more helpful than the INIS page (no surprise there). Just google Stamp 4 wikipedia.

joy.joy

StupidEasy is correct, Green Card (GC) & Work Permit (WP) holders are granted stamp 4 status after 2 years on GC and 5 years on WP so that you can take on another employment if you see fit without having to apply for a new GC or WP, so therefore you are NOT "connected" to your ex-employer anymore.

But to my understanding for you to be able to renew your stamp 4 at GNIB you have to be working, I was on a WP for 5 years and i was granted stamp 4 by the GNIB at the end of the 5th year. I have renewed my stamp 4 twice and on both occasions they requested letter from employer, p60 and latest 3 payslips.


I found the following on INIS website (Policy for 5 year workers and redundant workers) which relates to WP but I'd assume the same applies to GC holders after 2 years:

Work Permit Holders
To avail of this concession the non-EEA worker must meet the following requirements:
The person must have completed 5 consecutive years employment in Ireland with work permits issued by the Minister for Enterprise, Trade and Innovation.


Persons who satisfy the eligibility criteria for this concession will be issued a Stamp 4 immigration permission for 1 year signifying the right to be present in the State and to be employed without a work permit. Terms and conditions include:
Permissions granted may be renewed annually.

Persons granted the permission are expected to work and to support themselves and any dependents and, if made redundant, the person concerned must seek new employment.

The holder of this permission cannot become an undue burden on the State.

The holder of this permission will be free to work in any employment and will no longer be limited to the current employer. Should they subsequently be made redundant they are free to seek other employment.

It is not long term residence and it cannot be seen as any guarantee of permanent status.

The Stamp 4 in this situation allows the person to establish a business or become self-employed.

The concession is being made irrespective of whether the person is currently an applicant for Long Term Residence.

Sorry for the long post and best of luck looking for a new job!

brzinireland

Thank you, joy.joy.
Thank you all for your time and answers.