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Stamp 4 Issue, Any Advice Pls

Forum to discuss all things Blarney | Ireland immigration

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B06403031
Newly Registered
Posts: 2
Joined: Mon Nov 20, 2023 3:37 pm
Taiwan

Stamp 4 Issue, Any Advice Pls

Post by B06403031 » Mon Nov 20, 2023 3:59 pm

I recently got married and got my Stamp 4 visa, however my husband is planning to relocate to other country for 1 year in next year,
Can I retain my Stamp 4 Visa?
Do I need to notify Garda about this?
Do I have to leave Ireland as well? or
Is there any other way that I can stay in Ireland?

If I still have my husband's name in the electricity bills, noted as a tenant, and my husband will be visiting me every 2 weeks, can that count as living in Ireland and therefore we don't need to report this change to Garda?
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Angel99
Senior Member
Posts: 503
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by Angel99 » Tue Nov 21, 2023 5:45 am

B06403031 wrote: ↑
Mon Nov 20, 2023 3:59 pm
 I recently got married and got my Stamp 4 visa, however my husband is planning to relocate to other country for 1 year in next year,
Can I retain my Stamp 4 Visa?
Do I need to notify Garda about this?
Do I have to leave Ireland as well? or
Is there any other way that I can stay in Ireland?

If I still have my husband's name in the electricity bills, noted as a tenant, and my husband will be visiting me every 2 weeks, can that count as living in Ireland and therefore we don't need to report this change to Garda?
Hi,
I'm guessing your husband is an Irish citizen.
*Since you are recently married and issued with Stamp 4 IRP, You can retain your stamp 4 in rare cases (Your children are living in Ireland or You have serious health problems or have strong grounds such as education or child birth)
*Yes you need to inform the Garda Immigration Office
*It depends as I have mentioned above.

The immigration office will know in some other way or in the future that your husband has exited the state and is no longer working in the state. They can know this by his departure records at the airport, employment history or other means.

He visiting you every 2 weeks doesn't count. If you had been married for 3 years and had your stamp 4 for more than 1 year then you can retain your immigration status easily.

If you have no tangible reasons to stay, it's either you go with him or he stays in Ireland for a while.
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B06403031
Newly Registered
Posts: 2
Joined: Mon Nov 20, 2023 3:37 pm
Taiwan

Re: Stamp 4 Issue, Any Advice Pls

Post by B06403031 » Tue Nov 21, 2023 5:02 pm

Angel99 wrote: ↑
Tue Nov 21, 2023 5:45 am
B06403031 wrote: ↑
Mon Nov 20, 2023 3:59 pm
 I recently got married and got my Stamp 4 visa, however my husband is planning to relocate to other country for 1 year in next year,
Can I retain my Stamp 4 Visa?
Do I need to notify Garda about this?
Do I have to leave Ireland as well? or
Is there any other way that I can stay in Ireland?

If I still have my husband's name in the electricity bills, noted as a tenant, and my husband will be visiting me every 2 weeks, can that count as living in Ireland and therefore we don't need to report this change to Garda?
Hi,
I'm guessing your husband is an Irish citizen.
*Since you are recently married and issued with Stamp 4 IRP, You can retain your stamp 4 in rare cases (Your children are living in Ireland or You have serious health problems or have strong grounds such as education or child birth)
*Yes you need to inform the Garda Immigration Office
*It depends as I have mentioned above.

The immigration office will know in some other way or in the future that your husband has exited the state and is no longer working in the state. They can know this by his departure records at the airport, employment history or other means.

He visiting you every 2 weeks doesn't count. If you had been married for 3 years and had your stamp 4 for more than 1 year then you can retain your immigration status easily.

If you have no tangible reasons to stay, it's either you go with him or he stays in Ireland for a while.
Thank you Angel for your comments, therefore maybe we need to reconsider about the relocating option...

One more question, is it possible to transfer Stamp 4 to Employment permit? Since we are just recently married and with no kids, I guess the only other way for me to stay in Ireland will be that I get at job and transfer Stamp 4 to the employment permit right?
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meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by meself2 » Tue Nov 21, 2023 5:06 pm

You can apply for an employment permit if you wish to do so, yes.
You would have to ask ISD for a letter to allow you applying for Stamp 1 (work permit), as they don't routinely "downgrade".
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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Angel99
Senior Member
Posts: 503
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by Angel99 » Wed Nov 22, 2023 12:54 pm

B06403031 wrote: ↑
Tue Nov 21, 2023 5:02 pm
Angel99 wrote: ↑
Tue Nov 21, 2023 5:45 am
B06403031 wrote: ↑
Mon Nov 20, 2023 3:59 pm
 I recently got married and got my Stamp 4 visa, however my husband is planning to relocate to other country for 1 year in next year,
Can I retain my Stamp 4 Visa?
Do I need to notify Garda about this?
Do I have to leave Ireland as well? or
Is there any other way that I can stay in Ireland?

If I still have my husband's name in the electricity bills, noted as a tenant, and my husband will be visiting me every 2 weeks, can that count as living in Ireland and therefore we don't need to report this change to Garda?
Hi,
I'm guessing your husband is an Irish citizen.
*Since you are recently married and issued with Stamp 4 IRP, You can retain your stamp 4 in rare cases (Your children are living in Ireland or You have serious health problems or have strong grounds such as education or child birth)
*Yes you need to inform the Garda Immigration Office
*It depends as I have mentioned above.

The immigration office will know in some other way or in the future that your husband has exited the state and is no longer working in the state. They can know this by his departure records at the airport, employment history or other means.

He visiting you every 2 weeks doesn't count. If you had been married for 3 years and had your stamp 4 for more than 1 year then you can retain your immigration status easily.

If you have no tangible reasons to stay, it's either you go with him or he stays in Ireland for a while.
Thank you Angel for your comments, therefore maybe we need to reconsider about the relocating option...

One more question, is it possible to transfer Stamp 4 to Employment permit? Since we are just recently married and with no kids, I guess the only other way for me to stay in Ireland will be that I get at job and transfer Stamp 4 to the employment permit right?
As meself2 mentioned you can indeed apply for employment permit if you have a permanent job but if it's possible your spouse can postpone his plans for now it will be far better (You will be eligible for citizenship after 3years, You can retain your stamp 4, you also have free access to employment and self employment with your stamp 4.

With the employment permit you are in the hands of the employer.
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meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by meself2 » Wed Nov 22, 2023 12:55 pm

Angel99 wrote: ↑
Wed Nov 22, 2023 12:54 pm
 You will be eligible for citizenship after 3years,
OP would be eligible for citizenship in 3 years regardless I think?
I don't remember the rule that those 3 years have to be spent on a spouse visa.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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Vadrar
Member of Standing
Posts: 370
Joined: Mon Jun 05, 2023 1:06 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by Vadrar » Wed Nov 22, 2023 3:09 pm

meself2 wrote: ↑
Wed Nov 22, 2023 12:55 pm
Angel99 wrote: ↑
Wed Nov 22, 2023 12:54 pm
 You will be eligible for citizenship after 3years,
OP would be eligible for citizenship in 3 years regardless I think?
I don't remember the rule that those 3 years have to be spent on a spouse visa.
Perhaps they mean the shift to employment visa is only necessary if spouse is out of country. 3 years spouse route only works if spouse can prove they were living with them in Ireland and in that case visa shift isn’t necessary. Employment visa would require 5 years residency (because spouse out of country), or for spouse to move back and start 3 year clock again.
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Angel99
Senior Member
Posts: 503
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Stamp 4 Issue, Any Advice Pls

Post by Angel99 » Wed Nov 22, 2023 5:28 pm

meself2 wrote: ↑
Wed Nov 22, 2023 12:55 pm
Angel99 wrote: ↑
Wed Nov 22, 2023 12:54 pm
 You will be eligible for citizenship after 3years,
OP would be eligible for citizenship in 3 years regardless I think?
I don't remember the rule that those 3 years have to be spent on a spouse visa.
The 3 years has to be in Ireland or Northern Ireland. As soon as the spouse or both of them depart from the Island of Ireland, the clock resets.

That's why i suggested they wait for the right moment if possible.

Employment permit will be based on her being a non EU and not a spouse of Irish citizen.
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