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Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Forum to discuss all things Blarney | Ireland immigration

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LMO
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Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by LMO » Mon Sep 02, 2019 2:10 pm

Hello, i am in a very similar situation at the moment, i held a stamp 4 and after my break up i wasnt able to renew my stamp 4 but my job sponsored me, once we applied for the work permit they told me i needed to change my status from stamp 4 to stamp 1 so we sent all my documentation to UNIT 2 Dept. of Justice. I went to immigration offices and they told i could work while i was waiting for my response which i am still doing but i haven't found something on their page that says i can do it. The only thing i found on the page is, on the section of "change of status" says "from stamp 4 to stamp 1 is not applicable" and i am confused now. I havent got the answer from immigration yet but i wanted to ask you if this is what you did in the first place or something similar?

finalversion_2k
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Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Mon Sep 02, 2019 2:46 pm

LMO wrote:
Mon Sep 02, 2019 2:10 pm
Hello, i am in a very similar situation at the moment, i held a stamp 4 and after my break up i wasnt able to renew my stamp 4 but my job sponsored me, once we applied for the work permit they told me i needed to change my status from stamp 4 to stamp 1 so we sent all my documentation to UNIT 2 Dept. of Justice. I went to immigration offices and they told i could work while i was waiting for my response which i am still doing but i haven't found something on their page that says i can do it. The only thing i found on the page is, on the section of "change of status" says "from stamp 4 to stamp 1 is not applicable" and i am confused now. I havent got the answer from immigration yet but i wanted to ask you if this is what you did in the first place or something similar?

@LMO : its little confusing, after your brake-up you should inform to Dept and apply for retention of right EU5.. I was in similar situation in 2017 End, and reach out to many solicitors and Email inquiries to different departments including EUtreaty.. final response what I got was apply for Retention of rights you can't change stamp4EUFAM to stamp1.. so I applied and now waiting for almost an year..

LMO
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Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by LMO » Mon Sep 02, 2019 3:11 pm

Can i apply to the EU5 form if my visa is already expired? also i did not get married it was with the defacto partnership

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Mon Sep 02, 2019 4:27 pm

LMO wrote:
Mon Sep 02, 2019 2:10 pm
Hello, i am in a very similar situation at the moment, i held a stamp 4 and after my break up i wasnt able to renew my stamp 4 but my job sponsored me, once we applied for the work permit they told me i needed to change my status from stamp 4 to stamp 1 so we sent all my documentation to UNIT 2 Dept. of Justice. I went to immigration offices and they told i could work while i was waiting for my response which i am still doing but i haven't found something on their page that says i can do it. The only thing i found on the page is, on the section of "change of status" says "from stamp 4 to stamp 1 is not applicable" and i am confused now. I havent got the answer from immigration yet but i wanted to ask you if this is what you did in the first place or something similar?


But you are still working now ?

LMO
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by LMO » Mon Sep 02, 2019 4:55 pm

I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Mon Sep 02, 2019 7:33 pm

LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.
I think is a good sign and how long is your application now?

LMO
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by LMO » Tue Sep 03, 2019 12:28 pm

Ramsz wrote:
Mon Sep 02, 2019 7:33 pm
LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.
I think is a good sign and how long is your application now?
3 months, but I’m just waiting for the stamp 1, the letter I got from work permit says “if you successfully get the permission to remain in the state on your own (stamp 1) then you can try again and apply for work permit” I showed that to INIS and they told me they couldn’t change that there I needed to send my documentation to UNIT 2 Dept. and they will change that for me with no problem but they didn’t say anything about the change of status from stamp 4 to stamp 1 wasn’t applicable and the INIS web page says that so im not sure if what they’re saying it’s totally correct and at this point I don’t know what else to do, I’m not sure that in case they say no would be possible if I can leave the country and come back with masters and get a stamp 2 as student. They don’t seem to have much information in the offices neither the page.

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Tue Sep 03, 2019 12:58 pm

LMO wrote:
Tue Sep 03, 2019 12:28 pm
Ramsz wrote:
Mon Sep 02, 2019 7:33 pm
LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.
I think is a good sign and how long is your application now?
3 months, but I’m just waiting for the stamp 1, the letter I got from work permit says “if you successfully get the permission to remain in the state on your own (stamp 1) then you can try again and apply for work permit” I showed that to INIS and they told me they couldn’t change that there I needed to send my documentation to UNIT 2 Dept. and they will change that for me with no problem but they didn’t say anything about the change of status from stamp 4 to stamp 1 wasn’t applicable and the INIS web page says that so im not sure if what they’re saying it’s totally correct and at this point I don’t know what else to do, I’m not sure that in case they say no would be possible if I can leave the country and come back with masters and get a stamp 2 as student. They don’t seem to have much information in the offices neither the page.
@LMO: let me be honest with you, its not that easy.. as I said I try all these things almost 2 years ago. went to 4 to 5 different solicitors. its clearly mentioned on the INIS website you can't move from Stamp4 to Stamp1.. also written on DBEI website that first take permission from department of justice... department of justice will say you to apply retention so permissions transfers on your ownself, which is retention of rights EU5 form..

I don't know about de facto, they also do retention or not,, that's why i didn't reply on your post.. I also don't want to demotivate you, if you got Stamp1 I'll love to hear from you, and this will help everyone else as well.. :)

LMO
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by LMO » Tue Sep 03, 2019 4:05 pm

finalversion_2k wrote:
Tue Sep 03, 2019 12:58 pm
LMO wrote:
Tue Sep 03, 2019 12:28 pm
Ramsz wrote:
Mon Sep 02, 2019 7:33 pm
LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.
I think is a good sign and how long is your application now?
3 months, but I’m just waiting for the stamp 1, the letter I got from work permit says “if you successfully get the permission to remain in the state on your own (stamp 1) then you can try again and apply for work permit” I showed that to INIS and they told me they couldn’t change that there I needed to send my documentation to UNIT 2 Dept. and they will change that for me with no problem but they didn’t say anything about the change of status from stamp 4 to stamp 1 wasn’t applicable and the INIS web page says that so im not sure if what they’re saying it’s totally correct and at this point I don’t know what else to do, I’m not sure that in case they say no would be possible if I can leave the country and come back with masters and get a stamp 2 as student. They don’t seem to have much information in the offices neither the page.
@LMO: let me be honest with you, its not that easy.. as I said I try all these things almost 2 years ago. went to 4 to 5 different solicitors. its clearly mentioned on the INIS website you can't move from Stamp4 to Stamp1.. also written on DBEI website that first take permission from department of justice... department of justice will say you to apply retention so permissions transfers on your ownself, which is retention of rights EU5 form..

I don't know about de facto, they also do retention or not,, that's why i didn't reply on your post.. I also don't want to demotivate you, if you got Stamp1 I'll love to hear from you, and this will help everyone else as well.. :)
Thank you! Hopefully I can get some good news or a least a way to remain in the state!

Mouldiben
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Tue Sep 03, 2019 7:54 pm

Hi. Thanks for sharing your story with us. Please keep us posted. Quick question did you inform them when your broke up with your partner? Or did you waited for your stamp to expire? Can you share more details about the dates? Thanks

Mouldiben
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Fri Oct 04, 2019 10:51 am

Hi LMO. Did you receive any news?

I submitted my documents 2 months ago and still no response. :(

Thanks
LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.

Ramsz
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Ireland

Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Fri Oct 04, 2019 1:12 pm

Mouldiben wrote:
Fri Oct 04, 2019 10:51 am
Hi LMO. Did you receive any news?

I submitted my documents 2 months ago and still no response. :(

Thanks
LMO wrote:
Mon Sep 02, 2019 4:55 pm
I am, i am not sure if I am able to do it, when i went to INIS they told me i could, to me and my boss because i was under an application, so yes i'm still working while i'm waiting for the answer.
Why you did not apply for Eu5 first and get the 1year processing application time ...then if they refuse you go for review another 1year before you now apply for work permit ...

Mouldiben
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Fri Oct 04, 2019 3:58 pm

Because the company that I work for applied on my behalf for a work permit one week before my stamp 4 eufam expires. The damage is done now and I need a response from them even negative so I can go back home and apply for work permit.

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Fri Oct 04, 2019 5:14 pm

Mouldiben wrote:
Fri Oct 04, 2019 3:58 pm
Because the company that I work for applied on my behalf for a work permit one week before my stamp 4 eufam expires. The damage is done now and I need a response from them even negative so I can go back home and apply for work permit.
Apply for Eu5 straight up man they will give you stamp for 8 month work permit and euf5 are different department you have noting to lose someone I know did same thing they give him stamp for eu5 for the processing of the application

Mouldiben
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Fri Oct 04, 2019 6:35 pm

Do you know one I apply for EU5 how long it will take till they give me a stamp? Thanks

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Sun Oct 06, 2019 9:15 am

Mouldiben wrote:
Fri Oct 04, 2019 6:35 pm
Do you know one I apply for EU5 how long it will take till they give me a stamp? Thanks
4 to 6 weeks you should get it...

Mouldi
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldi » Sun Oct 06, 2019 3:51 pm

I Lost my job last week because my stamp 4eufam expired and no answer from the EU tr. If I apply for EU5 will they give me a stamp that allows me to work. My company is happy to take me back if I manage to get a stamp. Thank you so much for responding to all my questions. :cry:

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Mon Oct 07, 2019 4:53 pm

Mouldi wrote:
Sun Oct 06, 2019 3:51 pm
I Lost my job last week because my stamp 4eufam expired and no answer from the EU tr. If I apply for EU5 will they give me a stamp that allows me to work. My company is happy to take me back if I manage to get a stamp. Thank you so much for responding to all my questions. :cry:
What do you apply for with EU tr you 're waiting on ?

Mouldiben
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Mouldiben » Tue Oct 08, 2019 8:02 am

My company lawyers contacted them to let them know that because my stamp 4eufam expired and because my wife is not living in Ireland I needed a stamp 1. They sent me a letter asking for documents for the last 5 years because the lawyer mentioned the change in my situation. I provided all the documents except for the last 2 years since my wife wasn't here. They sent me a letter to acknowledge the receipt and I am still waiting

Ramsz
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by Ramsz » Wed Oct 09, 2019 5:05 pm

Mouldiben wrote:
Tue Oct 08, 2019 8:02 am
My company lawyers contacted them to let them know that because my stamp 4eufam expired and because my wife is not living in Ireland I needed a stamp 1. They sent me a letter asking for documents for the last 5 years because the lawyer mentioned the change in my situation. I provided all the documents except for the last 2 years since my wife wasn't here. They sent me a letter to acknowledge the receipt and I am still waiting

I would suggest apply eu5 on your own ...

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Fri Oct 25, 2019 11:12 am

@Mouldiben : wondering did you heard anything about work permit?? did you try to apply retention of rights..

In retention of rights I'm sure you will be refused, because of condition your partner supposed to be in ireland before relation breakdown.. telling you so think before apply

focabh
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by focabh » Tue Oct 29, 2019 10:00 pm

Mouldi wrote:
Sun Oct 06, 2019 3:51 pm
I Lost my job last week because my stamp 4eufam expired and no answer from the EU tr. If I apply for EU5 will they give me a stamp that allows me to work. My company is happy to take me back if I manage to get a stamp. Thank you so much for responding to all my questions. :cry:
I had the exact same issue as yours back in 2017.

You must lose your Stamp 4 and only then you can apply for the Work Permit (your company must apply for you).

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Wed Oct 30, 2019 9:24 am

@focabh : would you please share information about your case, you mentioned you had the same issue in past.. did you divorce and apply retention? OR you didn't apply retention at all and straight apply for work permit?? OR did you follow any other path??

thank this will be helpful to lots of people on this forum..

focabh
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by focabh » Fri Nov 01, 2019 9:58 pm

In my case I broke up with my ex-wife (we could not get divorced because of the 4 years rule) so we went to a solicitor to see what we could do about it.

She even renewed my EU FAM with me, so she was willing to help me on that matter. However, the solicitor said it would be easy to get a retention, so he instructed us how to apply for it.

She had to stay in Spain for a while, so he said we should ask the immigration officers in Spain to stamp her passport (she is a Spanish citizen). After that, we filled the application form and applied via post.

I was working for a company with my Stamp 4.

The immigration granted me a Temp Stamp 4 in January, valid until March (remember, I had a Stamp 4 EUFAM when I applied - It was valid until 2018 and I applied for retention in October 2016).

I then received a letter informing my application was denied, as the EU citizen was no longer here exercising her EU Treaty Rights, and since we did not have kids, I was not allowed to get the retention (I believe I got the letter around February 2017).

My company then tried to apply for my work permit, but they said it would not be possible as I did have Stamp 4 and it could not be downgraded to Stamp 1. My only option would be to lose the immigration status and then apply for the Stamp 1.

My contract got suspended and then ended because of that.

Eventually, after losing my Stamp 4 I got another job and they applied for my Stamp 1, but that was a nightmare and it is not relevant to this topic.

In summary, you cannot get Stamp 1 while having Stamp 4.

finalversion_2k
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Re: Stamp 4 to Stamp 1 - Broke up with partner/WorkPermit

Post by finalversion_2k » Sat Nov 02, 2019 6:01 pm

@fkcbah : after seeing your message it feels like I'm exectly repeating your steps, almost similar situations, apply for retention, and waiting for response for more then year.. my stamp4eufam was expire on 12 Oct 2019, but before it expire my solicitor asked them for temp stamp, which they gave me till Feb 2020.

Now my company is ready to give me work permit, but they are well aware, that I'll not be approve as from stamp to stamp 1 cant possible.. so now I'm waiting for retention decision..

You mentioned you lose immigration status, what you mean by that, do you mean visa expire?? If so then how you get work permit as I know for work permit you need valid visa, it's on work permit form aswell.. second did you leave the country and back on work permit visa??

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