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Looking for advice / 1G expiring soon while waiting for De Facto decision

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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harte11
Newly Registered
Posts: 2
Joined: Tue Oct 18, 2022 1:53 pm
Ireland

Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by harte11 » Tue Oct 18, 2022 2:19 pm

Really hoping someone can point me in the right direction as the information I have received from INIS has been contradictory.

I am currently living in Ireland and working under 1G (graduate). I have applied for De Facto back in May this year. We were hoping to hear back from them by now but a decision has not been made yet. My current permission is expiring less than a month from now. De Facto office suggested I make a request for temporary stamp 3 until the decision on my application has been made. I am currently in employment, however, I do not hold a work permit, as I did not require it under 1G and I was optimistic that I would move to stamp 4 once De Facto is approved. I realised a little too late that I should have applied for a work permit sooner. Under stamp 3 I would not be allowed to work and it would take 3-4 months to get the work permit approved and for obvious reasons I could not go on without working for that long.

So here's my question. Would it be possible to request an extension to my 1G instead of applying for 3 on the grounds that I am making an application for a work permit? Or am I missing something else and there is another solution to this? I want to make sure that I am not breaking immigration and employment laws.
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meself2
Moderator
Posts: 3251
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by meself2 » Tue Oct 18, 2022 3:24 pm

Stamp 1G is granted for 12 months only, except for those who have completed a master’s degree programme, when a further 12 months can be provided subject to conditions.
In theory, if you've done Master's or above - possible, but in practice they might not be very satisfied as you have 12 months to sort out your work permit.
Also, is your de facto partner Irish? Because otherwise it's a different stamp.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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harte11
Newly Registered
Posts: 2
Joined: Tue Oct 18, 2022 1:53 pm
Ireland

Re: Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by harte11 » Tue Oct 18, 2022 4:36 pm

meself2 wrote: ↑
Tue Oct 18, 2022 3:24 pm
Stamp 1G is granted for 12 months only, except for those who have completed a master’s degree programme, when a further 12 months can be provided subject to conditions.
In theory, if you've done Master's or above - possible, but in practice they might not be very satisfied as you have 12 months to sort out your work permit.
Also, is your de facto partner Irish? Because otherwise it's a different stamp.
Yes, my partner is Irish. I received full 24 months after completing a level 9 course. While I found a job almost immediately, my first job fell under one of the ineligible categories. Only recently that I had been promoted to a new role which fits the necessary criteria. I'm hoping at least this would be in my favour.

Are minor gaps in registration acceptable?
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meself2
Moderator
Posts: 3251
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by meself2 » Tue Oct 18, 2022 8:32 pm

harte11 wrote: ↑
Tue Oct 18, 2022 4:36 pm
 I received full 24 months after completing a level 9 course.
If you've done your 24 months, then, well, that's, most likely, the end of the road for graduate. The idea of a stamp was specifically to facilitate you with enough time to find an eligible job and apply for work permit (hence no need for it).
harte11 wrote: ↑
Tue Oct 18, 2022 4:36 pm
 Are minor gaps in registration acceptable?
Acceptable for what?
That's a bit tricky, since you theoretically have a pending De Facto application, but, quoting ISD itself (https://www.irishimmigration.ie/my-situ ... -national/):
Can I enter employment on the strength of my application while my application is in process?
No. If you do not have a separate permission that entitles you to work in Ireland, then you have no entitlement to enter employment during the application process.
And since they already said they'll give you a Stamp 3, ISD mightn't view the gap favorably, as had an option to get permission to stay here. Also, I haven't heard anything about being allowed to stay while you have a pending immigration application, but possibly other more knowledgeable folks can provide insight.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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littlerr
Respected Guru
Posts: 2462
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by littlerr » Tue Oct 18, 2022 9:53 pm

De Facto applications are *only* considered on the basis that you are in the country with a legal status.

You can and should apply for your employment permit immediately. While your application is in progress, you are considered to have a legal status even if your current IRP expires. Whether or not the employer wishes to continue employing you is a matter for them. You should argue to them that you have the legal status covered but the company does not have to always consider that.
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handoubleu
Junior Member
Posts: 52
Joined: Tue Jan 14, 2020 11:00 am
United States of America

Re: Looking for advice / 1G expiring soon while waiting for De Facto decision

Post by handoubleu » Wed Nov 23, 2022 3:00 pm

harte11 wrote: ↑
Tue Oct 18, 2022 2:19 pm
 Really hoping someone can point me in the right direction as the information I have received from INIS has been contradictory.

I am currently living in Ireland and working under 1G (graduate). I have applied for De Facto back in May this year. We were hoping to hear back from them by now but a decision has not been made yet. My current permission is expiring less than a month from now. De Facto office suggested I make a request for temporary stamp 3 until the decision on my application has been made. I am currently in employment, however, I do not hold a work permit, as I did not require it under 1G and I was optimistic that I would move to stamp 4 once De Facto is approved. I realised a little too late that I should have applied for a work permit sooner. Under stamp 3 I would not be allowed to work and it would take 3-4 months to get the work permit approved and for obvious reasons I could not go on without working for that long.

So here's my question. Would it be possible to request an extension to my 1G instead of applying for 3 on the grounds that I am making an application for a work permit? Or am I missing something else and there is another solution to this? I want to make sure that I am not breaking immigration and employment laws.
Just curious for any update on this i.e. 1) did you go with the the Stamp 3 or were you able to be granted a different temporary stamp? 2) how long your de facto processing time turned out to be?
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