Registering a company with Stamp 1

wattm · Post by **wattm** » Sun Apr 04, 2021 11:53 am

Can holders of Stamp 1 or 1G (Spouse of Critical Skills Work Permit holder) register a company in Ireland (appointed as the director) assuming they won't receive any salary directly from the company?

avta · Post by **avta** » Sun Apr 04, 2021 11:00 pm

Hi,

I believe the answer is on your passport stamp: "Not permitted to establish or operate a business"
======================================
B.Q.R.O. No.1G
Permit to remain in the State
until..............
May work full time without Employment Permit
Not permitted to establish or operate a business
Not permitted to be self employed
.......
For Minister for Justice and Equality
=======================================
For stamp 1 is the only difference that a work permit is required instead of the right of work.

wattm · Post by **wattm** » Mon Apr 05, 2021 8:14 am

avta wrote: ↑
Sun Apr 04, 2021 11:00 pm
Hi,

I believe the answer is on your passport stamp: "Not permitted to establish or operate a business"
======================================
B.Q.R.O. No.1G
Permit to remain in the State
until..............
May work full time without Employment Permit
Not permitted to establish or operate a business
Not permitted to be self employed
.......
For Minister for Justice and Equality
=======================================
For stamp 1 is the only difference that a work permit is required instead of the right of work.

Thanks. I'm trying to understand what this article explains https://www.companyformations.ie/blog/i ... t-holders/

Limited Company: Samp 3 Visa holders do qualify to be the director of an Irish company, however, as they are not registered to work in Ireland, they would be unable to take a salary from the business

avta · Post by **avta** » Tue Apr 06, 2021 1:03 am

Hi, wattm,

In fact, you can register someone with a such stamp in the CRO database.
I know the people who successfully did it 5 years ago, but they left Ireland later on.
I believe that INIS is probably not checking the CRO database all the time when renewing the stamps.
But they could check the Revenue database for sure.
The criteria for the company director is only to be the TAX resident, which means that anyone residing in the state for more than 183 days in the year qualifying by CRO. Not sure how this satisfies INIS, but
in one of the INIS FAQ there was such description for the new 1G (CSEP) permission:
=================================================
A Stamp 1G does not entitle you to:
"Operate a business on the basis of being self-employed."

Page 5:
http://www.inis.gov.ie/en/INIS/faq-spou ... r-csep.pdf
=================================================
This probably means exactly that they are currently checking only for the Revenue database and not for CRO.

BR.

wattm · Post by **wattm** » Tue Apr 06, 2021 8:04 am

avta wrote: ↑
Tue Apr 06, 2021 1:03 am
Hi, wattm,

In fact, you can register someone with a such stamp in the CRO database.
I know the people who successfully did it 5 years ago, but they left Ireland later on.
I believe that INIS is probably not checking the CRO database all the time when renewing the stamps.
But they could check the Revenue database for sure.
The criteria for the company director is only to be the TAX resident, which means that anyone residing in the state for more than 183 days in the year qualifying by CRO. Not sure how this satisfies INIS, but
in one of the INIS FAQ there was such description for the new 1G (CSEP) permission:
=================================================
A Stamp 1G does not entitle you to:
"Operate a business on the basis of being self-employed."

Page 5:
http://www.inis.gov.ie/en/INIS/faq-spou ... r-csep.pdf
=================================================
This probably means exactly that they are currently checking only for the Revenue database and not for CRO.

BR.

Thanks, that makes sense. In fact I have heard people mentioning that as long as you don't get paid directly from the company, it's not an issue. But not quite sure that's why I asked here.

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