Stamp 4 and Temporary Transfer to a Non-EU country

[jsb_1988]

Hi,

I am a non-EU citizen. I have been in Ireland for the past 3.5 years and am currently on stamp 4, working for an Irish MNC. My base location is Ireland.

On medical grounds, I had applied for a temporary transfer to my home country. The transfer has been approved, and the company has granted me the option to relocate for 1 year. During the 1-year period, I will be on Irish payroll, and we will pay taxes in Ireland and additional costs in my home country (taxes, etc) will be handled by the company. There is no issue with work permits in my home country, as I am legally allowed to work there (since I am a citizen of that country). Tax wise, there will be no issues as the company will take care of it.

What's not clear is how will I be able to come back to Ireland. I am currently on stamp 4 and as far as I understand, if I leave the country for > 90 days, the stamp 4 will be revoked. Does it mean that I will also lose the right to work for an Irish firm? Is IRP tied to the right to work for an Irish firm, or is it just a permission to reside in the state? If I lose the permission to reside in the state, it won't matter, as I would be able to come back by applying for a new visa. However, if it is also related to right to work in Ireland, then it is a problem for me.

Also, if it is revoked, I assume that I need to reapply for a visa before coming back next year. If so, will I get stamp 1 or stamp 4 after I enter Ireland?

Thanks for your help in advance.

[SSDN4673]

I could give one synonymous condition which happen to my friend from Canada. He was working on Canadian PR. In Canadian PR if you are out of status for 3 years - you have to apply again. A lot of people abandon Canadian PR status (H1B are known for that, but able to renew it or apply again)

So Canadian firm gave my friend a Canadian Contract after working 2 years in Canada - given he was on a Canadian Contract, he was able to renew his status without trouble. But then I don't know if Stamp 4 is like PR of Ireland!

[littlerr]

A normal Stamp 4, allows the recipient to be out of the country for up to 3 months, as you mentioned.

If you need to be out of the country for a longer period, you will need to notify INIS with paper proofs stamped by recognised professionals. Having medical conditions or family situations are usually valid reasons, but INIS will need to know about them and they (on Minister's behalf) will have discretionary powers to determine whether to grant or reject your exemptions.

Will your Stamp 4 still be valid after a year? If not, then of course you will need to re-apply for a new work permit, and possibly an entrance visa (if you need one) before you can come back to Ireland. I also doubt if your company can continue paying Irish income taxes if you are not a resident and do not hold a residence permit.

If your Stamp 4 will still be valid after a year, your options are:
1. Tell INIS about your medical conditions.
--> They may approve your reason, and you won't have any issue coming back.
--> They may approve your reason but for a shorter period (e.g. 6 months), then you must come back within that period.
--> They may refuse your reason, and you will have to either stay in Ireland or apply for a new work permit/visa before you come back.

2. Don't tell INIS anything.
--> When you come back to Ireland, you may be asked by border control why you haven't been in the country for a year, and you may be refused entry and have your residence and visa cancelled (which means you may be subject to an exclusion period for a few years).
--> You may not be asked by border control at all, and you will have no issue getting into the country. You will however encounter issues if you need to apply for naturalisations in future.