Retention for Spouse of CSEP/Hosting Agreement

[david91]

Hello everyone,

I have a question and hope you can give me some clues.

I have come to Ireland for about two years with a CESP visa, and my wife has joined me on a dependant visa (Stamp 1G) from the beginning. We are both non-EEA. Things happen, and we don't want to stay together. I will change to Stamp 4 at the end of this year. I understand that if we are separated or divorced, then she may not be able to stay in Ireland any more (she will lose her dependant visa). She really wants to stay in Ireland, and I also don't want to put her in a difficult situation.

I am finding options allowing her to stay legally and independently in Ireland. She is working full-time (sale assistant) now. I found this link (https://enterprise.gov.ie/en/what-we-do ... nt-permit/) about Dependant/Partner/Spouse Employment Permits. As I understand, she can apply for this kind of work permit. The link also mentions:

Change of circumstances
It is recognised that circumstances may change.

If the holder of a Dependant/Partner/Spouse Employment Permit separates from the primary permit holder/researcher, they are no longer eligible to renew a Dependant/Partner/Spouse Employment Permit. However, if the Dependant/Partner/Spouse Employment Permit holder obtains permission from the Department of Justice to remain in the State in their own right, they may, subject to normal requirements, make an application for a different class of employment permit.

I wonder if there is any chance for her to stay in Ireland after we broke up. If this is not an option, do you know any route that will help her to continue to stay in Ireland? (Her skills and experience are not on the critical skills list, so it is extremely difficult for her to get a job with a visa sponsor in a short time).

Thank you in advance for your help.

[meself2]

As I understand, she can apply for this kind of work permit

She can't, as you're separating, plus she used to be holding 1G.
From the quote you provided, it states that:

However, if the Dependant/Partner/Spouse Employment Permit holder obtains permission from the Department of Justice to remain in the State in their own right, they may, subject to normal requirements, make an application for a different class of employment permit.

So she would need to get her own permission regardless.

If this is not an option, do you know any route that will help her to continue to stay in Ireland?

The only thing I could think of is student route. She could do a Master's for a year and get a 1G for a year/two years that way after graduation, however, the cost would be as if she was an international student (and cut-off dates for a lot of September courses have now passed).
Also, depending on her nationality, she might be able to apply for Working Holiday visa, but it has no path to stay at all.

[david91]

Thank you for your answer.

She can't, as you're separating, plus she used to be holding 1G.

Currently, we are still not separated. I want to make sure we understand all rules before we come to a final decision. I am confused about the link. I understand that since 2019, the spouse of CESP/HA can work without a work permit (they get stamp 1G than stamp 3). Does this mean the guideline (the link) is useless now (assuming for other couples)? I wonder if there are any benefits to changing from stamp 1G to stamp 1 with that kind of work permit (even though it is free to apply).

"Obtaining permission from the Department of Justice to remain in the State in their own right" seems case-by-case right. I read another topic about retention for spouses of EU and Irish, and it seems not easy also.

The only thing I could think of is student route. She could do a Master's for a year and get a 1G for a year/two years that way after graduation; however, the cost would be as if she was an international student (and cut-off dates for a lot of September courses have now passed), plus she would indeed have to study.

I also thought about this way, but I consider it the last option as it is costly and also takes effort. Just one more thing, if she could get a work permit on her own (a general work permit or CESP), then she can stay with her work permit, right?

Many thanks for your answer

[meself2]

I understand that since 2019, the spouse of CESP/HA can work without a work permit (they get stamp 1G than stamp 3). Does this mean the guideline (the link) is useless now (assuming for other couples)?

This is mostly for other dependents (for example, children) - if you have a child dependent on CSEP, they will get Stamp 3, unless they go via Dependent Employment permit route and switch to Stamp 1. And yes, they state at the start of the section that CSEP/HA holders' spouses have 1G and don't need a work permit.

I wonder if there are any benefits to changing from stamp 1G to stamp 1 with that kind of work permit (even though it is free to apply).

Don't think so, no.

"Obtaining permission from the Department of Justice to remain in the State in their own right" seems case-by-case right. I read another topic about retention for spouses of EU and Irish, and it seems not easy also

EU spouses are totally different - they're covered under the EU DIrective, so if they get 3 years, there are provisions for them to stay. There's something similar for Irish spouses, I think.
But for dependent on a work permit holder, there's nothing like that.

if she could get a work permit on her own (a general work permit or CESP), then she can stay with her work permit, right?

Yes, then she is independent of you. That would exactly be the permission "in her own right".

[david91]

Thank you for clarifying the information.