Stamp 2 within the State

[petebig]

Hi all,

I would like to know is it possible for a non-eu national who is on temporary stamp 4 awaiting decision on EU1 application as dependent child (over 21) of EU citizen to switch to stamp 2 (student) in his own right?

I am thinking of doing a Masters regardless of decision on EU1 application. If it is approved then it is better as I will be paying less fee as I will qualify for irish/eu fee. If in an unfortunate scenario my EU1 application is not decided by the time I am due to start the course or go in review I'd like to register myself under stamp 2.

Please let me know if anyone have any information as if it will be permitted while being in the state or would I have to apply from my home country.

Kind regards

[Ali0857]

If you were on stamp 2 before so yes you can change it back ..



Personal experience

[petebig]

If you were on stamp 2 before so yes you can change it back ..



Personal experience

Thank you for your input. However, I was never on stamp 2 in the past. This temporary stamp 4 is my first and only stamp in Ireland.

[Mal111]

temp stamp is given to applicants so their right to be in state remain up-to-date AND they can access employment and should be able to enjoy all entitlements as a family member of EU citizen based on that fact your temporary stamp should also allow you to enrol with college and should pay the same fee as irish and eu citizen pay

in my view while you have this temp stamp you should be able to enrol your self on a mstr degree same as an eu citz can because your a holder of stamp 4 and only if your application based on eu1 is refused then you can simply advise your college to revert your fee to non eu citz category

holder of temporary stamp 4 enjoys the same entitlements as the holder of 5 year residence card the only difference is their entitlements are not confirmed yet.
i think you are currently qualify for less fee based on your current temp stamp 4.

this is only my opinion and not a legal advise.
you should also contact eu treaty rights section and confirm this

thanks

[lucidj]

Regardless of ur stamp 4 being approved u won't be able to pay European fees in most colleges as u have to have held the stamp 4 for three years minimum for that to be possible. If you can find a college that takes u with European fees, great, if not, I'd suggest that you take a part time course because they only have European fees regardless of your visa status.

[Mal111]

this 3 year rule sounds ridicules I didn't search into that area yet but I think it fails common sense !

eu citizen and their family member must be treated equally this is the fundamental principle of eu directives.

[broli]

this 3 year rule sounds ridicules I didn't search into that area yet but I think it fails common sense !

eu citizen and their family member must be treated equally this is the fundamental principle of eu directives.

The 3 year rule applies to Eu citizens as well, you must be living in the EU for the last 3 years unless you are in a diplomat family for exceptions .

[petebig]

this 3 year rule sounds ridicules I didn't search into that area yet but I think it fails common sense !

eu citizen and their family member must be treated equally this is the fundamental principle of eu directives.

Thank you for your advice.

I will apply and see what fee basis they put me on.

Having said that my primary concern is that I am thinking of getting stamp 2 in my own right.

There are conditions that come with Stamp 4 EU Fam such as my EU parent being resident and economically active in Ireland for my residence to be legal. Although they do not intend to leave Ireland and/or stop working but I think I'd like to become independent from immigration point of view.

As mentioned before currently I am waiting for decision on my EU1 application holding temporary type 4 stamp. Once I get offer from university and enrol myself can I go to GARDA and change my status and register as a student under stamp 2.

[lucidj]

You don't need a student visa, use your temporary stamp 4. I am waiting for a stamp 4 based on marriage to an Irish citizen therefore I have no visa at all at the moment and I still managed to enroll in university

[petebig]

You don't need a student visa, use your temporary stamp 4. I am waiting for a stamp 4 based on marriage to an Irish citizen therefore I have no visa at all at the moment and I still managed to enroll in university

Thank you for your reply.

I understand what you mean. However, I want to know if I wish to register as a student on stamp 2 in case my EU parent decide to stop working or go back to their home country and I wish to remain in Ireland in my own right on stamp 2 then possibly extend under third level graduate scheme (Stamp 1G) and eventually work permit.

I know the route I am proposing is expensive and complicated than residence as family member of EU citizen but personally I'd like to take this up as a challenge to develop myself.

[petebig]

Hi all,

Does anyone has any information regarding this situation please?

[dupalsky]

According to INIS website, you can only go from bottom to the top and not the other way around(e.g from stamp 1 to stamp 6). Apparently, there are exceptions to this rule based on what has already been said on here.

But, I think your question has already been answered by Ali0857. According to what he said, this will only be possible if you had stamp 2 previously before changing to a temp stamp 4.

Personally, I think there is more to this than what you are revealing. It is odd for anyone to want to make their life more difficult because they want to challenge themselves to quote your comment "I know the route I am proposing is expensive and complicated than residence as family member of EU citizen but personally I'd like to take this up as a challenge to develop myself".

Dupalsky

[petebig]

According to INIS website, you can only go from bottom to the top and not the other way around(e.g from stamp 1 to stamp 6). Apparently, there are exceptions to this rule based on what has already been said on here.

But, I think your question has already been answered by Ali0857. According to what he said, this will only be possible if you had stamp 2 previously before changing to a temp stamp 4.

Personally, I think there is more to this than what you are revealing. It is odd for anyone to want to make their life more difficult because they want to challenge themselves to quote your comment "I know the route I am proposing is expensive and complicated than residence as family member of EU citizen but personally I'd like to take this up as a challenge to develop myself".

Dupalsky

Dupalsky,

Thank you for your post and information.

Regarding your personal insight suggesting that 'there is more to this than what you are revealing. It is odd for anyone to want to make their life more difficult...'

I would like to clarify my position to prevent people from making unfound judgement. My parent is very close to their retirement age and I would not want them to continue working for sake of my residence in the state. As it is clear that as long as EU citizen is economically active or residing with sufficient resources can confer residence rights to their non-eu family members. Family members can retain right of residence in case EU citizen retire provided they have resided in the state for three years and was in employment for 12 months prior to retirement. My parent does not qualify as they have not been in state for three years.

So yes, I would gladly challenge myself than to make it cumbersome for my parent wanting them to continue working, and even reside in Ireland for that matter, just to keep my residency valid.

I am seeking this information in order to evaluate the options at my hand as my parent is still in full-time employment with no intention to retire or leave Ireland yet.