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Depending on the work permit holder’s type of work permit, that will result in what stamps the spouse and children get.
We will be covering the following Stamps for the work permit/study permit holder themselves and each of their family members:
- Critical skills
- General work permit
- Study visa
Critical Skills
Your Spouse and children can come with you to Ireland immediately, there is no waiting to join time period
Your spouse by default gets Stamp3, but if you take out private medical insurance, they can request a Stamp1G at Garda Immigration when they register after arrival.
Your children under 16 years do not get registered until they turn 16.
Your children 16 to under 18 get a Stamp3. They are automatically considered minors and dependant.
When your children are 18 year they are considered adults
If your children are 18-23 years they need to be proven dependants to move to Ireland with you and to remain in Ireland need to be proven dependants, and enrolled in full time education
If your children are 18-23 years and are not dependants, they may be married, or working or living outside of your home where you do not take full financial responsibility for them they are not eligible to move with you nor remain in Ireland as they are not dependants
Your De facto (unmarried partner) has to apply for a pre-clearance visa which can take up to 6 months to approve, and then they also can apply for Stamp1G
General work permit
Your Spouse and children of a General work permit holder cannot join for 12 months, when they do they need to submit the paperwork required to Unit5, including proof of private medical insurance and can wait up to 6 months for that approval.
Once approved, they will get the following approvals and condtions:
Your Spouse gets a Stamp3
Your children under 16 years do not get registered until they turn 16.
Your children 16 to under 18 get a Stamp3. They are automatically considered minors and dependant.
When your children are 18 year they are considered adults
If your children are 18-23 years they need to be proven dependants to move to Ireland with you and to remain in Ireland need to be proven dependants, and enrolled in full time education
If your children are 18-23 years and are not dependants, they may be married, or working or living outside of your home where you do not take full financial responsibility for them they are not eligible to move with you nor remain in Ireland as they are not dependants
*Note there is no provision published for a De facto (non-married) partner of General work permit holders see more on De Facto conditions HERE
Exception for Doctors on GWP
As Medical Doctors are traditionally only offered a 12 month work permit, they have until very recently had restrictions on the spouse being given Stamp3 even though immediate Family Reunification (do not need to wait 12 months like other GWP’s are)
Work Permit division announcement for GWP Medical Doctors 8 March 2022
- Work Permit skills lists: Am I eligible and SOC codes
- Critical skills work permits how they work: The Basics of applying
- Critical skills going deeper into the information and getting a job offer and work permit
- General Work permits how they work: The Basics of applying
- General Work permits going deeper into the information and getting a job offer and work permit
- General Work permits how to get your family processed when they arrive after 12 months
What are the conditions on the stamps?
What can I or can't I do on my approved Stamp?
The Work permit holder themselves (GWP OR CSEP):
Stamp1
Stamp 1 indicates permission to work or operate a business in Ireland, subject to the conditions applied for.
So, if you applied for a work permit, your permission is to work for that company for that 2 year period, unless you apply for something else and have that approved.
If you applied for a business visa based on the conditions of that visa you can operate the business as agreed, but you cannot be employed unless you apply for a work permit.
In order to obtain a stamp 1 permission, you must hold a valid employment permit.
This letter will state if you are allowed to set up a business or be self-employed in the State if that was applied for.
Stamp 1 is reckonable as residence when applying for citizenship by naturalisation.
Summary of conditions:
You must not start a job or enter employment unless you or your employer has obtained an employment permit for you.
You should not enter the State without this letter of approval.
If you do not have an employment permit you must not engage in any business, trade or profession unless specified in a letter of permission from ISD.
If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
Examples when used
You may be given Stamp 1 if you have permission to either:
- Work here based on an employment permit
- Operate a business here
The Spouse or De Facto partner of a Critical skills work permit holder (CSEP):
Stamp1G
Spouse/de facto partner of a Critical Skills Employment Permit holder
Stamp 1G may also be given to spouses or de facto partners of a CSEP holder.
Stamp 1G allows the holder to take up employment without the need to obtain an employment permit.
Summary of employment conditions for spouses and de facto partners of CSEP holders:
- Permitted to work in the State without the requirement to obtain a work permit
- Permitted to undertake courses of study in the State
- Not permitted to establish or operate a business
- Not permitted to be self-employed
- Renewal of the Stamp 1G registration should be applied for annually, and after 5 years on a Stamp 1G, you may apply for a Stamp 4
- Periods spent on Stamp 1G are considered as reckonable residence for the purpose of making an application for Citizenship/Naturalisation.
The Spouse of a General work permit holder,
and children 16-23 years of all work permit holders (GWP or CSEP)
Stamp3
Stamp 3 indicates permission to stay in Ireland for a specified period, subject to conditions.
Stamp 3 is reckonable as residence when applying for citizenship by naturalisation.
Summary of conditions:
You cannot work or engage in any business, trade or profession, unless you are granted a work permit by the Department of Enterprise Trade and Employment (DETE).
If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
Examples when used
You may be given Stamp 3 if you have permission to:
- Volunteer, for example with a charity or non-profit organisation
- Be a minister of religion
- Join your non-EEA/EU/Swiss spouse/civil partner or family member who is here based on a work permit.
*Note De facto (non-married) partner of Critical skills work permit holders need a pre-clearance visa to come to Ireland see more on De Facto conditions HERE
Critical skills work permit holder after 2 years or General work permit holder after 5 years
Stamp4
After a Stamp1, Critical skills work permit holder has been resident and working the required 2 years, can apply for a Stamp 4.
After a Stamp1, General work work permit holder has been resident and working the required 5 years, can apply for a Stamp 4.
Stamp 4 indicates permission to stay in Ireland for a specified period, subject to conditions.
Stamp 4 is reckonable as residence when applying for citizenship by naturalisation.
Summary of conditions
You can take up employment and are not required to hold an Employment Permit.
You can work in a profession, subject to conditions of the relevant professional or other bodies.
You can establish and operate a business.
You may access state funds and services as determined by Government departments or agencies.
If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
Examples when used
You may be given Stamp 4, after you have had a permission to work in Ireland:
- With a valid Critical Skills Employment Permit for 2 years
- With a valid employment permit for 5 years (General work permit holder)
- As a researcher (with a valid Hosting Agreement) for 2 years.
You may be given Stamp 4 if you are granted permission:
- To join and reside with your Irish spouse, civil partner or de-facto partner
- As a convention or programme refugee, or based on subsidiary protection
- To join your family member who is a recognised refugee or has been granted subsidiary protection
- To remain with your child who is an Irish citizen
- Under the Investor and Entrepreneur Programme (including spouse/partner & eligible family member)
- For Long Term Residence.
Student Visas (also known as Study permit holders)
Stamp 2
Study permit holders cannot bring a spouse or dependants to Ireland, unless it is a PHD study program
(some exceptions once you have been studying a few years and have proof of finances and good grades.)
They also do not get any reckonable residence towards naturalisation.
Depending if it is a full time degree (Stamp2) or part-time study (Stamp2A) and if that study program is ILEP or not, depends if they can work or not:
Stamp 2 indicates permission to study a full time course on the official Interim List of Eligible Programmes (ILEP) for a specified period, subject to conditions.
Summary of conditions:
You cannot receive any benefits or use publicly funded services (for example, public hospitals).
You can work in casual employment for a maximum of 20 hours per week during school term and 40 hours per week during holidays.
You must not engage in any other business or trade.
If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission (up to a maximum of 7 years) and registration before they expire.
Please note if you are an English language student you can only be registered on three courses of a 25 week duration.
If you wish to continue studying then they need to move to a course on the ILEP.
Students can only study in the State for a maximum of 7 years.
- You must show progression each year in your course.
- You must have an attendance of at least 85%.
It is a condition of all stamps granted:
- That you obey the laws of the State
- That you should not become involved in criminal activity
That you are continuously resident in the State for the duration of your permission with allowance for reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried on within the State.
Examples when used:
You may be given Stamp 2 if you have permission to study the following:
- English language
- Higher national diploma
- Degree (undergraduate)
- Master’s degree (postgraduate)
- PhD
Stamp2A
Stamp 2A indicates permission for full time study in Ireland for a course that is not on the official Interim List of Eligible Programmes (ILEP), for a specified period.
Stamp 2A is not reckonable as residence when applying for citizenship by naturalisation.
Stamp 2A may also be granted to spouses of certain financially independent Stamp2 students, in limited circumstances.
Summary of conditions
You cannot receive any benefits or use publicly funded services, for example, public hospitals. You must have private medical insurance.
You must not work or engage in any business, trade or profession.
If you wish to stay in Ireland past the expiry date of your immigration permission, you must apply to renew your permission and registration before they expire.
Examples when used:
You may be given Stamp 2A in the following circumstances:
- Semester abroad (that is at an Irish university/college)
- Study at a private secondary school in Ireland
- Spouse of financially independent student.
More information on Study Permits HERE
What happens to my Spouse's Permissions at Renewal?
Stamp1G Spouse of CSEP
Stamp 1G holders may apply for Stamp 4 after residing in a State for 5 years with Stamp 1G.
Stamp3 Spouse of General work permit holders
Your permission to remain in Ireland, is that and that alone.
It is to remain in Ireland as long as your spouse continues to work under the conditions of their general work permit.
At 5 years after residence, the work permit holder can apply for a Stamp4, but this does not extend to the spouse and children.
You however are restrained to remain at home, not working, not self-employed.
Your only way out of this is to get a work permit in your own right.
This would have to be an eligible position for a work permit to be approved and all the conditions as you spouse applied for originally would apply.
Stamp3 can access education but may have to pay full tuition fees. However, if there is a paid work placement element to the course then this may require a change of immigration status to enable the person to work that.
Or after "Without condition to time" stamp5 (at 8 Years) or Naturalisation as an Irish Citizen (at 5 years you can apply, takes approximately 2 years to be processed)
What is a Dependant Child?
Children under the age of 18 years are automatically dependants.
As soon as they are 18 years they are adults, and that is when you need to prove they are still dependants under the conditions of the Family Reunification rules HERE
Dependent children over the age of 18 and under the age of 23 years, who entered the State with their work permit holding parent, may be covered by their parent’s permission while they are enrolled in school and may continue to be covered up to age 23years, if they have been continuously dependent on their parents and progressed from secondary school in the State directly into third level education.
“Older children (over 18) may be able to join you in Ireland if you can show that they are wholly dependent on you.
Older children who are able to work and support themselves in the country where they live, or have other family members who can support them, are less likely to be approved.
The decision is based on the individual circumstances of the applicant.” Citizens Information
Dependency proof is required at registration at Garda Immigration and continuously throughout the renewal processes of the work permit holders' and dependants’ Stamps.
You need to keep proof of all finances that can show they are your dependant, and their enrollment in education for these purposes.
You can get an idea of what they mean by dependancy on the Family Reunification Document linked above
Children of work permit holders
Your older children are sadly on the rough end of the stick in your move. This cannot be denied.
Their permission to remain in Ireland, is that and that alone, to remain in Ireland as long as the work permit parent continues to work under the conditions of their work permit.
As a Critical skills work permit holder's older children can apply for a work permit in their own right, as the dependant of a Critical Skill's work permit holder dependant HERE
Critical skills Dependents can apply for a Dependant/Spouse/Partner Employment Permit. This employment permit makes it easier for dependents to access employment because:
- Employers do not have to satisfy the labour market needs test
- The dependant can apply for any job vacancy except that of a domestic operative
- Applications and renewals are free of charge
- Pay must be at or above the National Minimum Wage
General work permit holders older children (18-23years) however are restricted to remain at home, not working, not self-employed.
Their only way out of this is to get a work permit in their own right.
This would have to be an eligible position for a work permit to be approved and all the conditions as you spouse applied for originally would apply.
They cannot apply for a Dependent/Spouse/Partner Employment Permit.
This means the job must satisfy the criteria for the permit (eligibility of the career applies to this, as do all the other conditions like Labour market needs test, 50:50 rules etc as per General or Critical skills themselves)
Older Children who do not/ cannot apply for their own work permit:
Stamp3 can access education but may have to pay full tuition fees. However, if there is a paid work placement element to the course then this may require a change of immigration status to enable the person to work that.
The conditions on all Older Children between 18-23 years as above, are that they are proven dependants and that they are in full time education, as per the Family Reunification document linked above, if they do not have a work permit themselves.
If they remain dependants on the CSEP or GWP holder for the duration of their time until they can apply for "Without condition to time" stamp5 (at 8 Years) or Naturalisation as an Irish Citizen (at 5 years you can apply, takes approximately 2 years to be processed)
The alternative is for older children of CSEP or GWP: if not dependant or not eligible for a work permit
They can of course apply for a Student visa in their own right, this does allow for some work (if Stamp2) as above
More information on Study Permits HERE
But remember, the conditions of Stamp2 and Stamp2A: They also do not get any reckonable residence towards naturalisation.
Issues faced by Stamp3 holders in trying to get their own work permits:
There are organisations trying to fight the Stamp3 circumstances:
They are also on facebook:
They have extensive information on the difficulties faced on Stamp3
Here are just some :
“Prospective employers of a general work permit holder must perform a labour needs test, while the job itself must have a minimum annual remuneration above €30,000 and cannot be on the ineligible categories of employment for permit holders list. This list is extensive and precludes the permit holder from being employed in a wide range of areas, and can be accessed here. The costs of a general work permit is €500 for 6 months or less duration or €1,000 for an employment permit from 6 months up to 24 months duration.
Therefore dependent spouses in such cases are treated the same as any other third-country national seeking work in Ireland, without any recognition of the fact that their partner/spouse is already employed in Ireland and the family already resides here.
Partners/spouses of a critical skills employment permit holder enjoy seemingly less restrictive access to employment. They can apply for a work permit in respect of almost all occupations, including those with a remuneration of less than €30,000 per annum, while their prospective employer is not required to undertake a labour market needs test. There is no charge for this permit. Yet, in spite of such advantages, designed to ensure Ireland can attract critical skill employees into the country together with their families, in practice it is prohibitively difficult for both types of partners/spouses to get employment in Ireland.
Lack of awareness of stamp 3 among employers and recruiter:
This is reflected in the limitations placed on stamp 3 holders when seeking employment. This is reinforced by the language on the stamp 3 permit which states that the stamp holder is not permitted to work in Ireland. In the first place, many of the recruitment portals used by employers do not include an option for stamp 3 holders seeking employment. Even where the candidates have an option to apply, many employers are not willing to consider an applicant who is on a stamp 3. At the same time, recruitment agencies are already aware of the complicated situation stamp 3 entails and have a general policy to only consider stamp 4 holders and EU candidates. Consequently, agencies such as HAYS, Morgan McKinley and Brightwater refuse to even represent candidates with relevant skills who are in the stamp 3 category.
Ambiguity in information on government website:
The possible difficulties faced by dependent family members when seeking employment is not adequately communicated prior to their arrival in Ireland. This is a source of frustration for many partners/spouses who only face such difficulties after they have relocated to Ireland. This is compounded by inaccurate information being provided by DBEI with regards work permits for dependent family members. At the same time, there is confusion regarding the language used on the DBEI website and, for example, the extent that the partners/spouses of critical skills permit holders can accept employment offers with annual remuneration of above €30,000. Currently the relevant section of the website only states that the dependents of critical skills permit holders “can apply for a permit with a remuneration of less than €30,000 per annum."
Important links:
#MapMyMove- Our coaching Services - Confused or lost and need some direction, book a session with us to help untangle the confusion and work out your route of immigration
Terms and Conditions of the Non-EU members Residency Stamps - What are they allowed to do in the state?
Register at Garda Immigration - How to register at Garda Immigration and Renewals of Residency stamps
