Which Residency Stamps can Start a Business in Ireland?

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“There are several types of stamp with different names, eg Stamp 0, Stamp 1, etc. Each one indicates a type of permission to remain resident in Ireland, including the:

  • Activities you can - and cannot do - in Ireland
  • Time period you are allowed to stay

You must be familiar with your stamp and the conditions that apply to it. If you break these conditions, you may have to leave the country.”  Quoted INIS/ISD

 (See link below to see your stamp and what the conditions are on it)

 


 Residents who can start a business (be self-employed) in Ireland

 

Stamp 4 indicates permission to stay in Ireland for a specified period, subject to 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 be given Stamp 4 if you have had permission to work in Ireland:

  • To join your Irish spouse, civil partner or de-facto partner
  • To join your EU/EEA or Swiss family member based on EU Treaty Rights Stamp4EUFAM
  • To join a family member who has immigration permission based on EU Treaty Rights Stamp4EUFAM
  • 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 & family)
  • For Long Term Residence
  • As a convention or programme refugee, or based on subsidiary protection
  • With a valid Critical Skills employment permit
  • With a valid employment permit for 5 years
  • As a researcher (ie with a valid Hosting Agreement)

Stamp 5 indicates permission to stay in Ireland without limits on the time you can remain here, subject to other conditions. Stamp 5 is reckonable as residence when applying for citizenship by naturalisation.

 


What does this mean?

 

  • Irish/ EU and British passport holders
  • Irish/ EU and British passport holders dependants (including spouse and de facto partners) in possession of the appropriate stamp (Stamp4 or Stamp4eufam)
  • Stamp 1 Investor and Entrepreneur Schemes  
  • Parents of Irish Children (Zambrano) after the Stamp4 has been granted. Conditions to get that permission requires no working or self-employment in the period before that Stamp is approved.
  • People who have been granted Refugee Status
  • Stamp 5 indicates permission to stay in Ireland without limits on the time you can remain here, subject to other conditions. Stamp 5 is reckonable as residence when applying for citizenship by naturalisation.
  • Once your time period or conditions have been met to convert your original stamp to a stamp4. (Eg: Critical skills Stamp 1 after 2 years you can apply for Stamp4) details Here
  • Researchers who have valid Hosting Agreement permission for 2 years (conflicting info, some reads 2 years some 5 years, please read HERE)

 

  • Whatever you were granted residency for, that detemines what activities you can do in the State.
  • If you are here on a work permit, that is the nature of your permission to be in Ireland, to be employed.
  • If you are here with an Investors Visa, that is the nature of your permission to be in Ireland, it is to be in that business.
  • The permits are granted on the basis of your evidence of intention of current and future activity.
  • If you wish to change status or take-up additional work outside of that permission, you need to communicate with the department directly and make application to do so.
  • This extends to your Spouse and dependants whether they are on Stamp3 or Stamp1G their status is also subject to the conditions of their Stamp.
  • If you as the EU or British Passport holder changes your route eg: Employed to Self-Employed or Study or Self-Sufficient you need to communicate with the Eutreaty division and they will advise whether you need to do new application forms or what evidence you need to supply. For your dependants' applications for EU3 6 months before their Stamp4EUfam expires (so at 4 years and 6 months from it being granted) the EU member's activity in the previous years comes in to the equation again and it is recommended your communication with the department is up to date as to your status in Ireland.
  • Note on work and investment permits: “You must not start a job or enter employment unless you or your employer has obtained an employment permit for you. 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 INIS.”

 


Residents who cannot Start a business in Ireland

 

  • Stamp 0 Persons of independent means: Retired to Ireland, Elderly Dependant Relatives and Visiting Academics. Your Stamp approval and re-newal is based on being of self-sufficient and of independant means, so working employed or self-employed is not permitted without special application and permission to do so.

 

  • Stamp 1A “Stamp 1A indicates permission in full time, paid accountancy training (in compliance with the immigration rules or regulated by the IAASA and with a training contract with a company based in Ireland) for a specified period, subject to conditions.”

 

  • Stamp 1G for spouses and de facto partners of CSEP holders and researchers on a Hosting Agreement permission “You can work full time in accordance with employment law provisions but are not permitted to operate a business or be self-employed.”
    • Permitted to work in the State without the requirement to obtain a work permit
    • Not permitted to establish or operate a Business
    • Not permitted to be Self- Employed

 

  • Stamp 2 Study Visa “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.”
  • Stamp 2A Study Visa “You must not work or engage in any business, trade or profession.”

 

  • Stamp 3 indicates permission to stay in Ireland for a specified period, subject to conditions (eg: Spouse of a Work Permit holder) “You cannot work or engage in any business, trade or profession.”

 

  • Stamp 1 Work Permits until you have applied for and been granted a Stamp 4

Note on work and investment permits: “You must not start a job or enter employment unless you or your employer has obtained an employment permit for you. 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 INIS.”(See above)

 


 Starting a Business in Ireland on South African only passports

If you wish to obtain a Visa for you and your family if you are All South African passport holders, looking at immigrating to Ireland on a the basis of Entrepreneurship, you need to complete and gain permission in a particular way. The conditions and terms of your move are very specific in the monetary amounts of investment and type of business you can start have restrictions.See links below

 


 

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

   Starting a Business on South African passports - If you want a visa to start a business in Ireland

   Starting a Business in Ireland Stamp4, Stamp4EUfam and Stamp5 - For those who have permission to start a business

   Resources for this topic- Business in Ireland - Loads of links to setting up a business in Ireland

   Stamp permissions - What you are allowed to do or not do in Ireland on your residency stamp

   Starting a Food business in Ireland (Blog)

   FSAI advertising food businesses online

   Admin before the move

   Admin once you're in Ireland

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