After work permit?

[Ben]

Here's the situation:

A Malaysian man has been in Ireland on work permits for 3 years. His wife and three children have joined him in Ireland. His wife holds Stamp 3, as the spouse of a work permit holder. The children have not been registered with the GNIB (the man has been advised that children under 16 are not subject to immigration control, though I find this mind boggling).

After 5 years of work permits (4 years?), the man intends to apply for ILR. I am not experienced in this, so I wonder if someone who is can help me out:

Assuming the man's application for ILR is successful, and he attains Stamp 4, what happens to his family? Does his spouse remain on Stamp 3 for ever more, or does she get Stamp 4 also? What about the three children, once they reach the age of 16, must they also register with the GNIB? What "stamp" would be given to them?

Any input is appreciated.

[esharknz]

I've actually found something interesting here that could answer the question of the latter, that is). It's quite terrible that this is done. http://www.mrci.ie/publications/documen ... ng2008.pdf.

There is a section regarding the children of migrant workers a few pages in. I quite honestly couldn't believe they did this!

I know DETE have a answer to an FAQ asking if the spouse of a person with LTR can apply for a spousal work permit. The answer was yes. I don't know what other rules they may have out there to address this issue.

[sakura]

I've actually found something interesting here that could answer the question of the latter, that is). It's quite terrible that this is done. http://www.mrci.ie/publications/documen ... ng2008.pdf.

There is a section regarding the children of migrant workers a few pages in. I quite honestly couldn't believe they did this!

I know DETE have a answer to an FAQ asking if the spouse of a person with LTR can apply for a spousal work permit. The answer was yes. I don't know what other rules they may have out there to address this issue.

The link isn't working for me...can you provide an overview of what they are doing, for my benefit as well as others?

[iamwhoever]

I've actually found something interesting here that could answer the question of the latter, that is). It's quite terrible that this is done. http://www.mrci.ie/publications/documen ... ng2008.pdf.

There is a section regarding the children of migrant workers a few pages in. I quite honestly couldn't believe they did this!

I know DETE have a answer to an FAQ asking if the spouse of a person with LTR can apply for a spousal work permit. The answer was yes. I don't know what other rules they may have out there to address this issue.

The link isn't working for me...can you provide an overview of what they are doing, for my benefit as well as others?

It's because the link is to a pdf file. If you go to the main site, http://www.mrci.ie, you then clink on the "publications" link on the left hand side, it will take you to the page with the pdf file, "Migrant Ireland Spring 2208."

[Ben]

I've actually found something interesting here that could answer the question of the latter, that is). It's quite terrible that this is done. http://www.mrci.ie/publications/documen ... ng2008.pdf.

There is a section regarding the children of migrant workers a few pages in. I quite honestly couldn't believe they did this!

I know DETE have a answer to an FAQ asking if the spouse of a person with LTR can apply for a spousal work permit. The answer was yes. I don't know what other rules they may have out there to address this issue.

The link isn't working for me...can you provide an overview of what they are doing, for my benefit as well as others?

Take the dot off the end of the link. Or click here.

And thanks, esharknz. Makes for interesting reading.

[iamwhoever]

And thanks, esharknz. Makes for interesting reading.

+1 Excellent read.

[sakura]

Ah, didn't see the dot at the end...thanks to both of you.

As for children dependents...it is very strange that they don't have any status. Are non-EU/EEA children still not allowed to study in state-funded schools?

[Ben]

..Are non-EU/EEA children still not allowed to study in state-funded schools?

The three children of the Malaysian work-permit holder in question are currently studying in state schools. I know of other children of work-permit holders who are also studying in state schools.

Bizarre, isn't it, that children under 16 are not subject to immigration control? Yet, do you think any airline would fly such a child on a one-way ticket from Malaysia (or anywhere) to Ireland? Of course they wouldn't. So money is wasted on a return ticket when only the first leg is used.

[esharknz]

I've had a look at the following - http://www.inis.gov.ie/en/INIS/Pages/Lo ... 0Residency and it says the following:

"The dependants of the aforementioned, who have been legally resident in the State for over five years (ie: 60 months) may also apply for long term residence. This particular long term permission does not exempt the dependants from employment permit requirements."

So, to me, this looks like they'd be given a stamp 3 or similar, but not a stamp 4 (not sure how this can be justified).

[Ben]

I've had a look at the following - http://www.inis.gov.ie/en/INIS/Pages/Lo ... 0Residency and it says the following:

"The dependants of the aforementioned, who have been legally resident in the State for over five years (ie: 60 months) may also apply for long term residence. This particular long term permission does not exempt the dependants from employment permit requirements."

So, to me, this looks like they'd be given a stamp 3 or similar, but not a stamp 4 (not sure how this can be justified).

I saw that. It didn't make sense to me either. The wife and children can apply for and attain Long Term Residence, but they still need a work permit if they want to get a job. So, when the children are 40 years old, have lived in Ireland since they were babies (maybe even born here), they would still be required to hold a work permit?

[esharknz]

Yeah,
seemingly it is all down to the childs status. I've read somewhere that those on a stamp 3 may be able to apply for naturalisation, but never stamp 2. So it seems a child in their 20s could possibly be eligible for naturalisation, even if they were tiny when they arrived here. I've never heard of this sort of situation before!

[archigabe]

Among those granted new permits this year, the largest numbers came from India (1,383) and the Philippines (605), both of which are well-represented in the health service. These were followed by US citizens (415), South Africans (253) and Malaysians (233).

Take-up of the "green card", introduced last year to attract highly skilled workers and mostly covering occupations with a salary of €60,000 or more, has almost halved from 324 in June 2007 to 173 last month.

http://www.irishtimes.com/newspaper/fro ... 95600.html


http://www.irishtimes.com/newspaper/ire ... 15942.html

Work permits issued in 2007: Top 10 nationalities
1. India 4,065
2. Philippines 3,882
3. South Africa 1,458
4. Ukraine 1,412
5. China 1,187
6. Brazil 1,173
7. Pakistan 813
8. Australia 807
9. Malaysia 797
10. Bangladesh 666

And finally (some of the nationalities represented by one)
Bhutan
Burkina Faso
Cayman Islands
Haiti
Macau
Maldives
Papua New Guinea
Solomon Islands
St Vincent & the Grenadines
Swaziland
Western Samoa
Yemen