Status change

[griffith]

Hi
I will need an advice, hopefully someone can provide some sort of information on this.
After spending 5 years on stamp4eu, i applied for an EU3 back in october 2020 and i am on a temporary stamp for now as the department havent taken a decision yet.
Meanwhile both of us (husband and wife) are residing in the state but we have decided to divorce.
She is still living in the country but NOT exercising treaty rights as she is taking jobseekers benefit.
This contradicts the information which is supplied when applying for an EU3 as she was in a full time employment back then.
I know this may not be in my favor but my question does not relate to my circumstances.
So heres the question.

Can i withdraw my case (EU3) and go back to my country of origin and get my employer to apply for a work permit or critical skills permit and come back in the country on a different status ? is this possible? If yes than what are the chances of getting one as i have years of experience working in this industry and the company would be more than happy to do this for me.
One more thing, citizenship application is also in progress, would this effect that application?

I have decided to go down this road as i do not really trust on the minister to take a fair decision on EU cases and also for them its now taking years to reach a final decision and i am not really waiting many years to get a final answer from them.

guys please advice i know you always do.
Thankyou

[Nala2021]

I understand that you had enough of waiting for the EU3 and you would like to go around it if possible. What I would be worried about is leaving the country (in theory the job), and then coming back to the same employer for a different status/ visa/stamp, without actually the job (role, wages, benefits, etc) changing to reflect this. This may look a little weird to authorities, and I would be mindful of it. To create a new contract with them, something has to change from their part as well as yours (such as being contracted to work for more hours etc).

I mean for the citizenship application, things change all the time in life don't they? One can't possibly expect that you have the exact same situation from when you first applied, to when you actually receive the naturalisation certificate. I do assume that you may have to update the information on your status as you work through your issue, as stated above, but apart from that, what else can one do?

[griffith]

True what you just said but i actually thought about all this.
My current salary is far more than the 30k critical skills requirement. Hours of contract will remain the same, the only thing that will change is the designation but i don't mind doing the other job either.

I am stressing on the visa status, department is taking ages (yes thats right ages) to finalise a case, i think that my case is pretty straight forward and i provided more than enough documents with the form EU3 and they still haven't taken a decision yet, as i heard from a few that they will require additional documents (proof of relationship history etc. etc.) i dont have any problem in giving these documents but this means that i will again be given a temporary stamp. I no longer have that energy to deal with the department anymore which is why i am trying to get rid of the EU status.

If somehow i return to the country on a different visa stamp than i think the citizenship application will still be valid as i did spent 6 years on permanent residency (unless the department cancels or revokes my previous visa stamps) but again i am not sure about all this which is why i am here to ask these questions.

If the department proceeds in investigating my case (sham marriage etc.) they can go ahead no problem but i simply do not have time to wait and see the outcome as its taking very long which is why i would like to avail the other offer which i currently have. once again not sure if i can do this ?

[meself2]

What stops you from applying for an employment permit within the country, so you don't move in and out?
Taken from here:

Individuals in receipt of a Stamp 4 Permission who’s circumstances have changed, that is, family situation, employment status or completed studies should contact the Department of Justice’s Immigration Service Delivery (ISD) in the first instance - My situation has changed since I arrived in Ireland - Immigration Service Delivery (irishimmigration.ie)

Where an application for an Employment Permit is submitted from a holder of a Stamp 4 Permission the following additional information may be required:

An explanation as to why the non-EEA National is seeking to make an application for an employment permit

Details of the non-EEA National’s current immigration status and a history of their engagement with the Department of Justice including the efforts they have made to renew of their Stamp 4 permission, or to seek to switch to an alternative permission, that is, Stamp 1
Additional relevant information in support of the application
When this information has been received the application will be assessed in line with the terms and conditions of the employment permit type.

You can also try to go EU5 route to retain your stamp, but I don't think you would want to.

[finalversion_2k]

What stops you from applying for an employment permit within the country, so you don't move in and out?
Taken from here:

Individuals in receipt of a Stamp 4 Permission who’s circumstances have changed, that is, family situation, employment status or completed studies should contact the Department of Justice’s Immigration Service Delivery (ISD) in the first instance - My situation has changed since I arrived in Ireland - Immigration Service Delivery (irishimmigration.ie)

Where an application for an Employment Permit is submitted from a holder of a Stamp 4 Permission the following additional information may be required:

An explanation as to why the non-EEA National is seeking to make an application for an employment permit

Details of the non-EEA National’s current immigration status and a history of their engagement with the Department of Justice including the efforts they have made to renew of their Stamp 4 permission, or to seek to switch to an alternative permission, that is, Stamp 1
Additional relevant information in support of the application
When this information has been received the application will be assessed in line with the terms and conditions of the employment permit type.

You can also try to go EU5 route to retain your stamp, but I don't think you would want to.

well no doubt Stamp4 can apply for work permit, but thing is they are not giving decision of Stamp4 to Stamp1 cases.. For Example I applied for work permit on 28 June went in queue, then my application processing date came on 12 Oct.. and since Oct I'm waiting for response. I put application status query every second week and same answer 'Your application is being processed you will hear decision in 1 week'.

[meself2]

What stops you from applying for an employment permit within the country, so you don't move in and out?
Taken from here:

Individuals in receipt of a Stamp 4 Permission who’s circumstances have changed, that is, family situation, employment status or completed studies should contact the Department of Justice’s Immigration Service Delivery (ISD) in the first instance - My situation has changed since I arrived in Ireland - Immigration Service Delivery (irishimmigration.ie)

Where an application for an Employment Permit is submitted from a holder of a Stamp 4 Permission the following additional information may be required:

An explanation as to why the non-EEA National is seeking to make an application for an employment permit

Details of the non-EEA National’s current immigration status and a history of their engagement with the Department of Justice including the efforts they have made to renew of their Stamp 4 permission, or to seek to switch to an alternative permission, that is, Stamp 1
Additional relevant information in support of the application
When this information has been received the application will be assessed in line with the terms and conditions of the employment permit type.

You can also try to go EU5 route to retain your stamp, but I don't think you would want to.

well no doubt Stamp4 can apply for work permit, but thing is they are not giving decision of Stamp4 to Stamp1 cases.. For Example I applied for work permit on 28 June went in queue, then my application processing date came on 12 Oct.. and since Oct I'm waiting for response. I put application status query every second week and same answer 'Your application is being processed you will hear decision in 1 week'.

Yeah, your one seems outrageously long and I think something else should be done (eg try involving your TD if you haven't already and so on).

But unfortunately processing times are huge in general as far as I know. It's now about 3 months processing time for a general work permit application according to their own website and you need to get it before arriving into the country if that's your reason to move here and citizenship may not like it (you have to let them know when you're away for 6+ weeks).

[griffith]

Do we contact the DJEI for a change in status or the department of Justice itself?
Remember! I am looking to withdraw my case from the EU treaty unit.

And, what about the citizenship application which is ongoing?

[Obie]

If your wife worked for complete 5 years and then went on Job Seeking allowance, will not affect your application, as what matters is what she did in a continuous 5 years period.

[Nala2021]

I actually think that your situation sounds complicated and you would be a lot better off seeking a solicitor who specialises in these matters, along with family law. There are many little details that could go awry and the last thing you want is to mess up years of work and patience. I do not think, that based on your salary (you mentioned earlier) you could apply for free legal advice, but, if you want to start with something free you could contact FLAC.

[griffith]

Thankyou for the response.
Yes she has worked for those 5 years and i gave them all the tax letters and payslips with the form EU3.

Yes i do have a solicitor, the EU3 procedure is still the same which is JUST WAIT for the decision which i dont think i will be getting soon as they still have a backlog of thousands of applications and if i get a decree of divorce then i can apply for an EU5. These things will take very long and i dont have that much of energy and patience to deal with the solicitors and DOJ anymore which is why i am just looking to see if i can apply for a work permit permission (even if that means that i temporarily have to leave the country).

I dont really want to complicate my life looking into family laws and contacting solicitors to get my permission renewed and eventually i will then be given either a temporary permission to reside or if succesfull than again a 5 years eufam visa and even after i will have to divorce which means i will then have to apply for an EU5. Its a very long and painful process which will take many years so why not change the permission then ?