I am a non-eu citizen holding Stamp 1 but now I am redundant

[mmssaa]

Hello there

I arrived in Ireland last year on a Critical Skills Employment Permit and am a non-EU citizen holding Stamp 1 visa.

Last week, I was made redundant.

When I called the EPMS DETE office, they advised me that I needed to email them to let them know that I had been made redundant and that I have six months to look for a new employer who would sponsor me.

I have a few questions about this.

My BRP is valid till April 2023. Let's assume that I am able to find an employer who is willing to sponsor me for a new Critical Skills Employment Permit. Then, what happens? Can I begin working as soon as I receive my permit? Or do I need to submit a new Stamp 1 visa application? Or do I need to use the new employment permit to extend my current BRP and start working?

[mmssaa]

Can anyone please help? Thanks a lot in advance.

I basically would like to know when I can start working once I get the work permit.

-Can I start working as soon as I receive my permit?

-Or do I need to submit a new Stamp 1 visa application and then start working?

The reason for the question is that if I can start working as soon as I get the permit, then it will be approximately 4 weeks, which is fine for most employers.

However, if it is permit + stamp 1 visa, then it is 10 weeks, which is a painful situation.

[mentalmind]

Hello there

I arrived in Ireland last year on a Critical Skills Employment Permit and am a non-EU citizen holding Stamp 1 visa.

Last week, I was made redundant.

When I called the EPMS DETE office, they advised me that I needed to email them to let them know that I had been made redundant and that I have six months to look for a new employer who would sponsor me.

I have a few questions about this.

My BRP is valid till April 2023. Let's assume that I am able to find an employer who is willing to sponsor me for a new Critical Skills Employment Permit. Then, what happens? Can I begin working as soon as I receive my permit? Or do I need to submit a new Stamp 1 visa application? Or do I need to use the new employment permit to extend my current BRP and start working?

What you mean BRP? Do you mean IRP? After you notify DETE office, you have 6 months to find a new employer. If your IRP is valid for less than 6 months, then they can extend it to 6 months, if you have IRP valid for more than 6 months, then you can only use it for 6 months then you are supposed to leave Ireland.

If you find a new employer during this time, they can apply for a new work permit. After you get your new work permit, you can start working then you need to update your IRP details stating your new employer. You don't need to do new application for Stamp 1, just update your employer details on it. For outside of Dublin you just go to Garda station and give them new employer documents. I don't know how it works for Dublin but I believe it's done over that online system.

[mmssaa]

What you mean BRP? Do you mean IRP?

Apologies, I mean IRP.

If you find a new employer during this time, they can apply for a new work permit. After you get your new work permit, you can start working then you need to update your IRP details with your new employer. You don't need to do new application for Stamp 1, just update your employer details on it.

Thanks for the prompt reply.
I was speaking to a solicitor and she was saying the following, "Your stamp 1 is not valid anymore as you are redundant. You first need a visa now from the GNiB office to join any work and then apply for a permit from there. 
Keep in mind that stamp 1 from your previous employer is void; do not use or sell it to your new employer: it is illegal."

Is that solicitor right that I need a new visa now to join any work? My current IRP is expiring in April 2023.

[littlerr]

Your work permit is void as soon as you were made redundant.

Your stamp 1 permission explicitly says that you cannot work without a work permit.

Therefore, even though you have a Stamp 1 permission and the IRP card is still valid, you cannot work until your new permit is granted.

[mmssaa]

Thank you. Do I have to leave the country whilst my new employment permit is being processed?

[littlerr]

No. You have been given 6 months to find a new employer. You don't need to leave the state unless you cannot find a new employer at the end of the 6 months.

[mmssaa]

Thank you littlerr, can I leave the country during those 6 months to attend something very important and come back?

[meself2]

Yes, if it lies within those six months.

[mmssaa]

Thank you very much. One last question: my passport is about to expire in less than six months. Will there be any problems applying for a new permit or applying for the IRP extension after getting the permit?

[littlerr]

I think previously the expiry date of your IRP is tied to your passport, but I heard it is no longer the case, so there should be no issue as long as your passport is valid. However, if it doesn’t take too long to apply for a new passport, I suggest that you still try and get a new passport at the earliest opportunity.

[mentalmind]

From my recent experience (applied to renew for LTR) the officer said my permission will be valid for 5 years but my passport will expire in a year. So she asked me to just visit the station and update them with my new passport details.

So you should tell them with your new passport details before the current one expires (ideally you should always have valid passport)

[mmssaa]

Yes, if it lies within those six months.

Today, I spoke with the solicitor. The solicitor informed me that I could visit India and come back to Ireland only after receiving a new job permit and my new IRP using that permit. This is because I will be asked about how I'm trying to enter Ireland without a permit when I return. This is where I'm completely lost. 
1. Now that I have been made redundant and have 6 months to look for a new job, do I need to visit the GNIB office to submit an application for a new IRP now?
2. Can I travel outside Ireland using my current IRP, which I got while I was employed by my ex-employer, and then come back to Ireland again?

[meself2]

1) On what reason would they give you a new IRP? You're here on Stamp 1, so to get a new IRP you should get a new work permit. You might want to contact DETE so they give you a letter stating you've been made redundant, but not sure about how viable this option is.
2) In theory - yes, as you still have the legal right to be in Ireland, since your six months are not up yet. In practice that might need to be confirmed at the border, so that's where I'm not sure what's the best way will be. If you have any sort of confirmation that you notified DETE and gave up the work permit which confirms you were made redundant, you can try to use that, but best bet is probably to ask these questions to DETE directly.

[mmssaa]

I am posting this as it might help somebody.

I discovered the following statement from the website irishimmigration.ie:

Persons with more than 6 months remaining on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) and who have been made redundant will be permitted to continue to reside under their existing Stamp 1 permission for 6 months. Following completion of the 6 months “grace period” the permission will be liable to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.

Persons who become redundant with less than 6 months left on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) will be entitled to have your immigration permission (Stamp 1) extended to ensure that they receive the full 6 months grace period. (The issue of a new Irish Residence Permit (IRP) or GNIB Card is subject to the normal fee of €300).

Reference Links: Link 1 and https://ivsireland.ie/immigration/stamp ... -minister/

[happyj]

I feel you shouldnt leave the country now. Find a new job and then travel. the visa process in ireland is painstaking long.

I am posting this as it might help somebody.

I discovered the following statement from the website irishimmigration.ie:

Persons with more than 6 months remaining on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) and who have been made redundant will be permitted to continue to reside under their existing Stamp 1 permission for 6 months. Following completion of the 6 months “grace period” the permission will be liable to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.

Persons who become redundant with less than 6 months left on their immigration permission (as indicated on their Irish Residence Permit (IRP) or GNIB Card) will be entitled to have your immigration permission (Stamp 1) extended to ensure that they receive the full 6 months grace period. (The issue of a new Irish Residence Permit (IRP) or GNIB Card is subject to the normal fee of €300).

Reference Links: Link 1 and https://ivsireland.ie/immigration/stamp ... -minister/