Category Aor B ?

[TryllZ]

Hi,

I came as a Student, then moved to Stamp 1G, then to Stamp 1 Work Permit (CSEP), now I'm on Stamp 4.

Can I know if I fall in Category A or B for the purpose of sponsoring my spouse ?

From https://www.irishimmigration.ie/wp-cont ... cation.pdf it seems Category B, however, what is 12 months referring to in Category B (Eligible to sponsor applications for family reunification after 12 months).

Thank You

[meself2]

Judging by post2128382.html#p2128382 and following posts, Category B.

[TryllZ]

Thanks,

Would any one know what is after 12 months below referring to.

Category B (Eligible to sponsor applications for family reunification after 12 months)

After 12 months of being on Stamp 4 or what ?

[Angel99]

Thanks,

Would any one know what is after 12 months below referring to.

Category B (Eligible to sponsor applications for family reunification after 12 months)

After 12 months of being on Stamp 4 or what ?

Yes you can sponsor your family after 12 months of Stamp 4.

[TryllZ]

Question asked to Immigration.

Please correct my understanding.

If a person moved from Stamp 1 (Critical Skills Employment Permit) to Stamp 4 (which is my case), waiting 1 year to apply for Spouse Visa is not applicable to him.

Reply received from Immigration.

No, Critical Skills holders don't have to wait the 1 year they can make an application when they wish.

Please note that even as you are Stamp 4 now your status is still originally based on a CSEP.

[Angel99]

Question asked to Immigration.

Please correct my understanding.

If a person moved from Stamp 1 (Critical Skills Employment Permit) to Stamp 4 (which is my case), waiting 1 year to apply for Spouse Visa is not applicable to him.

Reply received from Immigration.

No, Critical Skills holders don't have to wait the 1 year they can make an application when they wish.

Please note that even as you are Stamp 4 now your status is still originally based on a CSEP.

Category B (Eligible to sponsor applications for family reunification after
12 months)
 Non Critical Skills Employment Permit Holders
 All Stamp 4 holders not covered by other more
favourable arrangements
 Ministers of Religion (there is a case for putting these
in cat A provided they are maintained by the
church)
Category C (not eligible to sponsor)
 All other non-EEA nationals
16.5 The sponsorship requirements for sponsorship for other than nuclear
family members should be 2 years in the case of category A and 5 years
for category B. Exceptions would only be made on humanitarian
grounds.

[meself2]

If ISD said Stamp 4 post CSEP holders are under CSEP, it's great and would be logical.
I would say apply, enclosing the response from ISD (assuming it's ISD who responded).

[TryllZ]

Great, thanks for the advise..

[Angel99]

He is no more on CSEP. I don't know why the immigration personal said "even if you are no longer on CSEP because you moved to Stamp 4, you are still considered on category A. Stamp 4 from CSEP is issued on a normal work permit. Scroll to the previous messages and you will see they put someone's spouse visa on category B even though the spouse applied for the visa before he completed his CSEP to Stamp 4.

[TryllZ]

I emailed visa section explaining my situation and they said the application is still waiting to be examined. This means they have put my wife's application along with Category B.

This is something he is assuming, the immigration never replied back saying his application in Category A or B.

Nor did he find his wife's application in Category B decision list.

[meself2]

He is no more on CSEP. I don't know why the immigration personal said "even if you are no longer on CSEP because you moved to Stamp 4, you are still considered on category A. Stamp 4 from CSEP is issued on a normal work permit. Scroll to the previous messages and you will see they put someone's spouse visa on category B even though the spouse applied for the visa before he completed his CSEP to Stamp 4.

Stamp 4 holders do not need work permit - I'm not sure what exactly you mean.

Look at it this way - OP could've invited their spouse at any time for the first two years, but once he switches for Stamp 4, he has to wait for 12 months...just because he switched; that seems completely illogical.
I would be hoping that ISD is doing things that make more sense and will classify OP (and person in the other topic) in Cat A due to CSEP.

And yes, I read the post, but person there had to email to the minister to speed things up and got stuck with issues on their documents past either Cat A and B deadlines, so there was no clear answer to which category does their spouse belong to.

[Angel99]

I emailed visa section explaining my situation and they said the application is still waiting to be examined. This means they have put my wife's application along with Category B.

This is something he is assuming, the immigration never replied back saying his application in Category A or B.

Nor did he find his wife's application in Category B decision list.

It would be best after you apply give us a feed back.

[Angel99]

He is no more on CSEP. I don't know why the immigration personal said "even if you are no longer on CSEP because you moved to Stamp 4, you are still considered on category A. Stamp 4 from CSEP is issued on a normal work permit. Scroll to the previous messages and you will see they put someone's spouse visa on category B even though the spouse applied for the visa before he completed his CSEP to Stamp 4.

Stamp 4 holders do not need work permit - I'm not sure what exactly you mean.

Look at it this way - OP could've invited their spouse at any time for the first two years, but once he switches for Stamp 4, he has to wait for 12 months...just because he switched; that seems completely illogical.
I would be hoping that ISD is doing things that make more sense and will classify OP (and person in the other topic) in Cat A due to CSEP.

And yes, I read the post, but person there had to email to the minister to speed things up and got stuck with issues on their documents past either Cat A and B deadlines, so there was no clear answer to which category does their spouse belong to.

Lets hope the answer was accurate because sometimes they do mix up things. As you can read from ISD reviews.

[TryllZ]

Sure, for now, and to have more clarity, I have reached out to Visa Section with the below question.

I have moved from Stamp 1G to Stamp 1 (Critical Skills Employment Permit, 2 years), and then to Stamp 4 (now reaching 1 year).

My question is, is my spouse's visa application going to be dealt within 6 months, or 12 months.

[kupuser]

Hi all,

I am going through this process so want to update you on my status and wanted to share some thoughts.

As per my previous post I expected to be on Category A (I have stamp 4 based on CSEP) but even though the date of category A applications passed, my application was not decided. Based on this I thought I was put on Category B. But now even the date of category B applications has passed and my application is still pending so I think it is not certain if they had put me on Category B. The reason for delay must be something else. I had sent them several emails on this saying I fall into Cat A and they didn't correct me.

I also confirmed with 2 solicitors separately and they confirmed (without any doubt) that if you get Stamp 4 based on CSEP you still retain the benefits of being Category A sponsor. The rule on Stamp 4 mentions you are category B unless covered by a more favourable arrangement (i.e. CSEP, stamp 4 letter from department of Enterprise). They explained to me that you retain the benefit as your stamp 4 was based on either earning high level of wages with your job or working in a highly skilled role and that one of the conditions on renewal on your stamp 4 is to retain that status.

In addition to this, I note in a post above that immigration also confirmed this so I think it is likely the case that you retain the Category A status.

[kupuser]

Sure, for now, and to have more clarity, I have reached out to Visa Section with the below question.

I have moved from Stamp 1G to Stamp 1 (Critical Skills Employment Permit, 2 years), and then to Stamp 4 (now reaching 1 year).

My question is, is my spouse's visa application going to be dealt within 6 months, or 12 months.

For Category A sponsors the visa application should be dealt with within 6 months. But note that this isn't a legal obligation but a "business target" so depending on different factors there is no guarantee it will be dealt with within 6 months.

[TryllZ]

Hi all,

I am going through this process so want to update you on my status and wanted to share some thoughts.

As per my previous post I expected to be on Category A (I have stamp 4 based on CSEP) but even though the date of category A applications passed, my application was not decided. Based on this I thought I was put on Category B. But now even the date of category B applications has passed and my application is still pending so I think it is not certain if they had put me on Category B. The reason for delay must be something else. I had sent them several emails on this saying I fall into Cat A and they didn't correct me.

I also confirmed with 2 solicitors separately and they confirmed (without any doubt) that if you get Stamp 4 based on CSEP you still retain the benefits of being Category A sponsor. The rule on Stamp 4 mentions you are category B unless covered by a more favourable arrangement (i.e. CSEP, stamp 4 letter from department of Enterprise). They explained to me that you retain the benefit as your stamp 4 was based on either earning high level of wages with your job or working in a highly skilled role and that one of the conditions on renewal on your stamp 4 is to retain that status.

In addition to this, I note in a post above that immigration also confirmed this so I think it is likely the case that you retain the Category A status.

Hi kupuser,

Appreciate you taking the time to add your experience.

I reached out to Immigration Support as well on this matter, and they replied.

Dear Customer,

Thank you for your email.

Join Family applications once received into our Dublin visa office can take up to 12 Months to be processed.

Kind regards,

Visa Customer Service (AVATS) Team
Immigration Service Delivery (ISD), Ireland.

This is even though I had sought explicit answer whether this is for Category A or B.

Further more I have seen the below and am inclined to believe, multiple factors weigh in on the timeframe, including the current application underway, which is likely to increase the time for any application irrespective being in Category A, or B.

[TryllZ]

For Category A sponsors the visa application should be dealt with within 6 months. But note that this isn't a legal obligation but a "business target" so depending on different factors there is no guarantee it will be dealt with within 6 months.

Sorry missed this..

[thanosmalang]

Hi,

I actually emailed the ISD and below is the response from them to clear the confusion.

Question:

```
Can you please confirm whether the person holding a Stamp 4 Based on a Critical Skill Employment Permit will be categorized as Category A or Category B Sponsor?

Response:

```
They are considered Category B but they have the right to immediate family reunification unlike other Category B Applicants who have to wait a year before they apply.

Kind regards,

Visa Customer Service (AVATS) Team
Immigration Service Delivery (ISD), Ireland.
```
So it is Category B. This is unfair. First they attract people on CSEP to work and settle in the country with their family but when they do, they no longer have the benefit of a CSEP holder because they have decided to settle in already?

Weird.

[kupuser]

Hi,

I actually emailed the ISD and below is the response from them to clear the confusion.

Question:

```
Can you please confirm whether the person holding a Stamp 4 Based on a Critical Skill Employment Permit will be categorized as Category A or Category B Sponsor?

Response:

```
They are considered Category B but they have the right to immediate family reunification unlike other Category B Applicants who have to wait a year before they apply.

Kind regards,

Visa Customer Service (AVATS) Team
Immigration Service Delivery (ISD), Ireland.
```
So it is Category B. This is unfair. First they attract people on CSEP to work and settle in the country with their family but when they do, they no longer have the benefit of a CSEP holder because they have decided to settle in already?

Weird.

Thanks for the update. This is odd as I know a person who is on stamp 4 after CSEP and he took his wife to immigration office recently and she got stamp 1G which is granted to spouses of CSEP holders (category A). Also all solicitors advised me such a person retains the Category A status (provided they continue to meet the job specs).

I am also going to visit the immigration office this week and will confirm this with the office.

[thanosmalang]

Thanks kpuser...

Confirming from them would be great thing. It is very imbiguous. That will definitely help my case.

God Bless you

[kupuser]

Thanks kpuser...

Confirming from them would be great thing. It is very imbiguous. That will definitely help my case.

God Bless you

I was there with my wife yesterday and confirmed I was still Category A.

They asked me for was my CSEP copy (now expired), IRP Card and insurance for my wife. Gave my wife stamp 1G which is granted to spouses of CSEP holders (Category A).

[thanosmalang]

Thank you Kpuser.

God bless you. Thanks for the help.