Questions regarding stamp 4 and critical skills work permit

[matfin]

Hi everyone,

Apologies if this has been asked before, but I have a couple of questions.

1) If an Irish national married a non EU citizen and that non EU citizen obtained a Stamp 4 by marriage, then the couple divorced, is it possible for that same Irish national, if they marry another non EU citizen, for that second non EU citizen to obtain a Stamp 4?

2) A non EU citizen (Brazil) has permission to remain in the state by working in an occupation on the critical skills list (home care assistant). They started working in this position just over a year ago - first on a contract basis (using a student visa) then three months later they started with a new contract in the same company. They were issued with their work permit in August of last year.

From reading the content of this link => https://enterprise.gov.ie/en/what-we-do ... -employer/ it states that someone is expected to work in that company for a year before they can consider changing, but it lacks clarification with respect to work visas and the type of contract between the employee and the employer. Does the date when the visa was issued or the type of employment contract have any bearing with respect to when an employee can consider changing jobs, but remain working in the same industry.

[AlmostIrish_111]

I am not a solicitor, so I can only answer from my, and coworkers', experiences.

On question 1) I couldn't find any restrictions on the Irish citizen sponsoring a new non-EU citizen's visa, however I would not put it pass the Department to scrutinize the application.

On question 2) When you are on CSEP (Critical Skills Employment Permit) you are expected to work for the same company that sponsored your visa for 1 year, from the time of the visa issuing, before being able to change companies and have this new company sponsor the applicant again.

Once the CSEP holder has 2 years on that visa, he/she should be able to apply for a stamp 4 and be free to move around companies without the need for a new sponsor.

[matfin]

Thank you for your response. I did a little further digging and found this https://www.irishimmigration.ie/wp-cont ... cation.pdf on family reunification for non-EU/EEA nationals.

In short, if you sponsored someone you need to wait seven years until you can sponsor another.

In section 20.1 of this document it states:

A sponsor who is joined by a spouse/partner in Ireland will, in the event
of the termination of the marriage or civil partnership (by divorce or
dissolution), be ineligible to be joined by a further spouse or partner until
a minimum 7 years have elapsed from the date of the first spousal
permission.