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Query on stamp5

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Aceform
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Query on stamp5

Post by Aceform » Wed May 12, 2010 9:53 am

Hello Friends,

My wife recently got stamp5 (WCT). She was on a dependent visa for more than 9 years. My query is now that she has got stamp5, can she work? Does she need a work permit?

Any info on the above is much appreciated.

Many Thanks,
Ace

9jeirean
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Posts: 556
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Re: Query on stamp5

Post by 9jeirean » Wed May 12, 2010 10:37 am

Aceform wrote:Hello Friends,

My wife recently got stamp5 (WCT). She was on a dependent visa for more than 9 years. My query is now that she has got stamp5, can she work? Does she need a work permit?

Any info on the above is much appreciated.

Many Thanks,
Ace
Not sure of this one. Ordinarily I would say she would now be entitles to work or start a business. I just checked INIS WCT page http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements and there is no explicit info re eligibility of previous stamp 3 holder to work after obtaining WCT. I suggest you write INIS for clarification
What lies behind us and ahead of us is nothing compared to what lies within us

Aceform
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Post by Aceform » Wed May 12, 2010 10:43 am

cheers 9j

Ben
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Post by Ben » Wed May 12, 2010 10:57 am

Persons on Stamp 5 are permitted to work.
I am no longer posting publicly on this website - PM me if needed.

Aceform
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Post by Aceform » Wed May 12, 2010 11:12 am

Ben wrote:Persons on Stamp 5 are permitted to work.
Thanks Ben. I was confused coz, the immigration officer mentioned that the conditions will remain same.

Ben
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Post by Ben » Wed May 12, 2010 11:14 am

Aceform wrote:
Ben wrote:Persons on Stamp 5 are permitted to work.
Thanks Ben. I was confused coz, the immigration officer mentioned that the conditions will remain same.
He says, as he replaces one stamp with another. The mind boggles with these people, honestly.

Hint: If Stamp 3 were equal to Stamp 5, why would the latter exist?
I am no longer posting publicly on this website - PM me if needed.

Aceform
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Post by Aceform » Wed May 12, 2010 11:19 am

Ben wrote:
Aceform wrote:
Ben wrote:Persons on Stamp 5 are permitted to work.
Thanks Ben. I was confused coz, the immigration officer mentioned that the conditions will remain same.
He says, as he replaces one stamp with another. The mind boggles with these people, honestly.

Hint: If Stamp 3 were equal to Stamp 5, why would the latter exist?
cheers

9jeirean
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Post by 9jeirean » Wed May 12, 2010 11:46 am

Ben wrote:
Aceform wrote:
Ben wrote:Persons on Stamp 5 are permitted to work.
Thanks Ben. I was confused coz, the immigration officer mentioned that the conditions will remain same.
He says, as he replaces one stamp with another. The mind boggles with these people, honestly.

Hint: If Stamp 3 were equal to Stamp 5, why would the latter exist?
Another of many INIS's no-brainer.
What lies behind us and ahead of us is nothing compared to what lies within us

Aceform
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Posts: 322
Joined: Wed Oct 15, 2008 9:07 pm

Post by Aceform » Wed May 12, 2010 11:54 am

9jeirean wrote:
Ben wrote:
Aceform wrote:
Ben wrote:Persons on Stamp 5 are permitted to work.
Thanks Ben. I was confused coz, the immigration officer mentioned that the conditions will remain same.
He says, as he replaces one stamp with another. The mind boggles with these people, honestly.

Hint: If Stamp 3 were equal to Stamp 5, why would the latter exist?
Another of many INIS's no-brainer.
what can you do 9j, no one in INIS knows the exact rules.

smalltime
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Post by smalltime » Wed May 12, 2010 1:47 pm

I think she can work because on her passport it should say permitted with no time limit or no condition as to time... is that right?
so it means shes a permanent resident not a dependent.

when working employers will look for stamp 4 or stamp 5 so shes good to work or do business thats it mate.

know fact that INIS gives conflicting answers
pen pen de sarapin de kutsilyo de armasen
haw haw de karabaw de batutin

Aceform
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Post by Aceform » Wed May 12, 2010 1:57 pm

smalltime wrote:I think she can work because on her passport it should say permitted with no time limit or no condition as to time... is that right?
so it means shes a permanent resident not a dependent.

when working employers will look for stamp 4 or stamp 5 so shes good to work or do business thats it mate.

know fact that INIS gives conflicting answers
Thanks smalltime. This is exactly I explained to the Immigration Officer. And he mentioned that, eventhough you get the stamp5 (unlimited residency - gnib card until the expiry of your passport), your conditions remain the same. i.e., she was on stamp3. All conditions of stamp3 applies for stamp5 except the expiry date.

As 9j suggested, I'll write to INIS (or entemp) and just get a confirmation.

Cheers lads,
Ace

mktsoi
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Post by mktsoi » Wed May 12, 2010 2:32 pm

Aceform wrote:
smalltime wrote:I think she can work because on her passport it should say permitted with no time limit or no condition as to time... is that right?
so it means shes a permanent resident not a dependent.

when working employers will look for stamp 4 or stamp 5 so shes good to work or do business thats it mate.

know fact that INIS gives conflicting answers
Thanks smalltime. This is exactly I explained to the Immigration Officer. And he mentioned that, eventhough you get the stamp5 (unlimited residency - gnib card until the expiry of your passport), your conditions remain the same. i.e., she was on stamp3. All conditions of stamp3 applies for stamp5 except the expiry date.

As 9j suggested, I'll write to INIS (or entemp) and just get a confirmation.

Cheers lads,
Ace
well, i do not know how your lady got a stamp 5. it clearly stating that you have to do it by post or make an appointment to get a stamp 5 in INIS website.

http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements

also, it did mention in INIS website saying that person on Stamp 3 would not be qualified for Stamp 5. If she got a stamp 5 on her passport, she would be entitle to work or setup business without permission and no time limit to stay in Ireland. Thats stamp 5 for you but how they gave your lady a stamp 5. Best thing to do is write to them. I would not say no to the stamp 5 if it is on my passport! Best of luck.

Aceform
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Post by Aceform » Wed May 12, 2010 2:34 pm

mktsoi wrote:
Aceform wrote:
smalltime wrote:I think she can work because on her passport it should say permitted with no time limit or no condition as to time... is that right?
so it means shes a permanent resident not a dependent.

when working employers will look for stamp 4 or stamp 5 so shes good to work or do business thats it mate.

know fact that INIS gives conflicting answers
Thanks smalltime. This is exactly I explained to the Immigration Officer. And he mentioned that, eventhough you get the stamp5 (unlimited residency - gnib card until the expiry of your passport), your conditions remain the same. i.e., she was on stamp3. All conditions of stamp3 applies for stamp5 except the expiry date.

As 9j suggested, I'll write to INIS (or entemp) and just get a confirmation.

Cheers lads,
Ace
well, i do not know how your lady got a stamp 5. it clearly stating that you have to do it by post or make an appointment to get a stamp 5 in INIS website.

http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements

also, it did mention in INIS website saying that person on Stamp 3 would not be qualified for Stamp 5. If she got a stamp 5 on her passport, she would be entitle to work or setup business without permission and no time limit to stay in Ireland. Thats stamp 5 for you but how they gave your lady a stamp 5. Best thing to do is write to them. I would not say no to the stamp 5 if it is on my passport! Best of luck.
she applied through post after completing 8 years of legal stay on stamp3.

Aceform
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Post by Aceform » Wed May 12, 2010 2:38 pm

There is no mention that stamp3 holder can't apply for WCT.

Categories of qualifying persons

If a person has resided legally in the State for more than eight years or
If a person has a previous Without Conditions As To Time (WCATT) Stamp 5 in their passport this WCATT can be renewed for a new passport.

Below can't apply:
Only immigration stamps in a passport can be counted towards a Without Conditions As To Time application.

The following stamps do not qualify for Without Conditions As To Time stamp (Stamp 5).

Student - Stamp 2
Temporary Registered Doctors - Stamp 4
Trainee Accountants - Stamp 1A
Intra Company Transfer - Stamp 4
Spouse or dependent of an Intra Company Transfer – Stamp 3

The last point is spouse or dependent of Intra-Company-Transer, which she's not.

mktsoi
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Post by mktsoi » Wed May 12, 2010 2:45 pm

Aceform wrote:There is no mention that stamp3 holder can't apply for WCT.

Categories of qualifying persons

If a person has resided legally in the State for more than eight years or
If a person has a previous Without Conditions As To Time (WCATT) Stamp 5 in their passport this WCATT can be renewed for a new passport.

Below can't apply:
Only immigration stamps in a passport can be counted towards a Without Conditions As To Time application.

The following stamps do not qualify for Without Conditions As To Time stamp (Stamp 5).

Student - Stamp 2
Temporary Registered Doctors - Stamp 4
Trainee Accountants - Stamp 1A
Intra Company Transfer - Stamp 4
Spouse or dependent of an Intra Company Transfer – Stamp 3

The last point is spouse or dependent of Intra-Company-Transer, which she's not.
Surely it did not you cannot apply but it said in the very end that you will not qualify if you are on Spouse Stamp 3 for all the duration in Ireland.

you mentioned in the very first post saying that you wife was on spouse dependent Stamp 3 for 9 years, right?

Spouse or dependent of an Intra Company Transfer – Stamp 3 <------ what does it say here?

like i said, if they gave the stamp 5 to you wife by mistake, it is INIS problem, but are they going to reverse it. i do not know but best of luck.

Aceform
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Post by Aceform » Wed May 12, 2010 2:55 pm

I think if you are on stamp 4(intra company transfer), then your spouse will be on stamp3 as well. In this case your wife won't qualify for stamp5.

If you are on general stamp4, then your wife will be on stamp3 as well. In this case she will qualify.

Before applying, she had sent a written application to INIS, by explaining the situation. They had asked for all original passports (including expired pasports), which we sent. After 30 days or so, they sent the passport back along with a letter and a stamp on the passport which mentioned "WCT etc etc......"

Hope this is clear

Ben
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Post by Ben » Wed May 12, 2010 2:55 pm

mktsoi wrote:Spouse or dependent of an Intra Company Transfer – Stamp 3 <------ what does it say here?
It says Spouse or dependent of an Intra Company Transfer – Stamp 3. That is not equal to all Stamp 3 conditions.

mktsoi wrote:like i said, if they gave the stamp 5 to you wife by mistake, it is INIS problem, but are they going to reverse it. i do not know but best of luck.
Respectfully mktsoi, you are mistaken.
I am no longer posting publicly on this website - PM me if needed.

mktsoi
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Post by mktsoi » Wed May 12, 2010 2:58 pm

Ben wrote:
mktsoi wrote:Spouse or dependent of an Intra Company Transfer – Stamp 3 <------ what does it say here?
It says Spouse or dependent of an Intra Company Transfer – Stamp 3. That is not equal to all Stamp 3 conditions.

mktsoi wrote:like i said, if they gave the stamp 5 to you wife by mistake, it is INIS problem, but are they going to reverse it. i do not know but best of luck.
Respectfully mktsoi, you are mistaken.
Ooooops, sorry, my apology, i am having few glasses here while i was reading that. Ben was right!

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