STAMP 2 TO STAMP 4

[celticorr]

I applied for a stamp 4 on the basis of de facto relationship on January 15 2013.

I previously had a stamp 2 which just recently expired.

My question is, do I have to wait until I get response from the General Immigration Division to resume my part-time job?

Its not quite clear to me what my status is while I wait on a response considering it could take a few months.
Thanks for any help!

[IntegratedMigrant]

Your status is "Currently Pending". You are presumed to have a Stamp 4 status for now until the decision will be made in your case.

I think you can resume your job as I dont think you' re breaking any law. But it would be better if you could get a quick letter from the Immigration office saying that your application is currently pending. That will save you some troubles if any

[agniukas]

if you application is based on de facto with irish national, i am not sure if you can consider yourself as having stamp 4 while waiting.
If you are in de facto relationship with an EU citizen other than Irish, then you should receive a temp stamp 4 shortly if you and the EU citizen satisfy the conditions under the Directive.

[celticorr]

Yeah that's the case its with a de facto with an Irish national, so this is why I'm so confused and well as I think we might all know by now its kinda hard to get in touch with them to ask.

[jeupsy]

Unfortunatly you are not allowed to work until you get the final decision on your application (the temporary right to work is only granted for applications regarding relashionships with non-Irish EU citizens).

Here is where it is clearly stated: http://www.inis.gov.ie/en/INIS/Pages/WP07000278

An applicant has no entitlement to enter employment during the application process without the requirement of a Work Permit issued by the Department of Enterprise, Trade and Innovation.

However as you have an application pending I don't think there can be any deportation order against you before they reach a decision and ou should be safe from a residance perspective.

[jeupsy]

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[celticorr]

I have read that but it also says very clearly: "ENTER employment" and well its not precisely entering employment if I have been there for 2 years already.

[jeupsy]

Well, if you look at it that way they never say it gives you the right to remain in employment either.

Currently, you don't have any GNIB card with a stamp that shows you are allowed to work. If they wanted to allow you to work while the application is being processed, they would issue a temporary GNIB card with the appropriate stamp (as they do for EUTR applications).

Sorry I understand this is annoying, but in my opinion the situation is pretty clear.

If you are not convinced and want to hear the answer from them, you can send them a written inquiry at:

De Facto Applications,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.