Long Term Residency based on Green Card

rita · Post by **rita** » Sun Mar 27, 2011 11:37 am

Hi, I am living in Ireland for last 4 years on green card. As per the green card system, it was promised that after 2 years on green card one is eligible to apply for long term residency. But this bill is still not cleared by the Dail. Since, my kids are growing up now I have to take a quick decision on whether to live here ( and wait for a few more years, and if I happen to lose my job meanwhile I will not be granted LTR, thereby spoiling career of my kids) or go. I am planning to leave Ireland in next 2-3 months, but would like to keep my option for residency open as we are happy to settle in Ireland. would really appreciate your advise whether I should apply for LTR irrespective of Dail clearance of the immigrationbill 2008 and then leave?

agniukas · Post by **agniukas** » Sun Mar 27, 2011 3:10 pm

under current legislation, you can apply for LTR once you COMPLETE 60 months on green card. application before the 60months are complete will not be accepted. you have to be in employment at the time when you apply and at the time on decision. LTR are processing january 2011 and prior applications at the moment, so you could expect to get ltr approximately 6-12 months after applying.

ImmigrationLawyer · Post by **ImmigrationLawyer** » Sun Mar 27, 2011 5:23 pm

Green Card holders only have a Green Card for 2 years (if they reman with the same employer), then they go onto Stamp 4 conferred by an Immigration Officer (since the immigration bill has never been enacted). I'm not sure if this is counted in assessing reckonable residency for the purpose of LTR. Would certainly be worth a try.

9jeirean · Post by **9jeirean** » Sun Mar 27, 2011 6:50 pm

agniukas wrote:under current legislation, you can apply for LTR once you COMPLETE 60 months on green card. application before the 60months are complete will not be accepted. you have to be in employment at the time when you apply and at the time on decision. LTR are processing january 2011 and prior applications at the moment, so you could expect to get ltr approximately 6-12 months after applying.

Pardon my pedantry, but the current LTR scheme is not enshrined in any legislative instrument yet but rather an ad-hoc administrative scheme put in place by the previous minister for justice to remove the need for people who have demonstrated employment ties with the state in the form of 5 years residency on employment permit specifically Work permit or now defunct Work visa/authorization). http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

The original blueprint for the Green Card scheme clearly stated that, holders are expected to migrate to permanent residency status after 2 years. As a matter of fact, the updated (2010) version of the blueprint states and I quote: "The new arrangements allow for immediate re-unification and will normally allow a pathway to long term residence after 2 years". pg.2 of Guide to Green Card Employment Permit. http://www.deti.ie/publications/labour/ ... ug2010.pdf

The problem or the confusion if you like stemming from the above highlights the lack of joint up thinking/operations between the DOJ and the DETI. The dept of trade and enterprise as it was known then, was working on the premise that the Immigration bill (2008, 2010 and now God knows what year it's going to be) would be in place in time and would make Permanent Residency (note different from LTR as it is currently) available for certain long term residence in the state, to which persons on green card for 2 years would migrate into. The problem is, the proposed PR scheme is not yet in place and there is lack of clarity as to what happens to the original expectations of the people who came into the GC scheme thinking they'll get PR in 2 years.

One way the DOJ could look at it would be, since the current LTR scheme is expected to migrate eventually into the PR scheme, why not allow people who have completed 2 years on GC scheme to apply for LTR in its current form thereby keeping in line with the original and currently published expectations a la the blueprint for the GC scheme?

ImmigrationLawyer · Post by **ImmigrationLawyer** » Sun Mar 27, 2011 7:30 pm

Good point, why not? Logic and reasonableness are sometimes anathema to the Dept of Justice.... (that seems to be the only reason.)

agniukas · Post by **agniukas** » Tue Mar 29, 2011 9:20 am

9jeirean wrote:
agniukas wrote:under current legislation, you can apply for LTR once you COMPLETE 60 months on green card. application before the 60months are complete will not be accepted. you have to be in employment at the time when you apply and at the time on decision. LTR are processing january 2011 and prior applications at the moment, so you could expect to get ltr approximately 6-12 months after applying.

Pardon my pedantry, but the current LTR scheme is not enshrined in any legislative instrument yet but rather an ad-hoc administrative scheme put in place by the previous minister for justice to remove the need for people who have demonstrated employment ties with the state in the form of 5 years residency on employment permit specifically Work permit or now defunct Work visa/authorization). http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

Sorry for the legislation part. it is actually an administrative scheme at the moment.
I would say OP can apply for LTR once he completes 60 months in the state.
it is unfortunate that it takes ages to finalise the immigration bill and get on with it

rita · Post by **rita** » Fri Apr 01, 2011 7:07 pm

Thanks for all your responses. After lot of deliberations I am thinking of leaving Ireland now. I have a few big concerns:

1. I am on stamp 4 now which is still valid for more than 18 months. If I leave now, and plan to come back to Ireland anytime within this 18 month period, will my status remain the same. i.e. allowed to work without any work permit.

2. I have already completed 4.5 years in Ireland on work permit/green card. If I leave now and come back after say one year, will I be eligible for LTR/PR after completing remaining six months.

3. If I apply for LTR now based on the proposed, but not yet approved scheme (making it eligible to apply for LTR after 2 years on green card)through a solicitor. Will that give me a chance to come back to Ireland after this scheme is approved in Dail.

agniukas · Post by **agniukas** » Sat Apr 02, 2011 5:43 pm

i don't know about your renewal of your permission to remain. i think they ask for your employment details, p60, and if you were out of work/out of the country, not sure what will happen.
if you apply after 1 year, chances are that the LTR scheme will be changed. if the dail approves it, there may be different requirements (continous residency in the state, employment, etc). so noone knows what will happen in 12 months.
if you apply now, and get refused, it is open to you to apply later if you satisfy the conditions.

rita · Post by **rita** » Sun Apr 03, 2011 3:42 pm

Thanks Agniukas.

In that case, it looks like option 3 above is most advisable.
Is it advisable to apply thru' a solicitor who will then become a point of contact, or is it OK to apply yourself. [/code]

professorguy1 · Post by **professorguy1** » Wed Jun 08, 2011 10:58 am

Hi, I completed 3 years now in Ireland, I am a greencard holder. Is it possible to apply for Long term residency now. Any update from the government?

agniukas · Post by **agniukas** » Wed Jun 08, 2011 11:40 am

no, there is no update yet. Still 5 years are needed to be completed in order to qualify for LTR

professorguy1 · Post by **professorguy1** » Wed Jun 08, 2011 11:50 am

Thanks for the information.

Local immigration officer informed me that I may try applying for LTR when I got stamp 4 extension for one year last month. I dont understand.

agniukas · Post by **agniukas** » Wed Jun 08, 2011 11:53 am

you can try, but i can tell you now, that your application will be refused.

Applications for Long Term Residency cannot be accepted from persons listed in the following categories:

The applicant holds only Green Card (Employment) permits. Once the Immigration, Residence and Protection Bill 2008 has been enacted, Green Card (Employment) Permit holders will be eligible to make direct application to the Minister for Justice and Equality for consideration for Long Term Residency.

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

Muttsnuts · Post by **Muttsnuts** » Wed Jun 08, 2011 11:55 am

professorguy1 wrote:Thanks for the information.

Local immigration officer informed me that I may try applying for LTR when I got stamp 4 extension for one year last month. I dont understand.

As far as I am aware, the Long Term Residency Scheme is NOT available for Green Card Holders at all. If you were on a work permit and then changed to Green Card, then you can avail of LTR but if you were only on Green Cards, you can't get Long Term Residency. You can only renew year on year until the Residence and Protection Bill is passed and clarifies the situation.

ImmigrationLawyer · Post by **ImmigrationLawyer** » Wed Jun 08, 2011 12:29 pm

what about if you were on a Work Permit, then a Green Card, then Stamp 4 under the aministrative (ad hoc, waiting for new legislation) scheme?

Muttsnuts · Post by **Muttsnuts** » Wed Jun 08, 2011 1:06 pm

ImmigrationLawyer wrote:what about if you were on a Work Permit, then a Green Card, then Stamp 4 under the aministrative (ad hoc, waiting for new legislation) scheme?

If you have obtained 5 years on the basis of both Green Cards and Work Permits then you can apply for LTR.

If you have only ever been the recipient of Green Card Permits, then you cannot avail of the LTR Scheme.

professorguy1 · Post by **professorguy1** » Wed Jun 08, 2011 3:28 pm

Thanks a lot for every one who responded. So I have to wait for another 2 years to apply for LTR or naturalization unless the bill is passed.

professorguy1 · Post by **professorguy1** » Thu Jun 09, 2011 12:13 pm

I received a reply from gnib this morning regarding my query.

----------------------------------------------------------------------------------
You can apply for Long Term Residency at any stage, it is a matter for the Dept of Justice if it is accepted.

Regards,
Garda National Immigration Bureau
13/14 Burgh Quay
Dublin 2
Ireland
Tel: +353 (0)1 666 91 01
Fax: +353 (0) 1 666 9141
-------------------------------------------------------------------------------------

However I do not understand the context and meaning of the above reply.

Any one can interpret?

Thanks.

9jeirean · Post by **9jeirean** » Fri Jun 10, 2011 12:51 am

professorguy1 wrote:I received a reply from gnib this morning regarding my query.

----------------------------------------------------------------------------------
You can apply for Long Term Residency at any stage, it is a matter for the Dept of Justice if it is accepted.

Regards,
Garda National Immigration Bureau
13/14 Burgh Quay
Dublin 2
Ireland
Tel: +353 (0)1 666 91 01
Fax: +353 (0) 1 666 9141
-------------------------------------------------------------------------------------

However I do not understand the context and meaning of the above reply.

Any one can interpret?

Thanks.

lol................

My sincere apologies professorguy1. My laughter is not to trivialize your issue which am sure is so important to you but the absurdity of the fact that someone in the GNIB took time to read your mail and considered that as a reasonable response. SMH

BTW, to what email address did you send your query? I have a feeling that your email was dealt with by some random clueless staff of the GNIB. You need to speak directly with the DoJ staff who knows (well hopefully) a bit more about LTR. Here's the details you need.

Telephone (within Ireland), 01- 6167700 or *LoCall 1890 551 500 (Select Option 3 then Option 3)
Telephone (from outside Ireland), + 353 1 6167700
Helpline available 10.00am to 12.30pm each Monday and Friday mornings, excluding Bank and Public Holidays.

Good luck mate

9jeirean

9jeirean · Post by **9jeirean** » Fri Jun 10, 2011 12:55 am

professorguy1 wrote:Thanks a lot for every one who responded. So I have to wait for another 2 years to apply for LTR or naturalization unless the bill is passed.

I am afraid, that is the situation as at today. However if you have a child who is an Irish citizen, then you may try the Zambrano option.

9jeirean

cocoa123 · Post by **cocoa123** » Fri Jun 10, 2011 9:08 pm

professorguy1 wrote:I received a reply from gnib this morning regarding my query.

----------------------------------------------------------------------------------
You can apply for Long Term Residency at any stage, it is a matter for the Dept of Justice if it is accepted.

Regards,
Garda National Immigration Bureau
13/14 Burgh Quay
Dublin 2
Ireland
Tel: +353 (0)1 666 91 01
Fax: +353 (0) 1 666 9141
-------------------------------------------------------------------------------------

However I do not understand the context and meaning of the above reply.

Any one can interpret?

Thanks.

What kind of answer is that? Irish made public service as usual.

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Long Term Residency based on Green Card

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