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Visa Applications

Dáil Éireann Debate, Tuesday - 22 March 2022

Tuesday, 22 March 2022

Questions (745)

Bríd Smith

Question:

745. Deputy Bríd Smith asked the Minister for Justice her views on the financial and employment contributions that non-European Union students have made during long periods of study in this country; if her attention has been drawn to the fact that many students would welcome the opportunity to obtain long-term residency stamp 4 visas in recognition of these contributions given they are ready to invest in Ireland; if she will consider extending a scheme similar to the regularisation of long term undocumented migrants scheme to non-European Union graduates that have spent a substantial amount of time here; and if she will make a statement on the matter. [14062/22]

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Written answers

I recognise the difficulties that Covid-19 has had on everyone in the country, including our international student population. From the outset of the pandemic, my Department and I have worked to provide assistance and assurance to people who use our immigration services. Since the pandemic was declared in March 2020, I have provided nine temporary extension of immigration and international protection permissions to 31 May 2022.

My Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EEA students, who are granted a Stamp 2 immigration permission, and continually consults and engages with the Department of Enterprise, Trade and Employment and the Department of Further and Higher Education, Research, Innovation and Science, among other key sectorial stakeholders, in this area.

A student's primary purpose for being in the State is to study. However, since April 2001, non-EEA students with an immigration Stamp 2 permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.

This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

All applicants for permission to study in Ireland must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment.

The Stamp 2 permission will typical expire shortly after the conclusion of the course. The person will then need to apply for an employment permit, leave the state or seek a change of permission to a Stamp 1G , if they met the criteria.

A Stamp 1G indicates that a person has permission to look for employment in the State under the Third Level Graduate Programme. When an applicant has completed their studies in Ireland and gained an award at Level 8 on the National Framework of Qualifications (NFQ) or above, that person may qualify for a Stamp 1G for 12 months. Where an individual receives an award at Level 9 NFQ, they may qualify for a Stamp 1G for up to 24 months subject to the overall limit of 8 years on student conditions that applies. Graduates at level 9 NFQ or above who qualify for a Stamp 1G permission will be granted the permission for 12 months initially, further details are available on my Department's website at https://www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/third-level-graduate-programme/.

Where an individual has obtained employment and prior to the expiry of their Stamp 1G permission, it is open to the employer to submit an application for an employment permit subject to meeting the criteria. Further details available are available at: www.enterprise.gov.ie. A person must hold a critical skills employment permit for 2 years or a general employment permit for 5 years before eligibility for a Stamp 4 immigration permission arises.

Additionally, it is open to any student that is in the State in an undocumented situation to make an application to the Regularisation of Long Term Undocumented Migrants scheme, if they meet the published qualifying criteria. This is a once in a generation scheme and I encourage all those who are eligible to make an application prior to the closing of the scheme on 31 July 2022.

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