What is permission to remain in Ireland?

Permission to remain is a general term used in Irish immigration law to describe the authorisation granted by the Minister for Justice to a non-EEA national to remain in the State. It encompasses all forms of immigration permission, from short-term stays granted at the border to long-term permissions such as Stamp 4 and Stamp 5.

When a non-EEA national arrives in Ireland, the immigration officer at the port of entry grants an initial permission to remain, typically for up to 90 days. For those intending to stay longer, they must register with the immigration authorities and receive a specific immigration stamp on their passport, along with an IRP card that reflects their permission type and duration.

In certain circumstances, a person may apply for permission to remain on humanitarian or other grounds even if they do not qualify under standard immigration categories. For example, persons who have been in Ireland for an extended period, who have Irish-born children, or who have other compelling reasons may apply to the Minister for Justice for discretionary permission to remain under Section 3 of the Immigration Act 1999.

Permission to remain must be kept valid at all times. Overstaying or remaining without valid permission is unlawful and can result in deportation proceedings, refusal of future applications, and a bar on re-entry to Ireland. Applicants should ensure they apply for renewal before their current permission expires.

This is general information only, not legal advice. Consult a registered immigration solicitor for advice specific to your situation.