Change of Status Applications (October 2010)

In October, we gave some tips on applications to change immigration status, for example from Stamp 3 to Stamp 4. As always, we would be interested to hear how applicants are getting on with these applications..
The Immigration Section of Brophy Solicitors noticed in October that the Department of Justice, Equality and Law Reform was rather pro-active in issuing decisions on many of our client’s applications for various types of residency.   Such applications include those requesting the Minister to change the applicant’s immigration status for example, from a Stamp 3 to a Stamp 4.  Such an application is rarely successful unless it can be shown that there is a real and genuine offer of employment open to the applicant.  The Minister has the discretion under Section 4 (7) of the Immigration Act, 2004 to vary a person’s status in the State.  We notice that many decisions are based around the likelihood of employment for the applicant and whether he or she can contribute to the economy as well as ensuring that they would not become a burden on the social welfare system.  Given the current financial state of affairs, we expect many immigration decisions to settle around the financial information provided to the Minister in any application. 
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