Alek Tiilikainen gives you the lowdown on updating to Stamp 2 Student visas for those studying from overseas who wish to work.
Previously students with stamp 2 visas were permitted to work 20 hours a week during term time and 40 hours per week during holidays.
In September 2014 Ministers for Education, Skills, Justice and Equality announced changes which were introduced from 1
st September 2016.
The changes provides employers with further information around what hours and when employees on students can work. Since 1
st September 2016 they’re specific dates, where students holding stamp 2 visa can work full or part time. Any non –EEA student holding a valid immigration stamp 2 permission to work in Ireland will be permitted work:
- 40 hours per week only during the months of June, July, August and September and from15th December to 15th January inclusive.
- all other times they will be only allowed to work 20 hours per week.
It is important to note that the above hours are maximum hours students can work in any one week and not an average over a period of time. A student who works for more than one employer is bound by the overall limits.
Non-EEA students are not permitted to be:
- self-employed,
- working as a taxi driver either as employees or holders of a taxi licence.
The only exception to the rule is the introduction of a new stamp 1G. This stamp indicates that a person holing it has finished their studies and now has permission to look for employment. This person can work for maximum of 40 hours each week. However, a stamp 1G expires they will have to find a job that requires an employment permit and then follow the usual application process.
If you suspect that your employee who is a holder of a stamp 2 visa works for someone else or proposes to work with someone else, you should request disclosing information about double employment form that person. It is also advisable to have a policy regarding other employment included in your own employee handbook. This policy explains to employee that if any of them, stamp holder or not, wishes to take up other employment they should at first contact their Management to discuss it and only with their approval they should engage in working for someone else.
Any employer who allows an employee to work without a valid permit of employment is an offence under Employment Permit Act and could lead to fine of up to €250,000 and/or up to 10 years in prison.
If you have any questions in respect of this article then please do not hesitate to contact Alek Tiilikainen and the rest of our team on the 24 Hour Advice Service on 0818 923 923 where an advisor is on hand to discuss with you.
