Myles & Co. Solicitors - Work Permits.Ireland.

Work Permits in Ireland
Information
In general, non-European Economic Area nationals who wish to work in Ireland must have an employment permit. This term refers to work permits, working visas and work authorisations. (The European Economic Area consists of EU member states together with Norway, Iceland and Liechtenstein). However, in accordance with the term of the European Communities and Swiss Confederation Act, 2001, which came into operation on 1 June, 2002, workers can move freely between Switzerland and Ireland without the need for employment permits.
In addition, apart from some long-standing asylum seekers, people applying for refugee status in Ireland are not entitled to work at all.
Once you have been issued with a work permit you have all the employment rights of Irish or EU citizens for the duration of the work permit.
A new scheme of work permits for the spouses of certain categories of non-EEA employees in Ireland was announced in early 2005. Note however that this scheme does not apply to the spouses of most work permit holders.
In June 2005 the Department of Enterprise, Trade and Employment published the Employment Permits Bill 2005 (pdf). This legislation is designed to set out the procedures relating to the application, grant and refusal of employment permits. It also strengthens the protections for migrant workers.
Rules
Work permits are issued by the Department of Enterprise, Trade and Employment. The prospective employer must apply for the permit.
Employers must first register vacancies with FÁS recruitment services for a period of 4 weeks (Tel: 1850 66 77 66). FÁS will then notify both its local offices nationally as well as other European Economic Area (EEA)/Swiss Public Employment Services of those vacancies. This will help employers in their attempts to source local or EEA/Swiss labour to fill the position in advance of any potential work permit application.
Where specific skills are considered by FÁS and the Department of Enterprise, Trade and Employment to be in short supply, the existing requirement for the employer to advertise the position locally with FÁS over an initial four-week period may be dispensed with. In such cases, FÁS will give the employer notification that they may proceed directly with a work permit application to the Department. Applications for spousal work permits are exempt from the requirement to advertise the position. You can read more about specific skills here
New applications for work permits from employers will not be accepted by the department unless they are accompanied by a letter from FÁS confirming that all reasonable efforts have been made by the employer, in co-operation with the FÁS Employment Services, to fill the vacancy through the domestic labour market, the wider European Economic Area (EEA) labour market or the Swiss labour market. Employers may, where necessary, be asked to demonstrate more clearly the efforts they have made to recruit staff from within the EEA area or Switzerland.
If an employer applies for a work permit in respect of a former employee who has left the state, this will be considered a new application.
Occupations that are currently ineligible for work permits (after April, 2004)
The Department of Enterprise, Trade and Employment, following consultation with FÁS, will announce, on a quarterly basis, occupational sectors that are considered ineligible for work permits. Note - the following list has not changed since April, 2004 and remains in force until further announcements by the Department.
These occupations are:
Clerical and administrative staff General labourers and builders Operator and production staff Retail sales staff, sales representatives and management/supervisory/ specialist sales staff Drivers - bus, coach, car, taxi, fork lift, (excluding international HGV and articulated drivers - international) Nursery/crèche workers, child minders/nannies Hotel, tourism and catering: reception staff and barpersons The following craft workers and apprentice/trainee craft workers: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, fitters - construction plant, electricians, instrumentation craftspeople, fitters, tilers - floor/wall, mechanics - heavy vehicles, metal fabricators, mechanics - motor, originators, painters and decorators, plumbers, printers, engineers - refrigeration, sheet metal workers, tool makers, vehicle body repairers, machinists - wood (excluding plasterers and aircraft mechanic/engineers)
Renewal of Work Permits
If an employer applies to renew a work permit in respect of an existing employee, this will be facilitated. The requirement to engage with FÁS Employment Services will not be applied in these cases.
Work permit not necessary
As a non-national, you do not need a work permit if you are in one of the following categories:
EEA/Swiss citizen and your spouse (whether he/she is a European Economic Area/Swiss citizen or not) and your dependent children. Person who has been granted refugee status - whether through the normal process or as a programme refugee. Postgraduate student where the work is an integral part of the course of study being undertaken. Person who has been given permission to stay in the country because you are the spouse of an Irish citizen or the parent of an Irish citizen. Person who has been refused refugee status but has been granted leave to remain on humanitarian grounds. Person coming to Ireland from an overseas company for a maximum period of three years for training, whether or not it entails paid work, at an Irish-based company. Evidence in the form of original letters from your overseas employer and your Irish host will be required. The letters should relate to you and give details of the training and its duration.
Work permit necessary
You require a work permit if you do not come within one of the categories mentioned above and you are a non-European Economic Area national who wishes to work in Ireland.
However, although you will still need a work permit, it will be granted without the need to establish that there is no suitable Irish/European Economic Area/Swiss national available, if you are:
A doctor who has full medical registration from the Irish Medical Council and who has been offered a specified position in a hospital recognised by the Irish Medical Council. Doctors with temporary registration are classified by the Immigration Authorities as postgraduate students and a work permit is not required. An entertainer who is coming to Ireland to perform at a particular event - this includes performers and their back up crews and film crews. A professional sportsperson and the granting of the permit would comply with the terms of an agreement made between the Department and the relevant sporting organisation. A participant in an exchange programme recognised by the Minister for Enterprise, Trade and Employment. A person posted on a corporate transfer/secondment for a maximum period of four years to an establishment or undertaking in Ireland that is owned by a company or group that operates in more than one state. You will be expected to produce evidence that you come within this category. Appropriate evidence would be an original letter from the company headquarters, clearly stating that you are being posted for a particular purpose and period of time, not exceeding the maximum.* Note that the corporate transfer scheme is currently suspended until further notice. Entitled to take up employment in Ireland under the terms of any international bilateral agreement ratified by Ireland.
*Previously, people who were posted on corporate transfers/secondments to establishments or undertakings in Ireland were exempt from requiring work permits. This system changed from October, 2003 and these workers now require work permits.
Refusal of work permits
You will be refused a work permit where you:
Entered the state on the basis that you are not taking up employment, for example, as a visitor. Are in the state illegally or you no longer comply with the conditions under which you were admitted. Have been asked by the Department of Justice, Equality and Law Reform to leave the state. Are in the process of being deported. Are seeking employment with a non-European Economic Area/Swiss employer who is operating in the state without business permission from the Minister for Justice, Equality and Law Reform.
Asylum seekers
If you are in the process of seeking refugee status, you are not entitled to work. You can read more about the current policy on asylum seekers and the issuing of work permits here
Other categories to note
Prospective employers should also note that:
It is a primary condition of entry into the state for students that they are in a position to maintain themselves while studying here. Currently students who are non-European Economic Area nationals are entitled to take up casual employment (defined as up to 20 hours part-time work per week or full-time work during holiday periods) for the duration of their permitted stay in Ireland. Students who want to continue working after their course of study ends will need a work permit to do so. From 18th April 2005 new students given permisssion to remain in Ireland for study will not be given permission to work unless they are attending a full-time course of at least a year leading to a recognised qualification (recognised qualifications include those issued by the Dublin Institute of Technology, the universities, FETAC and HETAC). This change will not affect students who have permission to remain on the 18th April 2005. These students can continue to work part-time and study in Ireland for the remaining period of their visa. Read more about student visas here. A very restrictive policy operates regarding the issue of work permits for domestic staff. Applications will be entertained only where it has been established that the person has been in employment with a family abroad for at least one year, prior to the date of applying for a work permit. Permits, where issued, are subject to strict conditions. Because of the specialist nature of ethnic restaurants, some permits per branch may be granted in respect of qualified chefs/catering staff. The number of permits granted will depend upon the nature and scope of the restaurant and the number of European Economic Area/Swiss nationals employed in the business concerned.
Changing employment
If you have a work permit and wish to change employment, the new employer must apply for a new work permit and you cannot start the new job until the permit is issued.
Losing your job
If you lose your job through redundancy you have the right to remain and seek new employment for as long as your original work permit remains valid. When you find alternative employment you have to apply for a new work permit. However special conditions apply to work permit holders who have been made redundant. There are no ineligible occupations, your employer does not have to advertise the vacancy with FÁS and your application will be processed as quickly as possible. The Department of Enterprise, Trade and Employment have published guidelines on seeking new work permits following redundancy.
Registration and further permission to remain
If you are a non-European Union national (with the exception of Switzerland) and you intend to remain for longer than 90 days, you must register with your local Garda Registration Officer.
The Garda Registration Officer will place an immigration stamp on your passport and registration document.
Visas
If you are a national who requires a visa, this is still a requirement even if you do not need a work permit. You should obtain a visa before travelling to Ireland.
Rates
A new schedule of fees applies to all work permit applications received by the Department on or after 2 January 2002. In some circumstances, the fee may be waived, for example in the case where reciprocal international agreements exist between Ireland and another country.
One Month65 euro
Two Months95 euro
Three Months125 euro
Four Months170 euro
Five Months210 euro
Six Months up to One Year500 euro
How to apply
Applications for work permits should be made by the prospective employer to the Work Permits Section of the Department of Enterprise, Trade and Employment. Applications must be made on the specified form, which may be downloaded from the Work Permits Section. It must be accompanied by two recently taken passport-sized photographs of the person whose employment is sought as well as documentary evidence of the employer's efforts to recruit an Irish/European Economic Area/Swiss national.
The application will then be examined by reference to the rules for work permits. Depending on the circumstances, consultation may be necessary with other Departments and/or organisations, for example, professional associations. Further information/documentation may also be sought from the applicant.
Where a person who is the subject of a work permit application is married to a European Union/European Economic Area/Swiss national, the following documents must be presented:
the birth certificate/copy of passport/certificate of naturalisation the marriage certificate of the subject's spouse.
Where the subject of a work permit is a dependent child or a child under 21 years of age of a European Union/European Economic Area/Swiss national, the application must be accompanied by:
the birth certificate of the child, which states the full name of the parent who is a European Union/European Economic Area/Swiss national documentary proof that the parent is such a national. Original documents that are not in English must have a translation supplied and certified by a reputable authority.
Where the subject of a work permit application has an Irish born child, who is dependent on the applicant, the birth certificate of the child should be presented.
Where to apply
Immigration and Citizenship Division,
Department of Justice, Equality and Law Reform
13/14 Burgh Quay,
Dublin 2.
Tel: (01) 602 8298/602 8531/602 8477
Fax: (01) 661 5056.
E-mail: info@justice.ie
Work Permits Section
Department of Enterprise, Trade and Employment,
Davitt House,
65a Adelaide Road,
Dublin 2
Tel: (01) 631 3308/631 3197
Lo Call: 1890 201616
Fax: (01) 631 3268
E-mail: workpermits@entemp.ie
Office Hours: Monday-Friday (9:15am - 13:00pm, 14:15pm - 17:30pm)

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