Individuals born outside the European Union (EU), European Economic Area (EEA), Switzerland, and the United Kingdom (UK) who wish to work in Ireland must secure a valid employment permit. However, navigating this process of employment permits is notorious for its complexities and challenges.
Prospective applicants and their Irish employers often find themselves grappling with questions related to the suitable type of employment permit, the required information, and the necessary supporting documents. This article aims to shed light on some of these complexities.
However, should you have any further legal questions or concerns regarding the employment permit process, we invite you to seek guidance and assistance from our experienced Employment Law team at Setanta Solicitors.
[1] Some exceptions do exist, however, for example individuals who enter the country on humanitarian grounds.
The Employment Permit Application Process; An Overview
First-time applicants often express concerns about the application timeline. While it’s not an absolute rule, the processing period for an Ireland work permit typically spans approximately 8 weeks from the submission date – notwithstanding the time it takes to appeal if your application is denied.
To initiate the application, individuals are advised to utilise the Employment Permits Online System (EPOS) offered by the Department of Enterprise, Trade, and Employment. The application process entails submitting personal details, compiling essential documents, securely attaching them online, completing a €1,000 fee payment, and then awaiting a decision.
In the event of a successful application, it is imperative for applicants to promptly accept the offer. Conversely, if the application is denied, individuals have a 28-day window to initiate the appeals process.
General Employment Permit Eligibility in Ireland
To be eligible for a General Employment Permit, applicants and their prospective employers need to complete their respective sections of the application. Following this, there is a waiting period during which the Department evaluates various criteria to determine the general suitability for issuing a General Employment Permit. Applicants should plan their travel to Ireland accordingly after this assessment process.
Initially, the department will scrutinise the prospective employer to verify the legitimacy and registration of their company with the Revenue Commissioners. As part of the application process, applicants will have provided a comprehensive job description, a set of proposed employment terms, and confirmed that the role is not included in the regularly updated ineligible list maintained by the Department, which will also undergo examination by the department[2].
When detailing a job description as an employer, it’s crucial to avoid inadvertently assigning a role which is not permitted under the Department’s ineligible employment list, due to inaccuracies in naming or description.
Additionally, as an applicant, it is important to remember that having the necessary qualifications or experience for the role is expected, and you should be able to provide ample evidence to substantiate this requirement.
The minimum annual earnings for a General Employment Permit is typically €30,000 per year. However, exceptions allow certain professions or worker categories to receive the lower €27,000 per annum[3].
In some cases, a Labour Market Needs Test may also be required to demonstrate to the Department that the skill set which the applicant offers is not readily available in the existing recruitment market in Ireland. However, exemptions to this test apply[4] for;
- roles on the critical skills occupation list[5],
- those meeting a minimum annual remuneration threshold of €64,000
- those who have obtained recommendations from Enterprise Ireland or the IDA[6], or
- non-EEA nationals who were previously employed with a permit and were made redundant within the past 6 months.
a caregiver for an individual of exceptional medical needs, heavily reliant on the non-EEA national who has been offering care prior to the application.
[2]https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/employment-permit-eligibility/ineligible-categories-of-employment/
[3]https://www.citizensinformation.ie/en/moving-country/working-in-ireland/employment-permits/work-permits/#cc31cd
[4]https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/employment-permit-eligibility/labour-market-needs-test/
[5]https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/employment-permit-eligibility/highly-skilled-eligible-occupations-list/
[6] (applies to client companies of Enterprise Ireland or IDA Ireland only)
General Employment Permits; Duration
The Department of Enterprise, Trade & Employment typically issues the General Employment Permit for an initial 2-year period, extendable for an additional 3 years upon successful re-application. After five years under this permit, individuals can then apply for long-term residency status (under a Stamp 4 Irish Residence permit) through the Irish Immigration Services.
Changing / losing your job with a General Employment Permit
Each employment permit is tied to the employer and the job details outlined within your initial permit application. Therefore, if you intend to switch employers, you must apply for a new employment permit following the eligibility criteria for the relevant permit type.
For those currently working in Ireland with their initial employment permit, it is expected that they continue in that role for twelve months from the start of employment before considering a new permit application. This provision seeks to find a reasonable balance, recognizing the employer’s expectation of a reasonable commitment from the employee while avoiding undue binding to one employer.
However, this said, in exceptional circumstances such as redundancy or unforeseen changes in employment circumstances (e.g., a significant relocation of the business, substantial alterations to working hours, or a fundamental shift in job responsibilities), you may be granted an employment permit for an alternative, eligible position before the twelve-month period has passed since your initial employment.
The General Employment Permit and The Critical Skills Employment Permit
The Department of Enterprise, Trade & Employment may grant an alternative permit option to highly skilled individuals whose expertise contributes significantly to the Irish economy, addressing genuine employment market needs. This category of permit is called the Critical Skills Employment Permits. These permits often serve to encourage certain highly qualified professionals to establish permanent residence in Ireland
The Critical Skills Employment Permit’s list of eligible occupations is determined by the Standard Occupational Classification System (SOC). This system identifies high-skilled areas of employment facing shortages that are crucial for the efficient functioning of the Irish economy.
A sample of some of the occupations currently on this list[7] include;
- Certain types of engineers
- e.g. Civil Engineers, Structural Engineers and Site Engineers etc.
- Certain healthcare roles
- e.g. medical scientists, dieticians, physiotherapists, nurses etc.
- Certain IT professionals
- e.g. programmers, IT project managers etc.
However this list is changed to fit the needs of the Irish Labour market.
Eligibility for the Critical Skills Permit is also determined by a minimum salary requirement of €32,000 per year and the guarantee of a position for at least 2 years.
[7]https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/employment-permit-eligibility/highly-skilled-eligible-occupations-list/
Why to choose a Critical Skills Employment Permit
If eligible for both the Critical Skills Employment Permit and the General Employment Permit, it is advisable to choose the Critical Skills Visa due to advantages that come along with it.
Benefits include;
- The opportunity to apply for a Stamp 4 Irish Residence Permit after two years[8], allowing work without an employment permit
- The immediate granting Irish Residence to your spouse/partner or dependents.
- a shorter waiting period before working.
- Your spouse and dependents are entitled to apply for an employment permit at no cost, and unlike other applicants, there are no specific remuneration requirements for them, except that their pay must meet or exceed the national minimum wage.
[8] Unlike the general employments permit which requires 5 years of work)
Additional Employment Permit Categories
Beyond the mentioned permits, there are other categories available, such as:
- Intra-Company Transfer Employment Permit:
- This permit facilitates the movement of senior management, key personnel, or trainees who are foreign nationals from the overseas branch of a multinational corporation outside the European Union to its Irish base.
- This permit allows for the temporary placement of personnel in the Irish affiliate while maintaining their connection to the foreign payroll.
- Contract for Services Employment Permit:
- The Contract for Services Employment Permit is geared towards facilitating the transfer of non-European Union workers to Ireland for contract work.
In addition to these, various other employment permits may suit specific applicants based on their unique circumstances. These include the Exchange Agreement Employment Permit, the Internship Employment Permit, and the Sports and Cultural Employment Permit.
As an Employer, how many employees with valid employment permits am I allowed to hire as a business owner?
Here we must delve into the ’50:50′ Rule for Business Owners. According to this regulation[9], the Department of Enterprise, Trade, and Employment (DETE) refrains from issuing employment permits if over 50% of a business’s workforce originates from outside the EU, EEA, Switzerland, and UK.
Nonetheless, certain exceptions apply[10], such as;
- for newly established companies,
- permits granted before October 1, 2014, and
- a business owner with a sole employee.
[9] Inter-Departmental Group of the Department of Enterprise, Trade and Employment. (2018). Review of Economic Migration Policy: Report.
Page 26, 27 See; https://enterprise.gov.ie/en/publications/publication-files/review-of-economic-migration-policy.pdf
[10] Oireachtas Library & Research Service, 2022, L&RS Bill Digest: Employment Permits Bill 2022. Bill No. 91 of 2022. Page 47. See; https://data.oireachtas.ie/ie/oireachtas/libraryResearch/2022/2022-10-25_bill-digest-employment-permits-bill-2022_en.pdf
