Irish work permits

IRISH WORK PERMITS

If you want to work in Ireland and you are not a national of an EEA state, you probably need a work permit.

The recent expansion of the European Union has resulted in a drastic reduction in the number of new work permits being issued by the Department of Enterprise, Trade and Employment. Essentially, the department will not consider new work permit applications, except where an employer wants to employ highly-qualified or very specific personnel, and where there is a clear shortage of such staff in the Irish labour market. Given the more than forty million potential employees in the 10 accession states, the Irish government does not anticipate any further need for low skilled non-EEA workers.

If you still believe that you qualify for a permit, your prospective employer should apply to the work permit section of the Department of Enterprise, Trade and Employment. (You may not apply yourself.) Fees for work permits range from 65 to 500 euros, depending on the length of the permit.

Work permits are NOT required for:

Citizens of a member state of the European Economic Area, which comprises the European Union (Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom), plus Norway, Iceland and Liechtenstein. An EEA citizen's spouse and dependent children - or children under 21 - do not require a work permit if the citizen is employed or self-employed in Ireland. The European Communities and Swiss Confederation Act 2001 also allows the free movement of workers between Switzerland and Ireland.
Non-EEA workers who are legally employed in one member state and temporarily working on contract in another member state. No permit is required for the period of the contract.
Post-graduate students working as part of their course of study. (The college should provide a letter stating that the student is studying). This includes post-graduate doctors who are temporarily registered with the Irish Medical Council and dentists with temporary registration).
Anyone who has been granted permission to stay in the state as:
- the husband or wife of an Irish national;
- the parent of an Irish citizen;
- an asylum-seeker with temporary leave to remain on humanitarian grounds;
- a refugee.
Anyone posted on an intra-corporate transfer or secondment for up to four years to an organisation in Ireland which is owned by a company with operations in more than one state. (Immigration officers will require evidence, such as a letter from the company concerned).
Anyone coming to Ireland from an overseas company for up to three years for training at an Irish-based company, whether or not it involves paid work. (Immigration officers will need to see appropriate documentation).

Work permits are also generally granted where the prospective employee is:

a doctor who is fully registered with the Irish Medical Council and who has been offered a specified position in a hospital recognised by the Irish Medical Council.
an entertainer coming to Ireland to perform at a particular event (including groups of performers, back-up crews and film crews);
a professional sportsperson where the permit complies with the terms of an agreement between the department and the relevant sporting organisation,
taking part in an exchange programme recognised by the Minister for Enterprise, Trade and Employment;
entitled to be employed in Ireland under any international bilateral agreement ratified by Ireland.

Employers who apply for a work permit generally have to establish that they have made reasonable efforts to advertise the vacancy through Fas Callnet, but have been unable to find a suitable person who doesn't require a work permit. If the employer does not establish this to the satisfaction of the officer considering the application, the permit will be refused.

Work permits will be REFUSED where a prospective employee:

has entered the state as a visitor or tourist, on the basis that he or she will not be working;
is in the state illegally or is no longer complying with the conditions under which he or she was admitted;
has been asked by the Department of Justice, Equality and Law Reform to leave the state;
is being - or has been - deported;
has left the state after being asked to do so by the Department for Justice, Equality and Law Reform;
is seeking employment with a non-EEA employer who is operating in the state without permission from the Minister for Justice, Equality and Law Reform.

Non-EEA nationals who have permission to remain in the state as students are entitled to take up casual employment (up to 20 hours a week or full-time work during vacation periods). Once their permission to remain expires, they are no longer entitled to work. Having casual work will not, in itself, entitle them to stay. It is a breach of their student permit to work in full-time employment outside vacation periods.

Students allowed into the state must be able to maintain themselves while they are studying here. Expected income from casual employment will not be taken into account in deciding whether applicants have enough money to support themselves.

Students who want to continue working after they finish their course of studies will require a work permit. Unless the prospective employment is directly related to the course of studies recently completed, they will have to return home while the work permit is being processed and will have to apply for an employment visa to return to the state.

Applications for domestic staff will only be considered where the person has been in employment with the family abroad for at least one year before applying for a work permit.

In the case of ethnic restaurants, because of the specialist nature of these businesses, each restaurant may be granted a number of permits for qualified chefs and catering staff. The number of permits will depend on the nature and scope of the restaurant and the number of EEA nationals employed in the business.

NEW WORK PERMIT CHECKLIST

The processing of a work permit application will be delayed if the application form has not been completed correctly, so ensure that you:

Supply two passport photographs
Pay the appropriate fee (which will be refunded if the application is refused)
Complete part one (including employer's registered number)
Complete part two (including copy of prospective employee's passport)
Complete part three (including salary and hours of work)
Complete part four (including Fas reports WP3/6, list of referrals and copy of Fas advertisement)
Sign and date the application form with the original signature of the employee AND employer (and agent, if applicable)

RENEWAL WORK PERMIT CHECKLIST

Please ensure that the pink renewal application form (available from the call-centre, number below) has been completed correctly to speed up processing time.

Supply two passport photographs
Pay the appropriate fee
Complete part one (including employer's registered number)
Complete part two (including copy of passport)
Complete part three (including salary/hours of work)
Supply copy of P60 tax form
Supply copy of passport showing personal details and most recent residency stamp and visa (if applicable)
Sign and date the application form with the original signature of the employee AND employer (and agent, if applicable)

Employers should apply at least six weeks before the proposed employee is due to begin work.

Before applying for any work permit, employers must co-operate with FAS to try and fill any vacancy through the domestic or EEA labour market. Any vacancies must first be registered with FAS by phoning 1850 667766 and giving full details of the positions. FAS should be told if the vacancy may become a work permit application, and will then write to the employer, explaining the process. The vacancy will be sent out to all EEA employment services databases (EURES) and websites.

If the vacancy is not filled by an Irish/EEA candidate and the employer decides to go ahead with the application for a work permit, he must phone the local Fas office and request the next stage documentation. All the relevant sections must be completed and the document returned with the work permit application form to the Department of Enterprise, Trade and Employment.

These arrangements do not apply to applications for professional medical personnel or where an employer applies to renew a work permit for an existing employee.

The employer should apply to the work permits section of the Department of Enterprise, Trade and Employment, Davitt House, Adelaide Road, Dublin 2. New application forms are available by post from the department or may be downloaded from the department's website. Applications on the specified form must include two recent passport-sized photos of the person who is to be employed, all relevant documentation from FAS (form WP3/WP6, list of referrals and copy of the FAS advertisement) and the correct fee. Incomplete work permit forms will be returned to the employer.

If a former employee has left the state or has had a work permit with a different employer, this will be treated as a new application.

The department may consult other departments and organisations (such as representative bodies or professional associations) and may ask for further information or documentation from the applicant.

Where an employer applies to renew a work permit for an existing employee, he does not have to use the FAS employment services. The renewal application form is not available online or by fax as it is coloured. For renewal applications, contact the Department of Enterprise, Trade and Employment work permits helpline (see contact numbers below). A copy of the latest P60 tax form must accompany all renewal applications.

If the department decides to issue a permit, conditions may be attached, where appropriate. A permit will normally be valid from the date of issue and will last up to one year.

The estimated time for processing a vacancy which has also been registered on EEA websites is 4-6 weeks from the date of registration. Work permit applications ar processed strictly in the order they are received. Applications which have been completed correctly and are in order are currently taking one month to process from the date they are received. For the latest update on how long it is currently taking to issue a work permit, telephone the helpline at 01-631 3333/3308 or Locall 1890 201 616 or email workpermits@entemp.ie.

After the work permit is issued, employees must ensure that their residency stamp is up to date by contacting the Garda Immigration Bureau on Harcourt Street or the immigration officer at their local garda station.

EMPLOYMENT RIGHTS

Application forms must be signed by the employee as well as the employer. Employers must provide information on Irish employment rights legislation to employees. This information is available in nine languages:

English,
Portuguese PDF or RTF format,
Russian PDF or RTF format,
Lithuanian PDF or RTF format,
Polish PDF or RTF format,
Hungarian PDF or RTF format,
LatvianPDF or RTF format,
Czech PDF or RTF format,
Chinese PDF or RTF format.

The department will not deal with personal callers in relation to any application. If the examining officer asks for more details about an application, these should be sent in writing to the work permits section, Room 105, Davitt House, Adelaide Road, Dublin 2. This section ONLY deals with queries from employers about work permits already received or applications lodged. It is not an employment or recruitment service and does not provide information about moving to Ireland or finding work. For job vacancies, check out:

Fas
The Sunday Business Post
The Irish Examiner

VISAS

Some nationalities require entry visas. For a list of those which do NOT need visas (or any other query about visas), please contact:

Visa section
Immigration division
Department of Justice, Equality and Law Reform
72/76 St. Stephen's Green
Dublin 2
Tel: +353-1-6789711
E-mail: info@justice.ie
Website: www.justice.ie

The Department of Foreign Affairs also has information about visa requirements for non-EEA citizens who want to enter Ireland. Its website address is: www.foreignaffairs.gov.ie

Information on working visas or work authoristations is available by email from the Department of Enterprise, Trade and Employment - workingvisas@entemp.ie - or the Department of Foreign Affairs - visa@iveagh.irlgov.ie

FAQ's

How long does it take to process an application?

From receipt of a work permit application, it currently takes about four weeks to decide whether to issue or refuse the permit. Telephone the help line at 01-631 3333/3308 for the latest information on how long it is taking to process applications.

Who can apply for a work permit?

Only an EMPLOYER may apply for a work permit on behalf of a prospective employee.

How long does a work permit last?

Anywhere between one day and one year. A permit is valid from its commencement date and does not exceed one year. Applications for renewals should be made 25 working days before the current permit expires.

Can a person work while waiting for a work permit?

No, a work permit must be issued to an employer before the prospective employee can take up an offer of employment. Working for an employer in the state without a valid work permit is an offence under Irish law.

Does a non-EEA national married to an Irish national need a work permit?

Anyone who has been granted permission to remain in the state on this basis does not need a work permit to work in Ireland. However, they and their spouse should report to the Garda National Immigration Bureau with their passport and marriage certificate.

Can an employee change jobs?

An employee may only change employment after the new employer has obtained a work permit for them. The vacancy would have to be advertised with Fas in the normal way. Also, the existing work permit should be returned to the department, with a covering letter from the employer.

More information and application forms are available from:

Department of Enterprise, Trade and Employment
Davitt House
65a Adelaide Road
Dublin 2
Opening hours: 9am to 1pm and 2pm to 5pm

Helpline: Lo-Call 1890-201-616 or call centre +353-1-631 3333/3308
Fax: +353-1-631 3268

Website: www.fas.ie
E-mail address: workpermits@entemp.ie

To register a job vacancy, ring FAS Callnet at 1850 66 77 66

The names of all applicants for work permits and the number of permits issued to each employer are published on the department's website.

Fees for new applications and renewals are:

Duration of work permit	Euros
One month	65
Two months	95
Three months	125
Four months	170
Five months	210
Six to twelve months	500

Fees will ONLY be accepted from the employer, not from the employee. Payment must be by cheque, postal order or bank draft, made out to the Department of Enterprise, Trade and Employment. Cash will NOT be accepted. Fees may be waived in certain circumstances (such as for registered charities, reciprocal international agreements, spouses of certain diplomats etc.)

FURTHER INFORMATION

Work permit checklist

Changes to work permit scheme

Work permit application form (Adobe Acrobat Reader is required to read this file and is available as a free download from Adobe.)

Employment rights of non-nationals working in Ireland (Word document)

Information leaflet on working visas for employment in Ireland - PDF version
Information leaflet on working visas for employment in Ireland -Word version

Suspension of the intra-company transfer scheme and non-EEA trainee facility

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