If you come from a non-EEA country you may need an employment permit to work in Ireland. There are different types of employment permits. The most common are the Work Permit, the Spousal/Dependant Work Permit and the Green Card (previously the Working Visa/Work Authorisation scheme). The Department of Jobs, Enterprise and Innovation (DJEI) administer the employment permit schemes. The situations where a non-EEA national does not require an employment permit are listed on DJEI's website
Work permits
A work permit gives you the right to work in Ireland for a specified occupation and a specified employer listed on the permit. The permit is issued initially for between 6 months to 2 years, and can then be renewed for three further years. After that it can be renewed indefinitely, for the same employer and in the same occupation (unlimited work permit).
For a full guide on how you can get a work permit, please go to DJEI
Since 1st June 2009 there are new requirements for people who apply for their first work permit in Ireland. For the new rules see DJEI
Please note that in order to apply for a Work Permit from within Ireland, you need to have a valid immigration stamp in your passport. For more information, please see INIS
If you came to Ireland as a tourist or student, your immigration stamp is not considered appropriate for a successful Work Permit application. See section on students below.
If my application for a Work Permit is successful
if your application is successful, the original version of the Work Permit is sent to the employee and a certified copy to the employer. You can only work for the employer stated on the permit. If you applied from outside Ireland, you should obtain an entry visa from the local Irish embassy or consulate. For more details on entry visas visit Irish Naturalisation and Immigration Service (INIS).
On arrival in Ireland, you should register with the Garda National Immigration Bureau (GNIB), Burgh Quay, Dublin 2 if you live in Dublin or the local immigration office areas outside Dublin. You will receive a residence stamp in your passport - Stamp 1 - for one year which can be renewed annually. You will also be issued with a Certificate of Registration or 'GNIB card' which shows you have permission to stay in Ireland. The cost of registration is €150 and you will be required to pay this fee again each year when you register.
If you are from a non-visa required country you do not need to obtain visa but you will still need to register with the GNIB on arrival in Ireland with a copy of your Employment Permit or Green Card to show that you have the right to work in Ireland.
If my application for a Work Permit is not successful
You will receive a letter from the Employment Permits Section outlining the reasons why the application was unsuccessful. You, or your employer, have 21 days to appeal this decision.
Five consecutive work permits
If you held a valid employment permit for 5 years or more consecutively, you will not need an employment permit to work in Ireland anymore. You should contact GNIB or your local immigration officer, and if you satisfy the eligibility criteria, you will be issued a Stamp 4 immigration permission for 1 year. For more information on this, please go to the immigration section on this website or visit INIS website
What is an unlimited Work Permit?
An employee can apply for an Unlimited Work Permit after five years in the Work Permit system if they have been with the same employer for five years. An Unlimited Permit has a start date but no expiry date and entitles the employee to continue to work for the same employer for an unlimited period without the need to renew the permit yearly. For more information and how to apply go to DETI
Can I change my job?
You can only change your job by making a new Employment Permit Application. If you have an Employment Permit you may change employer by making a new employment permit application for the new employer. You can only do this if you have worked for a year with an employer and provided the new job is in the same job category (eg. If you have worked as a Chef, you can apply for another employment permit as a Chef). You can also look for a new job within another ‘eligible sector' (see the list of sectors that are not eligible in Appendix A of the Guide to Work Permits by the Department of Jobs, Enterprise and Innovation
You still need to apply for a new Work Permit, as the permit will still be associated with only one, named employer. This entails returning your current work permit. Importantly, if you change your employer there is no need for the labour market test (FÁS requirements). The processing fee of €1,000 still applies. For example, if you have been working in a restaurant for more than 12 months and you found work in a different restaurant, or another eligible job, you may change employment by making another employment permit application, but you do not have to undergo the Labour Market Means Test.
MRCI is campaigning to change this policy so that employment permit holders would have a truly possibility to change employers within their job category, without having to go through an entirely new permit application with its unnecessary costs and delays. For more information on the campaign or if you want to get involved, click here.
How to renew my Work Permit
An application for renewal can be made by the employer or employee. A labour market needs test is not required for a renewal application generally, however it is required if your first work permit was applied for after 1st June, 2009. For more information on how to renew your work permit go to DJEI
Redundancy procedures for Work Permit holders
Working with an employment permit for less than 5 years and have been made redundant?
You can apply for a new employment permit, provided that you have been made redundant within the last six months. The Labour Market Needs Test (FÁS/EURES and newspaper advertisements) is not required. For more information and how to apply, please go to DJEI
If your job from which you were made redundant was among the list of ineligible job categories, you can apply for a new work permit for a position from that ineligible list.
If you were made redundant and have less than 6 months left on your immigration permission, you should contact GNIB or your local immigration officer to extend your immigration permission to ensure that you receive the full 6 months. For more information, please go to INIS
If you cannot find another job within six months of being made redundant you should contact GNIB or your local immigration officer to extend your immigration status beyond that period.
Working with an employment permit for 5 consecutive years and have been made redundant
If you worked in Ireland for 5 consecutive years with a valid employment permit, you do not need an employment permit anymore. Please see section Five consecutive employment permits above. This arrangement applies to those made redundant after 5 years working on a permit and to those still in employment.
Green Card Permits
The Green Card permit is an employment permit for most occupations with annual salaries of over €60,000, or salaries between €30,000 and €60, 000 only in certain occupations where there are skill shortages. Fore more information on green cards and how to apply, click here: http://www.deti.ie/publications/labour/2010/Guidelines-GreenCards-Aug2010.pdf
Please note that in April 2009 the list of occupations eligible for Green Card was revised. For more information go to DJEI
Spouse/Dependant Work Permits
Spouses and dependants of employment permit holders do not have an automatic right to work in Ireland. They can, however, apply for an employment permit under the Spouse/Dependants Scheme. For more information and how to apply, download information from the website of the Department of Jobs, Enterprise and Innovation at this link.
Non-EU/EEA students working in Ireland
Students from outside the European Economic Area are allowed to work while attending a full-time programme of at least one year's duration leading to a qualification recognised by the Minister for Education and Science. Non-EU/EEA students who are allowed to work will have a 'Stamp 2' in their passport. This allows them to work up to 20 hours a week during the term-time and up to 40 hours a week during their term holidays. Students not permitted to work will have a 'Stamp 2A' in their passport, which will show that the student is not allowed to enter employment.
If you are a non-EEA student who has, on or after 1 January, 2007, acquired a Degree from an Irish third level educational institution, you might qualify for the Graduate Scheme and be able to apply for an employment permit. For further information on this scheme go to DJEI
As the requirements for non-EEA students in Ireland change often, therefore it is a good idea to regularly check updates on the INIS website
A new immigration regime for full-time non-EEA students was recently announced by the government. The scheme includes of a number of transitional arrangements for existing students, relating to work permits. For more information check 'New Immigration Regime for Full Time non-EEA Students' .
International students in Ireland with any queries on their rights and entitlements can contact the Irish Council for Overseas Students (ICOS)
Workplace Exploitation and the Work Permit System
If you are being exploited in the workplace, you can leave your job and apply for a new Work Permit with a new employer. The Labour Market test is not required (your employer does not need to advertise the position with FAS) and you can apply for any job, even if the job is listed among the ineligible job categories. Your immigration stamp should be still valid.
You will need to demonstrate to the Employment Permits Section that you have been exploited and/or that you are taking some action in relation to it, e.g. you will need copy of a complaint letter to either an employment complaints body (e.g. the Labour Relations Commission) or the Labour Inspectorate, and a cover letter from you or your legal representative or trade union explaining your situation.
This information has been prepared by the Migrant Rights Centre Ireland for information purposes only, with no guarantee as to accuracy or applicability to a particular set of circumstances. It is not intended as, and should not be considered to be, legal advice. The information may change from time-to-time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided.
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