Employment Immigration Solicitor | Dublin, Ireland

Introduction to Employment Permits in Ireland

In general, in order to work in Ireland, an individual born outside the European Union typically needs a valid employment permit. The regulation of employment permits is overseen by the Department of Enterprise, Trade & Employment.

Making an application for an employment permit can often be a difficult and daunting task. Potential applicants are understandably concerned about which employment permit to apply for, what questions need to be answered, what supporting documents need to be supplied and what actions does a potential or existing employer need to take.

Crushell & Co. have extensive experience of advising both employers and employees on all aspects of the employment permit application process. We have comprehensive systems in place to ensure that any applications made on behalf of our clients stands the best possible chance of success.

Who needs an employment permit in Ireland?

The European Economic Area (EEA) comprises all of the member states of the European Union together with Iceland, Norway and Liechtenstein. In general, members of the EEA, as well as citizens of the United Kingdom, do not require an employment permit to work in Ireland.

In general, under the Employment Permits Act, 2003-2014, all other individuals (i.e. those workers coming from outside the EEA or UK) require an employment permit to work here. 

There are certain exemptions, for example, where the individual may be a spouse or civil partner of an Irish or EEA national, they may have permission to remain in the state as the parent of an Irish citizen or they may have permission to remain in the state on certain humanitarian grounds. However, ordinarily, workers coming outside of the European Union require an employment permit to work here.

Please contact Crushell & Co for more detailed information.

General Employment Permit in Ireland

The General Employment Permit is typically issued by the Department of Enterprise, Trade & Employment for an initial period of 2 years but it may be renewed for a further 3 years upon a successful re-application. Following a 5 year period on a General Employment Permit, a worker may apply to the Irish Immigration Services for long term residency status. 

In order to be granted a General Employment Permit, the Department of Enterprise, Trade & Employment will examine a number of different criteria to determine general suitability.

In the first instance, it is assumed that the prospective employer is a genuine employer, registered with the Revenue Commissioners or applicable equivalent.

The applicant will need to provide a full description of the role and proposed employment terms and conditions.

The applicant will need to ensure that the proposed role is not listed under the ineligible list of occupations for employment permits, which is regularly updated by the Department of Enterprise, Trade & Employment. It is therefore critical, when making an application, to ensure that the role is not designated, inadvertently, as potentially ineligible due to inaccurate naming or description of the pertinent role. Please check with our office if you are concerned.

Ordinarily, it is expected that the applicant will have the requisite qualifications or experience necessary required for the proposed role. It is crucial that an applicant provides sufficient information to substantiate this requirement.

Ordinarily, it is expected that the applicant will earn at least €30,000 per year in the proposed role to which the General Employment Permit attaches. 

However, there are exceptions which permit an employer to pay an employee on a General Employment Permit €27,000 per annum in respect of certain professions or categories of worker.

Ordinarily, a General Employment Permit will not be issued to a prospective worker unless, at the time of the application, at least 50% of the employees of the proposed employer are EEA nationals. However, there are certain exemptions to this rule (please contact this office for further information).

In some instances, an applicant may need to undertake a Labour Market Needs Test in order to demonstrate that the skill set is not readily available to the employer under existing recruitment market conditions in Ireland. However, there are certain exemptions to this requirement, particularly where the applicant can show that the proposed role is on the critical skills occupation list, the role meets a certain minimum annual remuneration threshold, where there has been a recommendation from Enterprise Ireland or the IDA in respect of the role or where a job offer is made for the care of an individual.

Please contact Crushell & Co for more detailed information.

Labour Market Needs Test

If an employment permit is dependent upon a Labour Market Needs Test, the employer must advertise the vacancy with the Department of Social Protection Employment Services for a requisite period of time, advertise the role in a national newspaper for a requisite period of time and also advertise the role in a local newspaper or jobs website.

In advertising the role, the employer, in accordance with the guidance set under the Employment Permits Act, 2006, must include the following details:

• Description of the role
• The name of the proposed employer
• Remuneration and general terms and conditions
• Location of the employment
• Hours of work

In short, the Department of Enterprise, Trade & Employment is trying to assess whether or not genuine attempts have been made by the employer to source potential candidates for the role locally, before relying on international labour sources.

Critical Skills Employment Permit

The Department of Enterprise, Trade & Employment may issue Critical Skills Employment Permits to highly skilled workers whose skill set will add value to the Irish economy, thereby fulfilling a genuine employment market need.

Furthermore, the Critical Skills Employment Permits are generally issued to encourage those same highly qualified individuals to take up permanent residence in the Irish state.

List of Critical Skills Employment Permit occupations

There is a list provided by the Department of Enterprise, Trade & Employment as to what constitutes a critical skills occupation. These roles are subject to review and amendment but currently include:

• Production managers and directors
• Natural and social science professionals
• Engineering professionals
• Information technology professionals
• Health professionals
• Health and social service managers
• Nursery and midwifery professionals
• Therapy professionals
• Health associate professionals
• Teachers and educational professionals
• Business research and administrative professionals
• Architects, town planners and surveyors
• Quality and regulatory professionals
• Media professionals
• Artistic and media professionals
• Design occupations
• Sport and fitness professionals
• Sales, marketing and related professionals

The list of eligible professions or occupations for the Critical Skills Employment Permit is determined by a process known as the Standard Occupational Classification System (SOC) which is a protocol designed to order roles into occupational and professional categories for the purposes of collecting and disseminating relevant data. The pertinent roles for a Critical Skills Employment Permit are highly skilled occupations which are generally experiencing labour or skills shortages in respect of qualifications, experience or skills which are required for the proper functioning of the Irish economy.

Eligibility for the Critical Skills Employment Permit

The Department of Enterprise, Trade & Employment examines a number of factors when determining whether or not an applicant is suitable for a Critical Skills Employment Permit.

It goes without saying that the prospective employer must be a bona fide employer registered with the Revenue Commissioners, or equivalent.

Ordinarily, a prospective role must result in remuneration of at least €32,000 per annum.

Certain qualifications in respect of medical professionals need to be recognised by the equivalent Irish regulatory medical authorities.

If a role appears on the ineligible list of occupations for employment permits, an exemption may be made for an applicant if the annual remuneration is in excess of €64,000 per annum.

Ordinarily, an employer is expected to employ at least 50% of their workforce from the European Union, however, certain exemptions can be made.

Stages to Critical Skills Employment Permit application

There are three stages to making an application for a Critical Skills Employment Permit.

Application for Critical Skills Employment Permit

The first stage is the application process. When an applicant has submitted their application, as well as paid the relevant fees, a record of that application is given and the individual application is then placed in an ordered list, depending on whether or not the employer is designated as a standard applicant or trusted partner by the Department of Enterprise, Trade & Employment.

Processing the Critical Skills Employment Permit Application

The second stage of the application process for a Critical Skills Employment Permit is the processing stage. The totality of the application is made by an official from the Department of Enterprise, Trade & Employment who will assess whether the applicant is eligible, whether the role is relevant and whether the employer qualifies. Should the deciding official require further information, such a request will be made and should be responded to within 28 days. At Crushell & Co, we use our experience to ensure that an abundance of information is provided to assist a deciding official in making an application in favour of our clients.

Critical Skills Employment Permit Decision

The third stage of the application process for a Critical Skills Employment Permit is the issuing of a decision. If successful, no issues arise. However, if unsuccessful, an individual may appeal the decision not to issue them with a Critical Skills Employment Permit under Section 13 or 17 of the Employment Permits Act, 2006. The applicant must then set out the grounds for the review which should include and address all of the grounds for refusal or revocation. 

Please contact Crushell & Co for more detailed information.

Dependent / Partner / Spouse Employment Permits

The dependent, partner or spouse of the holder of a Critical Skills Employment Permit is generally permitted to take up residency in Ireland and ordinarily the right to work in Ireland also. The Irish Immigration Services Delivery (ISD) will issue the dependent, partner or spouse of a Critical Skills Employment Permit holder, a Stamp 3 immigration permission which does not, on its own, entitle an individual to work in Ireland. It is only when a stamp 3 immigration permission holder accompanies a Critical Skills Employment Permit holder as a dependent, partner or spouse that they can apply for an employment permit which would allow them to work in Ireland.

There are multiple benefits to the dependent / partner / spouse employment permit including the fact that making an application is without cost, all jobs, except those of a domestic nature, are eligible for application, there are no remuneration requirements except for the obvious requirement that the pay matches or exceeds the national minimum wage and the prospective employer is a bona fide employer who will not be required to undertake a Labour Market Needs Test.

For further information, please contact the offices of Crushell & Co.

Intra Company Transfer Employment Permits

The Intra Company Transfer Employment Permit is granted by the Department of Enterprise, Trade & Employment to facilitate the progression of key company personnel from the overseas branch of an employer of a multinational corporation from outside the European Union to its Irish base.

The Department of Enterprise, Trade & Employment typically classifies applicants into one of three categories, namely senior managers who are earning at least €40,000 per annum, key personnel of the prospective employer who are earning at least €40,000 per annum or personnel who are undergoing training and earning remuneration of at least €30,000 per annum.

Senior managers, under an intracompany transfer employment permit, are considered to be executives of the organisation, department or subdivision who exercise supervisory, professional or managerial work, have the authority to hire and fire other personnel and exercise authority over the team operations of the company.

Key personnel are typically defined by the Department of Enterprise, Trade & Employment as those persons having specialist skills or knowledge essential to the service, research or management of the prospective employer.

The Department of Enterprise, Trade & Employment may permit applicants to work in the state for a period of no greater than 12 months provided it can be substantiated that those individuals will be participating in a detailed training programme or exercise.

Contract for Services Employment Permit

The Contract for Services Employment Permit was established by the Department of Enterprise, Trade & Employment to provide for scenarios whereby certain qualifying foreign nationals (contractors) are permitted to undertake necessary and qualifying work for a relevant Irish company. Ultimately, the purpose of a Contract for Services Employment Permit is to facilitate the transfer of non-European Union workers to Ireland to undertake contract work. 

Ordinarily, applications are granted by the Department of Enterprise, Trade & Employment for a period of no greater than 24 months which may be extended, upon successful completion of an additional application, for a period of up to 5 years.

Applications will not be entertained for Contract for Services Employment Permits for applicants who are proposing to work in one of the listed ineligible occupations for employment permits.

The work must be integral to the contract for services under consideration. The applicant must have worked for the proposed contractor for a period of at least 6 months prior to the granting of a Contract for Services Employment Permit.

The contracting Irish company must be registered with the Revenue Commissioners as a bona fide employer, or equivalent.

Ordinarily, the Department of Enterprise, Trade & Employment will seek confirmation that at least 50% of the existing workforce of the contracting company are EEA nationals.

It is generally expected that successful applicants for the Contract for Services Employment Permit will be earning at least €40,000 per annum.

Other employment permits

There are a range of other employment permits that may be suitable for a particular applicant, depending on their circumstances. These include the Reactivation Employment Permit, the Internship Employment Permit, the Sports and Cultural Employment Permit and the Exchange Agreement Employment Permit. For further details, please contact Crushell & Co.

Please contact Crushell & Co for more detailed information.

Making an application for an Employment Permit

Typically, the following information and supporting documents will be required.

Employee Details

• Passport Number
• Expiry Date
• National of
• Title
• First Name
• Middle Name
• Family Name
• Date of Birth
• Gender
• Current Address
• Telephone Number
• PPS Number
• Email address
• Currently in State
• Highest Qualification
• Previously employed in State
• Details of previous employment in State
• Married to Irish EEA/EU national
• Married to, or civil partner of, other Employment Permit holder

Previous Permissions

• Ever make an application for Asylum?
• Ever sought to land in the State?
• Ever been in the State without permission?

Employer Details

• Job Title
• Job address
• Employment period
• Proposed/existing start date
• Main functions
• Relevant skills required for this job
• Your relevant skills and qualifications
• Was Recruitment Agency used (if so, details)

Remuneration

• Gross Annual Salary
• Weekly Salary
• Hourly Rate of Pay
• Please contact Crushell & Co for more detailed information.

Supporting Documents for Employment Permit Application

• Copy of your passport (all pages)
• Copy of your birth certificate
• Copy of marriage certificate (if applicable)
• Copy of academic diplomas (if applicable)
• Copy of Contract of Employment
• Copy of job application
• Details surrounding the company status
• Details of all family members resident in the State and their legal status in the State
• Details of Irish Associations
• Evidence of all finances available
• Evidence of private medical insurance (if applicable)
• Police Clearance Certificate (if applicable)
• Any other information you consider relevant to your application

Conclusion

Crushell & Co. have extensive experience of advising both employers and employees on all aspects of the employment permit application process. We have comprehensive systems in place to ensure that any applications made on behalf of our clients stands the best possible chance of success.

Contact us today to determine how we can assist you in making an employment permit application.