Foreign nationals

An employment permit is a permission issued to a non-EEA national, which permits his or her employment in the State by the employer named on the Employment Permit in the occupation specified on the permit. On 1 October 2014, the Employment Permits (Amendment) Act 2014 changed the previous employment permits system. There are now 9 different types of employment permits, with new application forms and changes to the criteria for issuing employment permits.

The EEA is an area of free trade and free movement of people comprising the member states of the European Union, in addition to Norway, Iceland and Liechtenstein. The member states of the European Union are Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden, United Kingdom, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia and Romania.

Before an employer can consider offering a job to a prospective employee in Ireland, one of the first issues that the employer must clarify is the immigration status of the prospective employee. The Employment Permits Acts, 2003 to 2014 is the legislation used to regularise the employment of foreign nationals in Ireland. These Acts recognise the automatic right of European Economic Area (EEA) nationals to work in Ireland. These Acts also provide a system for the granting, refusal or the revocation of employment permits within the State.

The Employment Permits Acts, 2003 to 2014 enable the Minister for Business, Enterprise and Innovation to make regulations imposing a limit on the number of permits that may be granted in a particular period, and provides certain protections for foreign nationals in employment in the State.

The following groups do not require employment permits to work in Ireland:

• EEA nationals (EU including Norway, Iceland, and Liechtenstein nationals) (see below)
• Swiss Nationals - In accordance with the terms of the European Communities and Swiss Confederation Act, 2001 which came into operation on 1st June 2002, this enables the free movement of workers between Switzerland and Ireland, without the need for Employment Permits
• Those covered by relevant sections of the Refugee Act, 1996
• Exceptions by Government Regulation
• Non-EEA nationals in the State on a Working Visa/Work Authorisation*
• Van der Elst Case – the European Court of Justice delivered a judgement on the Van der Elst Case (Freedom to Provide Services) in 1994. The Court ruled that in the case of non-EEA workers legally employed in one Member State who are temporarily sent on a contract to another Member State, the employer does not need to apply for employment permits in respect of the non-nationals for the period of the contract. In Ireland, such individuals must still register with the immigration authorities and provide evidence of the contract. The maximum duration which an individual can usually stay in Ireland is up to one year
• Non-EEA nationals who have been granted permission to remain in the State on one of the following grounds:
  • Permission to remain as a spouse, civil partner or a dependent of an Irish/EEA national
  • Permission to remain as the parent of an Irish citizen
  • Temporary leave to remain in the State on humanitarian grounds, having been in the Asylum process
  • Explicit permission from the Department of Justice and Equality to remain resident and employed in the State
  • Permission to be in the State as a registered student who is permitted to work 20 hours during term time and 40 hours during holiday periods
  • Appropriate business permission to operate a business in the State
• A non-EEA national who is a registered student.

*The Green Card/Work Permit Scheme ceased with effect from 1st October 2014 and there are now nine different employment permits available. Current working visa/work authorisation holders can continue to work on their current visas or authorisations until they expire. Once they expire, any renewals of working visas/work authorisations will continue to be processed by the Department of Business, Enterprise and Innovation to avail of permission to remain. Anyone applying for or renewing Green Cards, Work Permits, Intra – Company Transfer Employment Permit and the Spousal or Dependent Employment Permits must use the nine new categories of employment permit.

The Employment Permits Acts, 2003 to 2014 recognise the automatic right of EEA nationals to work in Ireland while also providing a system for the granting, refusal or revocation of employment permits.

Under the Acts, no formal employment permit is required if the individual is an EEA national.

An EEA Member State national is a national from one of the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungry, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, together with Iceland, Norway and Liechtenstein.

An employer shall not employ a foreign national in the State except in accordance with an employment permit granted by the Minister of Business, Enterprise and Innovation.

Employment in the State includes:

• the foreign national being employed in the State by a person in the State
• the foreign national being employed in the State by a contractor based outside the State to perform duties in the State as agreed by the contractor and another person
• any other arrangement.

In the case of foreign nationals working in Ireland for a sub-contractor, the responsibility for ensuring that these foreign nationals are legally entitled to work in Ireland lies with the original company who initiated the contractual relationship.

For example, Company A appoints a construction firm (Company B), to carry out refurbishment of its premises. Company B sub-contracts the electrical work to Company C. Under the Employment Permits Acts, Company A is responsible for ensuring that all employees employed by Companies B and C are legally entitled to work in Ireland.

Where the employer is based outside of the State, and an employee who is a national of a non-EEA State is required to perform duties in Ireland, they must have an employment permit to legally work in Ireland.

Individuals, who wish to establish a business in the State, in a capacity other than as an employed person, must first apply for business permission to do so.

In order to work in Ireland, a non-EEA National (unless exempted) must hold a valid employment permit.

Citizens of non-EEA countries who wish to pursue a course of study in Ireland, and who require a visa, can apply for a student visa to enter Ireland. Once in the State and registered with the immigration authorities, they have the right to take up casual employment without an employment permit. These visas will be granted to non-EEA nationals who have enrolled in a recognised full-time course of education for a period of at least one year for at least fifteen hours study per week. Since 1st April 2011, the Non-EEA student must also have proof that they have at least €3,000 when they register for a student visa.

Those students who are registered in Ireland as full-time students with the immigration authorities are permitted to work part-time for up to a maximum of 20 hours per week during term-time and full-time, for up to 40 hours per week, during holiday periods. The right to work in Ireland will cease on completion of the course.

A non-EEA student, who has acquired a degree from an Irish university, can apply to the Irish Naturalisation and Immigration Service (INIS) to remain in Ireland for 6 months after receipt of their examination results, allowing them to seek employment and apply for a green card or work permit.

During the six month period granted, the third level graduate must be genuinely seeking employment after education. They are allowed to work for up to 40 hours per week without an employment permit.

Prior permission must be received from the Department of Justice and Equality to remain in the State in order to apply for an employment permit.

The student, at the time of application, must hold a current Certificate of Registration issued by the Garda National Immigration Bureau.

Where a prospective employee is not automatically entitled to work in Ireland, they must obtain permission to work through the employment permit system. There are nine main types of employment permit in Ireland, as follows:

• Critical Skills Employment Permit
• The Dependent/Partner/Spouse Employment Permit
• The Intra – Company Transfer Employment Permit
• A General Employment Permit
• Contract for Services Employment Permit
• Reactivation Employment Permit
• Internship Employment Permit
• Sports and Cultural Employment Permit
• Exchange Agreement Permit

The 50:50 rule requires employers seeking to hire non-EEA nationals on an employment permit to maintain a workforce of at least 50 per cent EEA nationals. This rule applies to all categories of employment permit (except in limited circumstances) regardless of who submits the application. Prior to the commencement of the Employment Permits (Amendment) Act, 2014 this rule did not apply if the proposed candidate (as opposed to the employer themselves), submitted the application.

The 50:50 rule can be waived in the following circumstances:

• where the job is on the Highly Skilled Eligible Occupations List
• if the job offer is in respect of an eligible employment with a minimum annual remuneration of €60,000 (unless the occupation is listed on the Ineligible Categories of Employment for an Employment Permit List)
• where there has been a recommendation from Enterprise Ireland or IDA Ireland has been made in relation to the job offer
• where the job offer is for a carer of a person with exceptional medical needs and the non-EEA national has been providing care to the person before the application was made and that person has developed a high level of dependence on that non-EEA national
• where the job is offered to a non-EEA national who held a General Employment Permit or a Work Permit Employment.

A Labour Market Needs Test may be required to ensure that in the first instance, the job could be offered to a suitably skilled Irish and other EEA national, and should only be offered to non – EAA nationals where no suitable candidate emerges from within the EEA. The employer must advertise the vacancy for the following time frames:

• Department of Social Protection Employment Services/EURES employment network for at least 2 weeks
• National newspaper for at least 3 days
• Local newspaper or jobs website for 3 days

The application for an employment permit must be submitted within 90 days of the commencement of the advertisement on the EURES.

The Critical Skills Employment Permit is designed to attract highly skilled people into the labour market with the aim of encouraging them to take up permanent residence in the state. Eligible occupations are largely determined in line with the regular analyses of the Expert Group on Future Skills Needs that estimate the labour market requirements for strategically important skills.

If the skills are identified as being in short supply, a Labour Market Needs Test is not required.

Criteria for Eligibility

Employment Permit applications will be assessed by the Department of Business, Enterprise and Innovation and must be based on a job offer from a bona fide employer. They must be based and trading in Ireland and be registered with the Revenue Commissioners and, where applicable, the Companies Registration Office/Register of Friendly Societies. Eligibility for a critical skills employment permit is largely determined by the type of occupation, and proposed remuneration level. The following are eligible:

• occupations with a minimum annual remuneration of €30,000
• all occupations with a minimum annual remuneration of over €60,000, other than those on the Ineligible Categories of Employment for Employment Permits. If the applicant does not have a degree qualification or higher, they must have the necessary level of experience
• the job offer must be for 2 years
• the permit will not be granted to companies unless 50% or more of the employees in the organisation are EEA nationals at the time of the application. This restriction may be waived in respect of start-up companies within 2 years of their establishment.

General employment permits are used to attract non-EEA nationals to occupations experiencing a labour or skills shortage. Unless the occupation is listed on the list of ineligible categories of employment for employment permits, all occupations are considered eligible.

Criteria for eligibility

The Department of Business, Enterprise and Innovation will examine a number of criteria when assessing employment permit applications.

• a full description of the proposed employment
• the employment named is not in an excluded job category under the Ineligible Categories of Employment for Employment Permits
• information in respect of the qualifications skills or experience required for the employment
• minimum annual remuneration – €30,000
• under the following criteria, €27,000 is acceptable as a minimum
  • non EEA student, who has graduated in the last 12 months, from an Irish/overseas third level institution, and has been offered a graduate position as an ICT professional from the Highly Skilled Eligible Occupations List; in such cases the minimum annual remuneration must be €30,000 at renewal stage
  • a role which requires a person fluent in the official language of a state which is not a Member State of the EEA and where the employment is supported by
    • a customer service and sales role with relevant product knowledge
    • a specialist online digital marketing and sales role
    • a specialist language support and technical sales support role

Employer criteria

Applications will only be accepted from employers that are registered with the Revenue Commissioners and with the Companies Registration Office/Registry or Friendly Societies where applicable. They must also be currently trading in the state. The employment relationship must be an employer/employee relationship and the foreign national must be employed, salaried and paid directly by the employer.

Employee criteria

• The minimum annual remuneration must be €30,000, and the following are deemed to be remuneration:
  • basic salary to achieve at least national minimum wage or a rate of pay fixed under or pursuant to any enactment, as the first component of the remuneration package
  • health insurance payments made to a health insurer registered with the health insurance authority on its register of health benefits undertakings under s14 Health Insurance Act, 1994.
• The occupation must not be listed on the Ineligible Categories of Employment for Employment Permits
• The prospective permit holder must have the relevant qualification, skills or experience that are required for the employment.

The intra-company transfer permit scheme is designed to facilitate the transfer of a non-EEA national from a foreign employer to a related Irish company. The Irish based company must have a direct link with the overseas company by common ownership e.g. either one company must own the other, or else both must be part of a group of companies controlled by the same parent company. Intra-company transferees are limited to senior management, key personnel or those undergoing a training program. The transferee must be crucial to the running of the company.

Criteria for eligibility

Intra–Company Transfer Employment Permits are strictly limited to the following eligible positions:

• senior management earning a minimum annual remuneration of €40,000
• key personnel earning a minimum annual remuneration of €40,000
• personnel undergoing a training programme earning a minimum annual remuneration of €30,000.

The foreign national must have been working for a minimum period of 6 months with the overseas company prior to the transfer in order to support the contention that the person is integral to the organisation.

Where the permit holder ceases to be employed by the foreign employer, ceases to carry out duties, or ceases to participate in the training programme, or when the permit expires the foreign national must return to their country of origin.

A new Employment Permit (for a different employer) cannot be considered if less than 12 moths has elapsed since the permit holder first commenced employment in that state pursuant to an Employment Permit.

However, the Department will permit a Trainee on an Intra-Company Transfer Employment Permit to apply for a Critical Skills Employment Permit or a General Employment criteria and rules for the Employment Permit type.

The Dependant/Partner/Spouse Employment Permit adopts the following conditions to ensure dependants, civil partners, and spouses eligible under this scheme will have greater ease of access to employment in the state in the following ways:

• they can apply for a permit in respect of all occupations, including certain carers in the home, and excluding all other occupations in a domestic setting
• they can apply for a permit with a remuneration of less than 30,000 per annum
• their prospective employer is not required to undertake a Labour Market Needs Test
• the application is free of charge

Criteria for eligibility

The dependant, civil partner or spouse of the primary permit holder/researcher must be legally resident in the State on the basis of being a dependant, civil partner or spouse of the primary permit holder/researcher. Dependants, civil partners, spouses who make applications for a Dependant/Partner/Spouse Employment Permit may, subject to normal requirements, make an application for a different type of Employment Permit.

Primary Permit Holder/Research Criteria

The permit holder/researcher must still be working within the terms of their Employment Permit/Hosting Agreement and have either:

• a valid Green Card Employment or a Critical Skills Employment Permit
• permission to reside in the state under a Hosting agreement.

A dependant, civil partner or spouse of a person who was once a holder of a Green Card Employment Permit, Critical Skills Employment Permit or a Hosting Agreement, but has now received permission from the Department of Justice and Equality to work without the requirement for an employment permit or Hosting Agreement is also eligible to apply for a Dependant/Partner/Spouse Employment Permit.

Criteria for employers

Employers must comply with the following statutory requirements:

• applications will only be accepted from employers that are registered with the Revenue Commissioner and where applicable, with the Companies Registration Office/Register of Friendly Societies and which are currently trading in Ireland
• an employer – employee relationship will exist in that the prospective employee concerned will be employed, salaried and paid directly by the employer
• there is not an unacceptable ratio of non- EEA nationals already employed.

A letter is required from the employer of the primary permit holder/researcher, dated within the last three months from the date of receipt of the Dependant/Partner/Spouse Employment Permit application, confirming that the primary permit holder/researcher is still in employment with the employer and their job title.

Changes to rules for Dependant/Partner/Spouse of CSEP holders

The requirement for spouses and de-facto partners of Critical Skills Employment Permit (CSEP) holders to obtain an employment permit was removed by the Department of Business, Enterprise and Innovation (DBEI) in March 2019. The Irish Naturalisation and Immigration Service (INIS) now grants eligible spouses and de-facto partners of CSEP holders permission to reside in Ireland on a Stamp 1 which provides direct access to the labour market without the need to obtain an employment permit. 

Arrangements for spouses/partners who already hold a ‘stamp 3’ permission

It is open to spouses and de facto partners of persons who are currently resident in Ireland on Stamp 3 conditions to attend their local immigration office with their spouse/de-facto partner who is the holder of a CSEP to obtain a permission to reside on Stamp 1 conditions without the need for an employment permit.  They must provide a copy of the CSEP.

The local immigration officer will issue eligible persons a new Irish Residence Permit (IRP) on Stamp 1 conditions without the need for a Dependant/Partner/Spouse Employment Permit. 

New preclearance arrangement

On 1 April 2019 a new preclearance policy will be introduced for non-EEA de-facto partners of CSEP holders. This will apply to both visa and non-visa required nationals. This will provide certainty to applicants in this category prior to their arrival in the State and make the immigration process as straightforward as possible both at arrival at the port of entry and on registration of their immigration permission. Further details in relation to eligibility and the application process are published on the INIS website.

Exchange Agreement Employment Permits are designed to facilitate the employment in the State of foreign nationals pursuant to prescribed agreements or other international agreements to which the State is party. Exchange Agreement Employment Permits may be issued for differing periods up to a maximum of two years, depending on the type of exchange agreement.

Criteria for eligibility

The current agreements for which Exchange Agreement Employment Permits are eligible are:

• AIESEC - The International Association for the Exchange of Students for Technical Experience (IAESTE)
• The Fulbright Programme - Exchange between St. Joseph’s University, Philadelphia and University College Cork in conjunction with Bord Bia

Employer criteria

Employers must comply with the following statutory requirements:

• must be registered with the Revenue Commissioner and with the Companies Registration Office/Registry of Friendly Societies, if applicable, and which are currently trading in Ireland
• an employer/employee relationship must exist in that the prospective employee concerned will be employed, salaried and paid directly by the employer
• at the time of the application, 50% or more of the employees in the employer's business must be EEA nationals
• no Labour Market Needs Test is required for an Exchange Agreement Employment Permit.

Employee criteria

• The remuneration offered must at least the National Minimum Wage or higher
• Possession of relevant qualifications, skills, knowledge or experience for the occupation
• The exchange or international agreement applies to the foreign national concerned and the applications supported by a letter from the exchange organisation.

The Contract for Service replaced the Contract Service Provider class of Work Permit Employment Permit. The objective is to allow the employee of a foreign company that has entered a contract with an Irish company to work in the State.

Employee criteria

Contract for Services Employment Permits are strictly limited to positions required for the service of the contract and cannot be considered for any occupations listed in the Ineligible Categories of Employment for Employment Permits or those contrary to the public interest. The employee must have been working for a minimum period of six months with the contractor prior to transfer in order to support the contention that the contractor was awarded the contract on the basis of the skills and service they can provide. At the cessation of the contract or when the permit expires, the permit holder must leave the state. After holding a Contract for Service Employment Permit for one year, they may apply for an alternative employment permit.

Employer criteria

Employers must comply with the following statutory requirements:

• The “contractor” in question must be registered with the Revenue Commissioner as an employer, and, if applicable, be registered with the Companies Registration Office
• A labour market needs test is required in most cases, other than occupations on the Highly Skilled Eligible Occupation List
• At least 50% of the employees of the contractor or the relevant person with whom a contractor has entered into a contract of service are EEA nationals
• The job offer is in respect of an eligible employment with a minimum annual remuneration of €60,000
• Applications submitted with a recommendation from the Enterprise Development Agencies.

Re-activiation is designed for a foreign national who entered the state on a valid Employment Permit but who fell out of the system through no fault of their own. The Minister will, except in very exceptional circumstances, consider the issue of one new Reactivation Employment Permit for a foreign national under this scheme. The permit holder must apply in the first instance to the Irish Naturalisation and Immigration Service, and make an application for permission to be in the State for the purpose of making an application under this employment permit scheme.

To allow students of foreign institutions to work in the State, where that is a key component of the course which they are following. Internship Employment Permits can only issue for a maximum period of 12 months and are non-renewable. The Department of Business, Enterprise and Innovation consider the following criteria when assessing applications under this scheme:

Criteria for eligibility

• The remuneration must be National Minimum Wage or higher
• The course of study must be wholly or substantially concerned with the skills shortage identified on the Highly Skilled Eligible Occupations List.
• It must be a requirement for the completion of the course of study, to obtain experience in the practice of those skills or qualifications, in an employment that requires the practice of those skills or qualifications.
• At the end of the internship the employee must leave the State.

Employer criteria

• Students must be in full-time education
• Pursuing a degree course or higher
• Have an offer of an internship with an employer in the state.

The normal criteria for employers apply to ensure that the employer is a legal entity, is properly registered with the relevant authorities and will respect the employment rights of the proposed employee.

Sport and Cultural Employment Permits are designed to facilitate the employment in the State of foreign nationals with the relevant qualifications, skills experience or knowledge for the development, operation and capacity of sporting and cultural activities.

Non-EEA nationals may be able to undertake short term work which is not covered by the Employment Permits Act 2003 to 2014 under the Atypical Working scheme. This may be in the following circumstances:

• where a skill shortage has been identified
• to provide a specialised or high skill to an industry, business or academic institution
• to facilitate trial employment in respect of an occupation on the Highly Skilled Occupation List
• to facilitate paid internships in respect of non-EEA full time students studying outside the State (excluding medical internships)
• where persons are employed in the State on a short term basis i.e. between 14 and 90 calendar days (inclusive)
• where non-EEA nationals are employed on a trial basis (not exceeding 90 days inclusive of date of entry to the State)
• where there are other categories of employment that may not be covered by the Employment Permits Acts.

The Atypical Working Scheme does not apply to (i) persons entering the State for business purposes of up to 14 calendar days (inclusive/consecutive), (ii) persons who may avail of permission under the Van Der Elst Judgement or (iii) persons who avail of the Highly Skilled Job Interview Authorisation initiative.

Where non-EEA nationals do not have permission to work in Ireland they must obtain permission to remain in the State if they intend to stay in the State in excess of 90 days.

Furthermore, if the non-EEA national is resident in the State, their immigration status must allow them to enter employment prior to any employment commencing.

Permission to remain in the State and to commence employment is given on behalf of the Minister for Justice and Equality in the form of a stamp or endorsement in the non-EEA national’s passport.

The stamp specifies the duration and conditions of the non-EEA national’s permission to remain in the State. It must be kept up to date at all times and renewed prior to expiry.

The National Employment Rights Authority (NERA) carry out inspections with regard to employer and employee compliance with the Employment Permits Act 2003 to 2014. An Inspector has the right to enter, search and inspect any premises or place, as they see fit, to determine whether an employer is being compliant with the requirements of the Acts.

An Inspector shall not, other than with the consent of the occupier, enter a private dwelling unless he/she has obtained a warrant from the District Court authorising such entry.

Where an Inspector, in the exercise of his/her powers, is prevented from entering any premises, place or vehicle, an application may be made for a warrant authorising such entry.

The employer must keep, and have available for inspection, records to show that they are not in breach of the Employment Permits Act 2003 to 2014 in relation to the employment of a foreign national, and to show that at least 50% of their workforce is made up of EEA nationals.

The employer must keep, in relation to the foreign national, a record of:

• the employment performed by the foreign national and the economic sector in which the work is being performed
• the duration of the employment
• the particulars of the permit.

Records that an Inspector may require also include:

• records of the remuneration paid to the foreign national
• records concerning the trade/business to which the employment covered by the permit relates
• records must be kept of the number of those foreign nationals who are nationals of:
  • a member state of the EEA
  • a state other than a member state of the EEA.
• the records concerning the employment of a foreign national must be kept and be available for inspection for 5 years or the appropriate longer period if the employee is employed for longer than 5 years.

The records should be kept in the State at the place of business or at the premises where the employee for whom the permit is issued is working.

The Employment Permits Acts, 2003 to 2014 outline penalties with regard to breaches of the Acts. Under Section 2(1) of the 2003 Act (as amended) a foreign national is prevented from entering employment within the State, and under Section 2(2) of the Act (as amended), an employer is prevented from employing a foreign national in the State, except in accordance with the employment permits regime.

An employer or employee who contravenes section 2(1) or 2(2) of the Act can be liable on summary conviction, to a fine not exceeding €3,000 or imprisonment for a maximum term of twelve months or both.

In respect of the employer only, on conviction on indictment, the employer can be liable to a fine not exceeding €250,000 or imprisonment for a maximum term of ten years or both. The employer does have a defence if it can be shown that he or she took all such steps as were reasonably open to him or her to ensure compliance with section 2(2).

There are also penalties for contravening other provisions of the Acts with regard to the processing and usage of employment permits.

When the employment covered by the permit ceases (either through termination by the employer, the employee or any other reason), the permit must be returned, by both the employer and the employee, to the Department of Business, Enterprise and Innovation within four weeks of the date of termination.

The Minister may revoke an employment permit if:

• the holder of the permit or the employer has used the permit in a way that is not in accordance with the Acts
• the holder of the permit or the employer has been convicted of an offence under the Acts
• the employment permit was obtained by fraud or misrepresentation
• any information provided in respect of the permit application was false or misleading in a material aspect
• the employment permit was granted by virtue of an administrative error
• in the opinion of the Minister it is in the public interest to do so.

Where the Minister decides to revoke an employment permit, he/she will notify, in writing, the holder of the permit and the employer of the decision, the reasons for it, and the fact that either of them, or both, within 28 days of notification, may submit to the Minister to have the decision reviewed.