The rules and regulations surrounding visas and work permits need to be navigated correctly in order to ensure your compliance. We’ve collated a concise overview of the rules for you – keep them somewhere safe as a handy reference should you need it...
We often hear the question: “
Should I employ someone with no working permit or VISA?”
The simple answer?
No!
But what are they and how do you know if they are legitimate?
Work Permits
Either the employee or the employer can apply for a permit which must be based on an actual offer of employment. An employee granted a permit has ALL the employment rights of an Irish citizen for the duration of the permit.
The rules regarding permits include:
- The employee must have the qualifications, skills and experience required for the job
- The employee must be directly employed and paid by their employer
- General Employment Permit applications from recruitment agencies and other intermediaries are not acceptable
- The employer must be trading in Ireland, registered with Revenue and with the Companies Registration Office
- An employer cannot deduct recruitment expenses from the employee's pay or retain their personal documents
An employer can make someone redundant or put them on short time working week during the duration of their working permit. The employee should, in turn, notify the Department of Jobs, Enterprise and Innovation.
If you don’t comply with the working permit the penalties are:
- Employee fine of up to €3,000 and/or up to 12 months in prison
- Employer fine of up to €250,000 and/or up to 10 years in prison
What about VISAs?
Residents from certain origins will need a VISA to land in Ireland. The valid VISA is placed on their passport, which indicates they’re authorised in the State. The person will be subject to immigration control at the point of entry to Ireland, even if they have the VISA already.
Citizens of the EEA you do not need a VISA to land in Ireland. The EEA is an area of free trade and free movement of people, comprising the member states of the European Union, Norway, Iceland, and Liechtenstein.
The Human Resources Department of Companies has no input or influence on the VISA application process.
Employment Eligibility Clearance & Security Bonds
On a different note, the purveyors of
these items claim that they have a client company with an offer of employment in Ireland, and ask individuals for money to pay for an "International Employment Eligibility Clearance and Security Bond".
They also ask for a passport photo, CV and copy of the victim's passport bio-data page. An application form is attached seeking personal information and employment details. It’s claimed that this information is sought by the "Judiciary of the Republic of Ireland" to establish employment eligibility and security clearance.
This application form is FALSE. Both the legal and immigration company, and the client company,
do not exist.
Employers are strongly advised to seek advice if faced with an issue regarding work permits in Ireland and GNIB cards at work – if you have any queries in respect of the above please contact our 24 Hour Advice Service on 0818 923 923.
