Modern-day Ireland is an extremely diverse place, and this is even more present in businesses. Employers are looking to hire foreign nationals to improve quality of work.
Before you recruit foreign nationals from outside the European Economic Area, it's vital to ensure they first secure the correct work permit.
If you break the rules and hire workers illegally, you can face legal trouble, monetary fines, and even imprisonment.
In this guide, we'll discuss who an employment permit is, different types of permits, and how to provide them for your employees.
What is an employment permit?
An employment permit is a legal permission for a non-Irish resident to work in Ireland.
Irish work permits are issued by the Department of Enterprise, Trade, and Employment (DETE). Obtaining employment permits is a legal requirement for employers looking to hire foreign nationals.
As an employer, you need to understand who needs to obtain one before working.
Who needs an employment permit to work in Ireland?
Under Irish immigration law, foreign nationals from outside the European Economic Area (EEA) must have a valid employment permit to work in Ireland.
The EEA is made up of the Member States of the EU, plus Iceland, Liechtenstein, and Norway. Switzerland is not part of either the EU or an EEA member state but is part of the single market.
It's important you understand that the DETE doesn't issue employment permits to businesses where more than 50% of workers are non-EEA nationals. However, there are exceptions to this. For example, if the applicant is the only employee within the company.
As well as knowing who requires a permit, you need to understand who is exempt from them.
Who is exempt from an employment permit?
Not all non-EEA nationals need to apply for an Irish work permit before starting employment. People can be exempt from applying for a work permit if they:
- Hold an Ireland Student visa.
- Are a Swiss national.
- Are a foreign spouse, civil partner or parent of a citizen from Ireland.
- Have received refugee status in Ireland or have been permitted to stay based on humanitarian grounds.
- Are carrying out scientific research for an approved organisation.
- Are a postgraduate and employment is required (as part of their degree).
Before applying for a work permit on behalf of an employee, you need to understand the different types on offer.
What are different types of employment permits?
There are a range of employment permits available in Ireland. As an employer, you should become familiar with them in case you need to apply for one.
Below are the different types of employment permits available:
General Employment Permit
A General Employment Permit allows someone to work in industries where there is a labour shortage. This permit is available for any jobs that aren't on the 'Ineligible Categories of Employment for Employment Permits' list.
Permits must be applied for at least 12 weeks before the employment starts. However, this is not always necessary for the applicant to have it before entering the country.
To apply for a General Employment Permit, the employer must be registered with Revenue and with the Companies Registration Office (only if the employer is a corporate body).
Usually, the job must have a minimum annual salary of €30,000. However, you can apply for a permit for a job with a salary of €27,000:
- In respect of an employment as a healthcare assistant (with the right qualifications and legal requirements).
- In respect of a non-EEA student who’s graduated in the last 12 months, and comes from an Irish third level institution. (They also need a placement from the Critical Skills Occupations List).
- For a customer service and sales role with relevant product knowledge.
- For a specialist online digital marketing and sales role.
- For a specialist language support and technical sales support role.
Critical Skills Employment Permit
A Critical Skills Employment Permit is aimed at highly skilled international workers. The permit aims to fill any skill shortages and gaps in the Irish market.
The occupations this permit is aimed at are seen to be highly beneficial to the growth of the economy in Ireland.
Here are common examples of sectors where a critical skills permit is applied for:
- Health workers.
- Teaching and education.
- Sports and fitness.
Intra-Company Transfer Employment Permit
The Intra-Company Transfer Employment Permit is provided to foreign workers looking to transfer to the Irish branch of a company they already work for.
This type of permit is available for employees at different levels of experience. However, the following requirements must be met:
- Senior management: Must have a minimum remuneration of €40,000.
- Key personnel: Must have a minimum remuneration of € 40,000.
- Trainees: Must have a minimum remuneration of €30,000.
Internship Employment Permit
The Internship Employment Permit is aimed at full-time foreign students who are studying outside of Ireland to gain work experience.
This permit is only issued for 12 months and cannot be renewed. As well as this, they must have an offer of an internship with an employer in Ireland.
Contract for Services Employment Permit
A Contract for Service Employment Permit is issued for a foreign who is carrying out work for an Irish-based company.
The workers are still employed by the foreign company. But they can work in Ireland on behalf of their employer.
These types of permits are granted for a maximum of 24 months; but can be extended up to five years upon request.
Exchange Agreement Employment Permit
An Exchange Agreement Employment Permit is aimed at any foreign workers who are looking to return to Ireland to work under an international exchange agreement.
Some examples of these are
- The Fulbright programme.
- The International Association of the Exchange of Students for Technical Experience.
These permits are issued for a maximum of two years, but this depends on the exchange agreement.
Reactivation Employment Permit
The Reactivation Employment Permit is available to former permit holders who lost their right to work in Ireland. This must be down to reasons not of their own.
For example, they could have lost their job due to workplace exploitation or abuse.
How do you apply for an employment permit?
To apply for a permit, they must fill out an employment permit application form via the Employment Permits Online System (EPOS). Either you or the employee can apply for their work permit.
You have 28 days to complete the online application. Anything longer and the application will have to be restarted.
Any personal identity documentation provided must be original. Within the application form, you may include:
- Copy of their passport (clearly showing a picture, signature, and personal details).
- Employment contract signed by both employee and employer.
- Current immigration stamp (if a resident at the time of application).
- Details of a contactable person.
- The letter of support by IDA Ireland or Enterprise Ireland.
- Employment details (like company registration number, address, and relevant certificates from authorised bodies).
For a General Employment Permit, there is an application fee of €1000. If the application is refused, 90% of the fee will be returned.
As well as obtaining a permit, some people may have to apply for a work visa before starting work.
What are the requirements for an Irish work visa?
As an employer, you must understand the visa requirements needed for those who require an Irish work visa. For example:
- Proof of sufficient funds (through bank statements)
- Valid passport.
- Proof of legal residence from the country they're applying from.
- Letter clearly explaining their purpose of travel is employment.
- Evidence of accommodation in Ireland.
- Details of any previous visas.
- Proof of qualifications, medical insurance, and any past work experience.
- Proof that they'll return to their country.
Be aware biometric information may also be required during the application process.
To enter Ireland, the employment permit and visa must be presented to the immigration officer upon arrival.
How long is a work visa valid for?
The length of the visa depends on the length of the employment. There are short stay and long stay visas.
The employee can look to extend their Irish work permit through EPOS. Beware, hiring someone without an employment permit is a criminal offence under the Employment Permits Act 2006.
Get expert advice on employment permits with Peninsula
As a business owner, you may look to hire non-Irish citizens. If this is the case, you must ensure they hold the correct work permit for your company.
There is a range of different permits available to employers in Ireland. So, there's no excuse for choosing the wrong one.
Peninsula offers expert advice on employment permits. Our HR services can help you understand employment rights, and how to stay on the right side of the law.
We also offer 24/7 HR advice that’s available 365 days a year. Want to find out more? Book a free consultation with one of our HR consultants. Contact 0844 891 0353.
