What do you need to work/live in the Ireland? Introduction

Transcription

1 What do you need to work/live in the Ireland? Introduction If you are an EEA or a Swiss National can stay in Ireland for up to 3 months without restriction. If you plan to stay more than 3 months, you must either: Be engaged in economic activity (employed or self employed) or Have sufficient resources and sickness insurance to ensure that you do not become a burden on the social services of Ireland or Be enrolled as a student or vocational trainee or Be a family member of a Union citizen in one of the previous categories. When you come to Ireland you do not need to register with the local immigration officer and you do not need a residence card to live here. If you wish to have a record your residence in Ireland you can register with your embassy of your country in Ireland. Seeking employment in Ireland If you are an EU/EEA national, you can stay in Ireland if you are unemployed and looking for work. You can transfer your unemployment benefit from your country of origin and it will be paid to you in Ireland for up to 3 months (can be up to 6 months in some cases). After that period, you may qualify for Jobseeker's Allowance if you satisfy the conditions, which include Habitual Residence Condition. Residence rights for your family If you are a national of an EU member state, or of Iceland, Liechtenstein, Norway or Switzerland, your family, whatever their nationality, also have the right to live with you in Ireland. Your "family" is defined as your spouse, children under 21 and other children who are dependent on you and their spouses, your parents and your spouse's parents, if they are also dependent on you. 1

2 The European Communities (Free Movement of Persons) (No. 2) Regulations 2006 transpose EU Directive 2004/38/EC into Irish law. The Directive allows for a wider definition of family members and applies to EU citizens only. In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident. In 2008 following a decision by the European Court of Justice this requirement was removed by the European Communities (Free Movement of Persons) (Amendment) Regulations You can find more information about these EU Treaty Rights on the Irish Naturalisation and Immigration Service website. The wider definition of family member means: Your registered partner (and dependent relatives) is also entitled to move with you if the host member state treats registered partnerships as equivalent to marriage. This is not the case in Ireland. The host member state must facilitate the entry and residence of other family members who do not have an absolute right to move but who are dependent on you or whose health is such that they require care by you. Member states must also facilitate the entry and residence of a partner with whom you have a durable relationship. This wider definition does not apply to family members of nationals of the non-eu states of the EEA (Iceland, Liechtenstein, Norway) or of Switzerland. If your family members are not nationals of the EU or EEA, they will need to apply for residence cards and may also need entry visas. There is no fee for the residence card. They will also need to register with the Garda Síochána and receive an Immigration Certificate of Registration (usually called a GNIB card). As dependants of an EU citizen, they will be exempt from the general fee of 150 for this certificate. 2

3 Limitations on the right of residence You or a family member may be asked to leave the State if you act in such a way as to be a danger to public order or security. Having a criminal record is not, in itself, grounds to be asked to leave. You may also be asked to leave on public health grounds. You must be told reasons for the decision and given time to prepare an appeal. Permanent residence These Regulations also introduce a new right of permanent residence for EU nationals and their family members after a five-year period of uninterrupted legal residence in the State. Rates There is no charge for a residence card for a non-eea national family member, for a permanent residence certificate or for a permanent residence card. There is a general fee of 150 for the Immigration Certificate of Registration - GNIB card, with some exemptions. How to apply Visa for a non-eea national family member: You must apply for a visa online. For a residence card for a non-eea national family member apply using the application form EU 1 and explanatory leaflet. For a permanent residence certificate for an EU citizen who has lived in the State for five years apply using the application form EU 2 and explanatory leaflet. For a permanent residence card for a family member who has lived in the State for five years apply using the application form EU 3. Completed application forms should be returned to the EU Treaty Rights Section of the Irish Naturalisation and Immigration Service (INIS). There is a list of frequently asked questions about the EU Treaty Rights on the INIS website. 3

4 For an Immigration Certificate of Registration: apply to your local immigration registration officer. In Dublin this is the Garda National Immigration Bureau (GNIB). Outside Dublin this is at your local Garda District Headquarters. Where to apply EU Treaty Rights Section Department of Justice and Law Reform Irish Naturalisation and Immigration Service 13/14 Burgh Quay Dublin 2 IRELAND eutreatyrights@justice.ie Garda National Immigration Bureau 13/14 Burgh Quay Dublin 2 IRELAND Opening Hours: Mon to Thurs inclusive: 8am to 10pm, Friday 8am to 4pm Tel: Homepage: gnib_dv@garda.ie EEA countries The EEA countries are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. 4

5 European Union member states. Since 1 January 2007 nationals of Romania and Bulgaria are EU nationals but may still be required to have an employment permit for a continuous period of 12 months to work in Ireland. Applications for work permits for them will be given preference over those for non- EEA nationals. Romanian and Bulgarian nationals who have been resident in the State on employment permit, expiring on or after 31 December 2006, for a continuous period of 12 months, are not required to have employment permits. Bulgarian and Romanian nationals: the 2007 eligibility requirements and 2007 ineligible categories list apply to work permit applications by Bulgarian and Romanian nationals. The 2009 changes to work permits do not apply to them. You may not need authorisation to be self-employed in Ireland. Non-EEA and non-swiss nationals Since 1 February 2007 there are a number of changes in relation to the application and granting of employment permits. Under the Employment Permits Act 2003 and the Employment Permits Act 2006 there are 4 types of employment permits: work permits, Green Card permits, spousal/dependant work permits and intra-company transfer permits. 1. Green Card permits - main features (source Citizens Information Board) The Green Card permit is an employment permit for most occupations with annual salaries of over 60,000 or certain occupations where there are skill shortages. In April 2009 this list of occupations was revised. The Green Card permit replaces the working visa and work authorisation which have been discontinued. 5

6 The main features of the Green Card scheme are: The Green Card permit is available for occupations with annual salaries of 60,000 or more - see 'Eligible occupations' below It is also available for a restricted list of occupations with annual salaries of 30,000 to 59,999 in the following sectors of employment: information and communications technology, healthcare, industry, financial services and research - In April 2009 a number of occupations were removed from the healthcare and financial services sectors of the list. There is no requirement for a labour market needs test The Green Card permit is issued for 2 years and a renewal permit is not required as it is intended to lead to the granting of long-term residence - see 'Expiry of Green Card permit' below. Holders of a Green Card permit can have their spouses and families join them immediately. Either the employer or the employee can apply for the employment permit, based on an offer of employment The permit is granted to the employee and includes a statement of the employee's rights and entitlements A copy of the permit is sent to the employer The employer is prohibited from deducting recruitment expenses from the employee's pay or retaining the employee's personal documents offer You must have a job offer from a company or employer who is registered with the Revenue Commissioners, trading in Ireland and registered with the Companies Registration Office. You must be directly employed and paid by your employer in Ireland. Job offers from recruitment agencies and other intermediaries are not acceptable under the scheme. The job offer must be for 2 years or more. Labour market needs test 6

7 A labour market needs test is not required, that is the employer does not need to advertise the job with FÁS/EURES or in newspapers. However, an employment permit will not be granted to companies if the granting of the permit would mean that more than 50% of the employees would be non-eea nationals. Qualifications You must have the relevant qualifications, skills and experience required for the job. Eligible occupations There are 2 categories of eligible occupations as follows: (1) For jobs with annual salaries of 60,000 or more the Green Card permit is available for all occupations (other than certain ineligible job categories and those which are contrary to the public interest) (2) For jobs with annual salaries of 30,000 59,999 Green Card applications may be made for the following occupations listed here: Eligible occupations (annual salary between 30,000 59,999) Economic Sector Occupation Job Titles Information Technology Healthcare Healthcare ICT professional Health professionals Health associate professionals Computer systems managers, Computer analysts, Computer programmers, Computer testers Registered nurses, Medical practitioners, Specialist nurses, Pharmacists/Pharmacologists, Dental practitioners Dieticians, Occupational therapists, Orthoptists, Medical scientists, ECG technicians, Neurophysiological measurement technicians, Cardiac catheterisation technicians, Vascular technicians, Respiratory 7

8 technicians, GI function technicians, Audiologists, Biochemists, Medical radiographers Industry Electrical, Software, Chemical, Design and Professional development, Planning and quality control, engineers and Network, Validation, Product development, technologists Process and Equality Researchers Researchers, Chemists, Natural scientists, Education/Healthcare/Industry and natural Biological scientists, Physicists, Material scientists scientists Financial Business and Chartered and certified accountants, Actuaries, financial Management consultants, Business analysts, professionals Risk professionals, Compliance specialists, and associate Risk specialists, Tax experts, Legal experts professionals Registration and permission to remain If you are not an EEA or Swiss national you must register with your local immigration officer in the area where you intend to live when you arrive in the State. In the Dublin area, the registration is done at the Garda National Immigration Bureau (GNIB). If you are living outside Dublin, you should register at your local Garda District Headquarters. This is in order to obtain permission to remain and to ensure you have the correct immigration status, that is, as an employee. You will be given a Certificate of Registration which is also known as a GNIB card. 8

9 Undocumented workers: If your Green Card permit is no longer valid through no fault of your own, because of your employer's action or inaction, and if you no longer have permission to remain, there is a scheme for certain undocumented non-eea workers. The closing date was 31 December If you are successful you will be given a temporary residence permission of 4 months. You can find the application form and further details of the undocumented workers scheme on the website of the Irish Naturalisation and Immigration Service (INIS). Expiry of Green Card permit The Green Card permit is issued for 2 years and you are not required to renew it. Under the Immigration, Residence and Protection Bill 2010 it is proposed that you should apply for longterm residence. In 2009 as a temporary measure, Green Card permit holders whose permit and GNIB card had expired, were given a stamp 4 permission for 12 months. From 30 August 2010 under revised immigration arrangements, holders of Green Card permits for 2 years or former Green Card permit holders granted stamp 4 in 2009 may be granted a stamp 4 permission for a further 2 years. Within 2 weeks of the expiry of your Green Card permit or stamp 4 permission to remain you should apply to renew your permission to remain by registering with your local immigration officer. You must have the following documents with you: Passport Certificate of Registration (GNIB card) Your Green Card permit Your most recent pay slip 9

10 Provided that you are still working in the same occupation, for the same employer and for at least the same salary as stated on your Green Card permit you will be given a Stamp 4 permission for 2 years. This allows you to work in Ireland without a permit. This is an interim arrangement. When the above legislation is implemented you will still need to apply for longterm residence. If the immigration officer is not satisfied that you meet the qualifying criteria you will be given a Stamp 1 permission for 3 months and referred to the Employment Permits Section of the Department of Enterprise, Trade and Innovation - see 'How to apply' below. You can find a list of frequently asked questions about the renewal arrangements for Green Card permit holders on the INIS website. Visas If you have a passport from a country whose passport holders require a visa to enter Ireland you should apply for an entry visa from the Irish embassy or consulate in the country where you live. Dependants You may apply to have your spouse and/or minor dependent children join you once you have obtained your Green Card permit. There is information about family reunification on the INIS website. Spouses and dependants of employees on employment permits may be able to obtain spousal/dependant work permits provided they are legally resident here. Changing job If this is your first employment permit in Ireland then you are expected to remain with your employer for 12 months (unless there are exceptional circumstances). After that you may change employer provided that a new application for a Green Card permit is made. 10

11 Losing your job If you lose your job through redundancy you should notify the Department of Enterprise, Trade and Innovation. From 28 August 2009 the Department will allow you a period of 6 months (was 3 months) to find another job. When you find another job you have to apply for a new Green Card permit. You should contact your local immigration officer to confirm your immigration status. If you have more than 6 months before your GNIB immigration permission expires, you can reside in Ireland under your stamp 1 permission for a further 6 months. If you have less than 6 months' immigration permission you can have your immigration permission extended to 6 months which means you will have to pay 150 for a new GNIB card. If you have not found a new job after 6 months you will be expected to leave Ireland. If you then get an offer of employment in Ireland you may apply for a new employment permit. Further details about the new provisions for non-eea nationals who are made redundant are on the INIS website. These provisions also apply to non-eea nationals on work authorisations or working visas. Rates The fee for a Green Card permit must be paid by the applicant. Permit Fee Duration New 1,000 Up to 2 years The fee for the GNIB Certificate of Registration is 150. How to apply Applications for a Green Card permit should be made to the Employment Permits Section of the Department of Enterprise, Trade and Innovation. Note: Irish embassies do not process applications for Green Card permits. 11

12 When applying for a Green Card permit you should supply: A completed application form for a Green Card A job offer for 2 or more years on company headed paper, dated within the previous 60 days, including a description of the employment, the starting date, annual salary and information on the employee s qualifications, skills or experience required for the job Documentary evidence of the employee s qualifications The application fee of 1,000 Copy of the employee s passport - the employee s passport must be in date and valid for 3 months after the proposed expiry date of the Green Card. Where applicable, copies of all visas, residency stamps and copy of the employee s GNIB Registration card If the employee is a medical professional, a copy of the registration with the appropriate medical body or a validation of qualifications from the Department of Health and Children. There is a list of registration and validation bodies for medical professionals in the Guide to Green Card Permits - see below. There are new arrangements for employment permit applications for doctors and nurses. There is further information in the Department of Enterprise, Trade and Innovation's Guide to Green Card Permits. Expiry of Green Card permit: If your Green Card permit is due to expire and you do not meet the qualifying criteria to be given a Stamp 4 permission, the immigration office will give you a Stamp 1 permission for 3 months and refer you the Employment Permits section of the Department of Enterprise, Trade and Innovation. You should send a completed referral form to the Employment Permits Sections together with copies of documents such as your P60 and your last 3 pay slips. 12

13 Where to apply Department of Enterprise, Trade and Innovation Employment Permits Section Davitt House Line 2: 65a Adelaide Road Dublin 2 IRELAND Opening Hours: Mon, Wed, Fri 9:30am pm Tel: Locall: Fax: Homepage: employmentpermits@deti.ie 2. The spousal/dependant work permit (source Citizens Information Board) The spousal/dependant work permit makes it easier for eligible spouses and dependants to access employment because: Employers do not have to advertise the job with FÁS/EURES before making the work permit application - the labour market needs test The spouse or dependant can apply for any job vacancy First applications and renewals for spousal/dependant work permits are exempt from the usual application fee The spousal dependant work permit scheme applies to spouses and dependants of holders of certain employment permits such as Green Card permits and work permits where the first work permit application was before 1 June

14 Spouses/dependants of new applicants for work permit from 1 June 2009 Changes to work permit arrangements for those who are applying for a work permit for the first time on or after 1 June 2009 mean their spouse and dependants must apply for work permits in their own right. Spousal/dependant work permits are not available to spouses and dependants of holders of new work permits applied for since 1 June Applying for a work permit in their own right means: A labour market needs test will be required when applying for a work permit for a spouse or dependant. This means the vacancy must be advertised with FÁS/EURES for 8 weeks and in national media for 6 days Fees are payable when applying for or renewing a work permit for a spouse or dependant Applications for work permits for spouses or dependants will not be considered for occupations listed as ineligible for work permits Rules Who can apply In order to be eligible to apply for a spousal/dependant work permit the following criteria must be met: (a) The spouse and the employment permit holder must be married and have a legally recognised marriage certificate. Spousal work permit arrangements apply only to spouses legally resident in Ireland who are married to each other. You cannot apply for a spousal work permit if you and your non-eea partner are unmarried. A dependant must be a family member who is unmarried and aged under 18 - see 'Dependants' below. 14

15 (b) The employment permit holder must have one of the following: A valid Green Card permit A valid work permit of 12 months or more duration where the first work permit application was received by the Employment Permits section before 1 June 2009 A valid employment permit or hosting agreement in respect of a researcher position A valid Intra-company transfer permit of 12 months or more duration where the first application was received by the Employment Permits section before 1 June 2009 A valid working visa or work authorisation issued before 31 December 2006 (c) The employment permit holder must still be working within the terms of his or her permit Applications for spouses or dependants living outside Ireland must go through the normal work permit procedures. The following employment permit arrangements apply to the spousal/dependant work permit: Either the employer or employee can apply for the work permit, based on an offer of employment. The work permit is granted to the employee and includes a statement of the employee's rights and entitlements A copy of the work permit is sent to the employer The employer is prohibited from deducting recruitment expenses from the employee's pay or retaining the employee's personal documents Job offer The spouse or dependant must have a job offer and must have the qualifications, skills and experience required for the job. They must be directly employed and paid by their employer in Ireland. Job offers from recruitment agencies and other intermediaries are not acceptable under the scheme. The employer must be trading in Ireland, registered with the Revenue Commissioners and with the Companies Registration Office. A work permit will not be issued to companies where the granting of the permit would mean that more than 50% of the employees would be non-eea nationals. 15

16 Dependants Dependant work permits are available only to dependent unmarried children aged under 18, who are resident in Ireland as family members of the employment permit holder. In exceptional cases work permits may be available to dependants aged over 18, who became legally resident in Ireland before the age of 18. Duration and renewal of work permit It is normally issued for the period up to the expiry date of the Garda National Immigration Bureau (GNIB) registration card of the employment permit holder. It can then be renewed - see 'How to apply' below. If you have completed 5 consecutive years work on an employment permit you will no longer need a permit to work in Ireland. You should contact your local immigration officer to change your immigration permission. Changing job Someone working on a spousal or dependant work permit is expected to stay with the original employer for 12 months (unless there are exceptional circumstances). After that it is possible to change job provided a new application for a spousal/dependant work permit is made. Rates For spouses or dependants of holders of work permits granted before 1 June 2009, there is no fee for spousal/dependant work permit applications or renewals. Spouses or dependants of those making a first work permit application on or after 1 June 2009 are not eligible to apply for a spousal/dependant work permit. They can apply for a standard work permit which includes the payment of a fee. 16

17 How to apply Either the employer or the employee can apply to the Employment Permits Section of the Department of Enterprise, Trade and Innovation for a spousal/dependant work permit using the new employment permit application form. Documents to be submitted with the application include: A letter confirming that the application is a spousal/dependant application Copies of the employment permit holder s passport, employment permit and GNIB registration card A letter from the employer of the employment permit holder confirming the job title, salary and length of time in the job. The spouses marriage certificate or the dependant s birth certificate If the work permit is for a dependant aged under 18, a letter confirming the employer will comply with the terms and conditions of the Protection of Young Person s Employment Act 1996 Renewal: either an employer or an employee can apply using the renewal form for a spousal/dependant work permit. When a work permit is issued to an eligible spouse or dependant he or she needs to reregister with the Garda National Immigration Bureau (if living in Dublin) or the local Garda District Headquarters (if living outside Dublin). This is in order to obtain permission to remain in the State as an employee. It is important to do this as otherwise the spouse or dependant will not have the correct immigration status. There is further information in the Department of Enterprise, Trade and Innovation s Guide to Work Permits for Spouses and Dependants of Employment Permit Holders Where to apply 17

18 Department of Enterprise, Trade and Innovation Employment Permits Section Davitt House 65a Adelaide Road Dublin 2 Country: IRELAND Opening Hours: Mon, Wed, Fri 9:30am pm Tel: Locall: Fax: Homepage: employmentpermits@deti.ie 3. Intra-Company Transfer (source Department of Enterprise, Trade and Innovation) This scheme is designed to facilitate the transfer of senior management, key personnel or trainees who are foreign nationals from an overseas branch of a multi-national corporation to its Irish branch. Criteria Earning a minimum annual salary of 40,000, and The Employee/transferee in question must have been working for a minimum period of 12 months with the overseas company prior to transfer The fees for an intra-company transfer permit are as follows: Permit Fee Duration New 500 Up to 6 months 18

19 New 1,000 Up to 2 years Renewal 1,500 Up to 3 years The fee for the GNIB Certificate of Registration is Work Permits (source Citizens Information Board) Work permit not necessary If you are a non-eea national you do not need a work permit if: You have permission to remain as the spouse or dependant of an Irish or EEA national except Bulgarian and Romanian nationals You are a Swiss national You have been granted refugee status - whether through the normal process or as a programme refugee You have been granted temporary leave to remain on humanitarian grounds, having been in the asylum process You have been granted leave to remain as the parent of an Irish citizen You have specific immigration permission to live and work in Ireland - see 'Renewal of work permits' above You have business permission to set up a business in Ireland You are a registered student You hold a work authorisation or working visa 19

20 Rules for Work Permits Work permits are issued by the Department of Enterprise, Trade and Innovation. Either the employer or the employee can apply for the permit which must be based on an offer of employment see 'How to apply' below. Applications for work permits fall into 2 categories as follows: (a) Jobs with an annual salary of 30,000 or more (b) Jobs with an annual salary of less than 30,000 - these are only considered in exceptional cases However applications for jobs in either category will not be considered if they are for occupations listed as ineligible Work permits - main features Work permits are available for occupations with an annual salary of 30,000 or more. Work permits for jobs with an annual salary below 30,000 will only be considered in exceptional cases Work permits will not be considered for occupations listed as ineligible for work permits. The work permit is granted for 2 years initially, and then for a further 3 years. After 5 years you may no longer need a work permit - see 'Renewal of work permits' below. A labour market needs test is required with all work permit applications Either the employer or employee can apply for the employment permit, based on an offer of employment It will be granted to the employee and will include a statement of the employee's rights and entitlements. The employer is prohibited from deducting recruitment expenses from the employee's pay or retaining the employee's personal documents 20

21 Changes to new work permit applications from 1 June 2009 There are changes to eligibility for work permits for those who are applying for a work permit for the first time on or after 1 June These changes do not apply to those who have already been granted a work permit or who apply for a work permit before 1 June In addition the changes do not apply to Romanian or Bulgarian nationals. The changes for new work permit applications received on or after 1 June 2009 include: Additional excluded categories: work riders (horse racing), domestic workers and HGV drivers no longer eligible for new applications for work permits - see below No work permits granted for jobs with salary of under 30,000 a year, (may be considered in exceptional cases) Labour market needs test changed to advertising with FÁS/EURES for 8 weeks and in national media for 6 days Spouses and dependants of new employment permit holders no longer exempt from labour markets needs test and fee Increased renewal fees for new work permit holders. Information In general, non-eea nationals must have a permit to work in Ireland. EEA and Swiss nationals do not need an employment permit, except for Bulgarian and Romanian nationals see below. Since 1 February 2007 there are a number of changes in relation to the application and granting of employment permits. Under the Employment Permits Act 2003 and the Employment Permits Act 2006 there are 4 types of employment permits: work permits, Green Card permits, spousal/dependant work permits and intra-company transfer permits. 21

22 Bulgarian and Romanian nationals Since 1 January 2007 nationals of Romania and Bulgaria are EU nationals but may still be required to have an employment permit for a continuous period of 12 months to work in Ireland. Applications for work permits for them will be given preference over those for non- EEA nationals. Romanian and Bulgarian nationals who have been resident in the State on a employment permit, expiring on or after 31 December 2006, for a continuous period of 12 months, are not required to have employment permits. The changes to rules for work permit applications on or after 1 June 2009 do not apply to Romanian or Bulgarian nationals. Job offer You must have the qualifications, skills and experience required for the job. You must be directly employed and paid by your employer. Work permit applications from recruitment agencies and other intermediaries are not acceptable under the scheme. The employer must be trading in Ireland, registered with the Revenue Commissioners and with the Companies Registration Office. A work permit will not be issued to companies where the granting of the permit would mean that more than 50% of the employees would be non-eea nationals. Labour market needs test A new application for a work permit must be accompanied by documentary evidence that a labour market needs test has been carried out. From 1 June 2009 the test requires that the vacancy must have been advertised with the FÁS/EURES employment network for 8 weeks (previously 4 weeks) and in local and national newspapers for 6 days (previously 3 days). This is to ensure that, in the first instance an EEA or Swiss national or in the second instance, a Bulgarian or Romanian national cannot be found to fill the vacancy. Occupations that are ineligible for work permits The Department of Enterprise, Trade and Innovation, following consultation with FÁS, has announced occupational sectors that are considered ineligible for work permits Since 16 April 2009 work permits are not available for the following occupations. 22

23 Clerical and administrative staff General operatives and labourers Operator and production staff Retail sales staff, sales representatives and supervisory or specialist sales staff Drivers - from 1 June 2009 this includes HGV drivers Nursery/crèche workers, child minders/nannies Hotel, tourism and catering staff except chefs The following craft workers and apprentice/trainee craft workers: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, fitters - construction plant, electricians, instrumentation craftspeople, fitters, tilers - floor/wall, mechanics - heavy vehicles, instrumentation craftspersons, metal fabricators, mechanics - motor, originators, painters and decorators, plumbers, printers, engineers - refrigeration, sheet metal workers, tool makers, vehicle body repairers, machinists - wood, plasterers and welders Domestic workers including carers in the home and childminders (for work permit applications received on or after 1 June 2009) Work riders -horseracing - (for work permit applications received on or after 1 June 2009) Rates The fee must be paid by the applicant. In some circumstances, the fee may be waived. Fees for first applications and renewals of work permits received before 1 June 2009 Duration of work permit Up to 6 months Amount months to 2 years 1,000 2 to 3 years 1,500 Unlimited (after 5 years) No fee 23

24 Fees for new applications for work permits received on or after 1 June 2009 Duration of work permit Up to 6 months Amount months to 2 years 1,000 Fees for renewals of new work permits received on or after 1 June 2009 Duration of renewal Up to 6 months Amount months to 2 years 1,500 2 to 3 years 2,250 Unlimited (after 5 years) No fee How to apply New applications for work permits can be made by the prospective employer or employee to the Employment Permits Section of the Department of Enterprise, Trade and Innovation. Applications must be made using the new employment permit application form. It must be accompanied by: Two recently taken passport-sized photographs of the proposed employee Documentary evidence that a labour market needs test has been undertaken Documentary evidence of the employee s certified qualifications. The appropriate fee Also: If the proposed employee is resident in Ireland, copies of all visas, residency stamps and GNIB Registration Card. If the proposed employee is not resident in Ireland, then he or she should apply for a visa see above 24

25 Renewal of work permits: either an employer or an employee can apply for a renewal using the renewal application form. If an employer applies for a work permit in respect of a former employee who has left the state, this will be considered a new application. There is further information in the Department's Guide to Work Permits. You should allow 2 to 3 months for a new application or renewal to be processed. Where to apply Department of Enterprise, Trade and Innovation Employment Permits Section Davitt House 65a Adelaide Road Dublin 2 IRELAND Opening Hours: Mon, Wed, Fri 9:30am pm Tel: Locall: Fax: Homepage: employmentpermits@deti.ie 25

26 Immigration: Long-term Residence Section Department of Justice and Law Reform Irish Naturalisation and Immigration Service 3rd Floor 13/14 Burgh Quay Dublin 2 IRELAND Opening Hours: Helpline: Mon, Fri 10am to 12.30pm Tel: +353 (0) Locall: Homepage: More information on visa application in Ireland available on More information on work permits available on Renewal of work permits If you are working on an existing work permit before 1 June 2009 you should continue to work until it expires. The list of ineligible categories applies only to new applications for work permits. Either you or your employer can apply for a renewal and a labour market needs test is not required. If you apply for a work permit for the first time on or after 1 June 2009, a labour market needs test is required both for the first application and the renewal. There is also a higher renewal fee - see 'Rates' below. A work permit is issued first for 2 years and then may be renewed for a further 3 years. From 28 August 2009 if you have worked for 5 consecutive years on a work permit you will no 26

27 longer need a permit to work in Ireland. When your stamp 1 permission is due for renewal your local immigration officer see Registration below will issue you with a stamp 4 immigration permission for one year which will allow you to take up any employment but not self-employment. When you have been legally living and working in Ireland for 5 years on a work permit you can apply for long-term residence to the Irish Naturalisation and Immigration Service (INIS) - see 'Where to apply' below. You may also apply for exemption from the requirement to have an employment permit. If your application is successful you will be granted extended residence permission for a further 5 years and you will not need a work permit to work in Ireland. Changing employment If this is your first work permit in Ireland you are expected to stay with your new employer for 12 months (apart from in exceptional circumstances). After that you may move to a new employer provided that a new application for a work permit has been made for a similar job or to another eligible employment sector. A labour market needs test is not required. Losing your job If you lose your job through redundancy you should notify the Department of Enterprise, Trade and Innovation. From 28 August 2009 there are new provisions for non-eea workers as follows: Work permit for 5 years: If you have been made redundant after working on a work permit for 5 consecutive years you will no longer need a permit to work in Ireland. You should apply to your local immigration officer - see 'Registration' below who will issue you with a stamp 4 immigration permission for one year. This permission may be renewed annually and it will allow you to take up any employment but not self-employment. Work permit for less than 5 years: The Department of Enterprise, Trade and Innovation will allow you a period of 6 months (was 3 months) to find another job. When you find another job you have to apply for a new work 27

28 permit but a labour market needs test is not required. If you were made redundant from a job which is on the list of ineligible categories you may apply for a new work permit for a job on that ineligible list. You should contact your local immigration officer to confirm your immigration status see 'Registration' below. If you have more than 6 months before your immigration permission expires, you can reside in Ireland under your stamp 1 permission for a further 6 months. If you have less than 6 months' immigration permission you can have your immigration permission extended to 6 months which means you will have to pay 150 for a new GNIB card. If you have not found a new job after 6 months you will be expected to leave Ireland. If you then get an offer of employment in Ireland you may apply for a new work permit. Short-time working: if you have been put on short-time working while on a work permit you may apply to have your work permit renewed. Visas If you are a national who requires a visa, this is still a requirement even if you do not need a work permit. You should obtain a visa before travelling to Ireland. Your nearest Irish embassy or consulate will be able to advise on whether you require a travel visa. Registration and permission to remain Non-EEA nationals (with the exception of Switzerland) must register with the local immigration officer in the area where they intend to live when they arrive in the State. In Dublin the registration is done at the Garda National Immigration Bureau. Outside Dublin you may register at your local Garda District Headquarters. When you have been legally living and working in Ireland for 5 consecutive years on a work permit you will no longer need a work permit - see 'Renewal of work permits' above. You can also apply for long-term residence to the Irish Naturalisation and Immigration Service (INIS). Undocumented workers: If your work permit is no longer valid through no fault of your own, because of your employer's action or inaction, and if you no longer have permission to remain, there is a scheme for certain undocumented non-eea workers. The scheme closed 28

29 on 31 December If you are successful you will be given a temporary residence permission of 4 months. You can find the application form and further details of the undocumented workers scheme on the INIS website. Dependants You may be able to bring your family to live here after you have been legally working here for a year on a work permit. You also have to be able to show that you will be able to support them. In practice, you need to be earning an income above the limits for Family Income Supplement. If you applied for your work permit before 1 June 2009 your spouse and dependants aged under 18 may apply for a spousal/dependant work permit once they are legally resident in Ireland on the basis of being your spouse or dependant. If you applied for a work permit after 1 June 2009, they are not eligible to apply for a spousal/dependant work permit but may apply for a work permit in their own right. They may require visas to come to Ireland and there are INIS guidelines about family reunification for workers. 5. Coming to set up a business in Ireland (source Citizens Information Board) Information If you are an EEA or Swiss national you are entitled to come and work in Ireland either as an employed or a self-employed person. EEA and Swiss nationals do not require a business permission to establish a business in Ireland and they do not require a visa to visit, travel to, live or work in Ireland. Non-EEA nationals can establish a business in Ireland but they require permission to do so. Information and supports If you are coming from outside Ireland to set up a business you will need information on a number of topics such as tax and legal requirements. You can find information about starting a business and being self-employed on this website, including details of legal structures and 29

30 potential liabilities. The guide to self-employment, Toil and Trouble, is available on the Department of Social Protection website. City and County Enterprise Boards provide supports such as advice and grants to local businesses that are starting up or developing. IDA (Irish Development Authority) Ireland is an Irish Government agency with responsibility for securing new investment from overseas in manufacturing and internationally traded services sectors. It can provide information about setting up a business in Ireland and may provide grants to companies wishing to locate in Ireland or expand their existing operations in Ireland. Business permission A business permission is a written permission from the Minister for Justice and Law Reform that allows you to establish and engage in a business in Ireland for a certain period. You have to meet certain criteria to apply for a business permission. The main requirements are that you must have 300,000 to invest in the business and you must create employment see Rules below. If your application is successful you will receive a letter granting you business permission. Usually, a business permission is granted for 1 year initially. Exemptions The following non-eea nationals do not require business permission: People who have been granted refugee status Dependent relatives of EEA nationals exercising their right to live in Ireland Spouses of Irish nationals who have permission to remain in Ireland People granted leave to remain as the parent of an Irish-born child People granted humanitarian leave to remain Permission to live in Ireland 30

31 Non-EEA nationals who are granted a business permission are entitled to live in Ireland for the duration of the business permission. The letter granting you business permission should be included with your visa application if you need a visa to enter Ireland. You should also present this letter to an immigration officer when you are requesting permission to land in Ireland. Once you are in Ireland you should register with the immigration authorities. Rules If you are a non-eea national applying for a business permission to start a business in Ireland, you must meet the following strict criteria: You must have at least 300,000 of your own money to invest in business in Ireland. Your business must create employment for at least 2 Irish or EEA/Swiss nationals or at least maintain employment in an existing business Your business must add to the commercial activity and competitiveness of the State Your business must be a viable trading concern and provide you with sufficient income to maintain and accommodate yourself and any dependants without resorting to social assistance or paid employment for which a work permit would be required Artists and writers Artists, writers or crafts people do not have to meet the capital and employment requirements. However they must show that they are well known in their field and that they can support themselves without the need for other employment or social assistance. In these cases they should contact the Department of Justice and Law Reform separately. How to apply You apply for business permission to the Business Permission Unit of the Immigration Division of the Irish Naturalisation and Immigration Service. You must include the following documents: Your valid passport or national identity document Your registration certificate if you are already residing in the State 31

32 A statement of character from the police authorities of each country in which you have resided for more than 6 months during the previous 10 year period A business plan which addresses the above criteria for a business permission. The plan should be endorsed by a firm of accountants or other relevant professionals. Details of your skills and qualifications to undertake this business References from previous employers Original documents from your financial institution confirming you have at least 300,000 to invest in the business Details of where the business will operate. There is detailed information on business permission available on the website of the Irish Naturalisation and Immigration Service (INIS). Contact the Companies Registration Office to register your business. You can register and file your documents such as your annual returns online with CRO using CORE (Companies Online Registration Environment). You can contact your local City or County Enterprise Board to find out the supports available for setting up a business in Ireland. You can find out about registering for tax from your local tax office. Where to apply Business Permission Unit Immigration Services Section Irish Naturalisation and Immigration Service 1st Floor, Burgh Quay Dublin 2 IRELAND Homepage: INISbperm@justice.ie 32

33 Companies Registration Office Parnell House 14 Parnell Square Dublin 1 IRELAND Tel: +353 (0) Locall: Fax: +353 (0) Homepage: info@cro.ie 6. International Students (source Citizens Information Board) It is a primary condition of entry into the state for students that they are in a position to maintain themselves while studying here. From 18 April 2005 new students given permission to remain in Ireland for study will not be given permission to work (defined as up to 20 hours part-time work per week or full-time work during holiday periods) unless they are attending a full-time course of at least a year leading to a recognised qualification. There is a list of recognised courses on the Department of Education and Skills website. Students who had permission to remain on 18 April 2005 can continue to work part-time and study in Ireland for the remaining period of their visa. From 10 April 2007 non-eea students who have graduated on or after 1 January 2007 with a primary, master's or doctorate degree may be permitted to remain in Ireland for 6 months. The degree must be from an Irish third-level educational institution. The Third Level Graduate Scheme will allow them to find employment and apply for a work permit or Green Card permit. During this 6-month period they may work full time. They must be legally 33

34 resident in Ireland and should apply for this extension of their student permission (stamp 2) to their local immigration registration office. 7. Other categories (source Citizens Information Board) There are special arrangements for work permit applications for sports professionals (players only), nurses and doctors From 6 June 2006 a person on a working holiday authorisation can no longer transfer over to a work permit Apart from some long-standing asylum seekers, people applying for refugee status in Ireland are not entitled to work at all The Department of Enterprise, Trade and Innovation, the Department of Health and Children, the Health Service Executive and The Irish Naturalisation and Immigration Service have agreed revised arrangements regarding employment permits for non-eea doctors who are recruited to the Irish Public HealthService. The arrangements will be subject to review in 12 months time. From 21 st June 2010 the following arrangements will apply depending on the doctor's registration with the Irish Medicial Council as follows:- - Trainee Specialist Division - Internship Registration: Employment Permit is required from the Department of Enterprise, Trade and Innovation. - Other doctors in Trainee Specialist Division do not require an Employment Permit. - General Division - Non-EEA non-consultant Hospital Doctors with a job offer as a Senior House Officer or Registrar in the Public Health Service do not require a work permit. 34