General Employment Permit Ireland Work Visa

General Employment Permit Information Guide

  • The General Employment Permit is a good option as it facilitates a work permit application for a wide range of different job categories.
  • Sometimes it is described as a general work permit or a general work visa.
  • All job categories are eligible unless excluded under the Ineligible List of Occupations for Employment Permits. This means you can apply for a General Employment Permit if the job is not listed on the ineligible jobs list. This list is reviewed and updated from time to time in line with the labour market needs of the Irish economy. We can advise if the job that you have been offered is not in an excluded job category. The Ineligible Jobs List is available here
  • The main attraction of the General Employment Permit for prospective candidates is that it permits a work permit application for a broader range of job categories than the other types of employment permits, such as the Critical Skills Employment Permit for example.
  • The prospective employee must demonstrate that they have relevant qualifications, skills or experience that are required for the employment.
  • Salary eligibility: Minimum annual remuneration is generally €30,000. There are exceptions where the minimum annual remuneration are €27,000 and €27,500:
  1. €27,000 in respect of a non-EEA student – who has graduated in the last 12 months, from an Irish third level institution, and has been offered a graduate position from the Critical Skills Occupations List (the minimum annual remuneration must be €30,000 at renewal stage)
  2. €27,000 in respect of a non-EEA student – who has graduated in the last 12 months, from an overseas third level institution, and has been offered a graduate position as an ICT professional from the Critical Skills Occupations List (the minimum annual remuneration must be €30,000 at renewal stage)
  • €27,000 in respect of an employment which requires a person fluent in the official language of a state which is not a Member State of the EEA, where the employment is supported by an enterprise development agency and the employment is in (a) a customer service and sales role with relevant product knowledge, (b) a specialist online digital marketing and sales role, or (c) a specialist language support and technical sales support role
  1. €27,500 in respect of an employment as a boner (meat)
  • A Labour Market Needs Test is required in most cases. It means that the employer must advertise the vacancy prior to submitting the application:
  1. with the Jobs Ireland Website for at least 4 weeks
  2. in a national newspaper for at least 3 days
  • in either a local newspaper or jobs website (separate to the Jobs Ireland website) for 3 days
  • The advertisement must include: a description of the employment, the name of the employer, the minimum annual remuneration, the location/s of employment, and the hours of work.
  • We can advise on the advertisements and compliance with the Labour Market Needs Test. Failing to meet the requirements of the Labour Market Needs Test results in the General Employment Permit application being refused. This is a common refusal reason in practice as due to a lack of experience with the employment permits system proper care is often not taken in drafting the advertisements.
  • However, the Labour Market Needs Test is not required in the following circumstances: (a) where the job is an occupation included on the Critical Skills Occupations List, (b) where the job offer is in respect of an eligible employment with a minimum annual remuneration of €64,000, but please note that employment permits cannot be issued in respect of employments, irrespective of remuneration, on the Ineligible List of Occupations for Employment Permits, (c) where a recommendation from Enterprise Ireland or IDA Ireland has been made in relation to the job offer (this applies to client companies of Enterprise Ireland or IDA Ireland only), (d) 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, (e) in the case of a General Employment Permit application, where the job is offered to a non-EEA national who held a General Employment Permit or a Work Permit Employment Permit and who, on a date after 1st October 2014, was made redundant and the redundancy occurred within the previous 6 months (This waiver only applies where the Department has been notified of the redundancy within four weeks of the date of dismissal).
  • The 50:50 rule must be observed in most cases. It means that on the date of application that at least 50% of the employees must be EEA nationals. The 50:50 rule is waived in the following circumstances: (a) Start-up companies – the employer must be registered with Revenue as an employer within last two years, and the employer must have a letter of support from either Enterprise Ireland or IDA Ireland (this applies to client companies of Enterprise Ireland or IDA Ireland only). Renewals of employment permits will require the employer to have met 50:50 rule. If not, then a one year employment permit may be provided in circumstances where the employer can demonstrate significant progress towards achieving 50% (this reduces the prospect of a company having to let people go to meet 50:50 target at early stage of company’s business). Such renewals must also have a letter of support from Enterprise Ireland or the IDA. The 50:50 rule will have to be achieved at the end of that one year renewal period, (b) Employment permits in force at time of commencement of the 2014 Act, (c) Where on the day on which the application is made the employer has no employees; the foreign national will be the sole employee; and the Minister is satisfied that having regard to the employment in respect of which the application is made, the foreign national concerned will be the sole employee of the employer. The exception to the 50:50 Rule will also apply at renewal provided the permit holder remains a sole employee. An employment permit for a carer in a private home is a good example of this exception.
  • General Employment Permit holders can not apply immediately for family reunification. In general a waiting period of one year applies before the spouse of a General Employment Permit holder can apply for immigration permission on Stamp 3 conditions.
  • The General Employment Permit application can be made online.
  • A General Employment Permit can be issued for an initial period of two years and can then be renewed for up to a further three years after which it is envisaged that a holder would apply for long-term residency on stamp 4 conditions from the Department of Justice and Equality.
  • An applicant can apply for an employment permit if they are residing in Ireland and have a valid immigration permission at the time of application, or alternatively a person can apply for an employment permit if they have a suitable job offer and they are residing outside Ireland. We can advise and assist if a person has problems with their immigration permission and needs to apply for a temporary extension of their immigration permission to apply for an employment permit.

Please contact our firm if you require professional advice – our firm can offer a full service to act as your legal representative and prepare and manage your general employment permit application from start to finish – send an email to [email protected] or call/message 0868561017 to make a consultation appointment or obtain further information.

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Critical Skills Employment Permit Information Guide

  • The Critical Skills Employment Permit is aimed at highly skilled persons in areas of employment where there is a shortage of supply of persons with the necessary qualifications and experience
  • Eligibility: there are two possible ways to apply for a critical skills employment permit:

Option 1: Occupations with a minimum annual remuneration of €30,000 for specific occupations listed in the Highly Skilled Eligible Occupations List. This list is reviewed and updated from time to time in line with the prevailing labour market needs of the Irish economy. In this category a relevant degree qualification or higher is required in order to be eligible to apply.

Option 2: All occupations with a minimum annual remuneration of over €60,000, other than those listed on the Ineligible Categories of Employment for Employment Permits List or which are contrary to the public interest. Under this category a non-EEA national who does not have a degree qualification or higher must demonstrate that they have the necessary level of experience.

  • In relation to both options 1 and 2 above the “50/50 rule” applies: an employment permit will not be granted to companies unless 50% or more of the employees in the company are EEA nationals at the time of application. However, this restriction may be waived in respect of start-up companies within 2 years of their establishment (i.e. registered as an employer with Revenue) and which are supported by the enterprise development agencies, Enterprise Ireland or IDA Ireland  (this applies to client companies of Enterprise Ireland or IDA Ireland only).
  • The Highly Skilled Eligible Occupations List covers a wide range of areas including IT Tech jobs, engineering, scientists, health professionals and medical practitioners (doctors/nurses/midwives), teaching and educational professionals, business research and administrative professionals (includes certain accountancy and tax consultancy roles),certain sales, marketing and related associate professionals with an international/Non-EEA dimension or Non-EEA language requirement
  • The main advantages of Critical Skills Work Permits over other types of work permits include:
  1. The application process is more straightforward and costs less – for example there is no requirement to place advertisements on websites and in newspapers
  2. Critical Skills Work Permit holders can apply immediately for family reunification which permits a dependent, a partner or a spouse to reside in Ireland and work in Ireland pursuant to a Dependant/Partner/Spouse Employment Permit which is issued free of charge
  3. Prior to the expiry of the critical skills employment permit the holder can apply for a support letter to apply for a Stamp 4 permission to remain in Ireland which permits that person to continue to reside and work in Ireland without having to a apply for a work permit
  • Duration: Critical Skills Work Permits are issued for 2 years

Note that the non-EEA national is ordinarily expected to stay with the initial employer for a minimum period of 12 months. A new employment permit (for a different employer) will not normally be considered if less than 12 months has elapsed since the permit holder first commenced employment in the State pursuant to an employment permit. The rationale for this requirement put forward by the Department of Jobs, Business, Enterprise and Innovation is to strike a reasonable balance between, on the one hand, the employer’s expectations that the non-EEA national remain in his or her employment for a reasonable period of time given the potential costs involved in recruiting that foreign national and, on the other hand, not unduly binding the non-EEA national to the employer.  Where the Non-EEA national is made redundant or circumstances (unforeseen at time of application) arise that fundamentally change the employment relationship the Department may permit a Critical Skills Employment holder to change employer

  • An applicant can apply for an employment permit if they are residing in Ireland and have a valid immigration permission at the time of application, or alternatively a person can apply for an employment permit if they have a suitable job offer and they are residing outside Ireland.

Please contact our firm if you require professional advice – our firm can act as your agent and prepare and manage your employment permit application from start to finish – send an email to [email protected] or call/message 0868561017 to make a consultation appointment or obtain further information in relation to our services in Irish Immigration Law and Work Permits in Ireland

 

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Irish Immigration Law – De Facto Relationship Application Update

This Irish Immigration Law update provides information in relation to applications by non-EEA nationals for residence permission on the basis of a De Facto Partnership with an Irish national, or a legal resident in Ireland on a Stamp 1, 4 or 5 permission to reside in Ireland

  • On 31 August 2017 the immigration authorities in Ireland increased the cohabitation requirement from 12 months to 24 months in relation to De Facto Partnership Immigration Permission Applications in cases where the sponsor is an Irish national or a person legally residing in Ireland on a Stamp 1, 4 or 5 permission.
  • The cohabitation requirement had been reduced from 24 months to 12 months earlier this year but a policy decision has been made to restore the 24 month cohabitation requirement for De Facto Partnership Immigration Permission Applications
  • The change in policy comes into force with immediate effect from 31 August 2017 and the new application form on the INIS website now has a publication date of 1st September 2017 reflecting the change in the cohabitation requirement to 24 months
  • Under the new policy De Facto Partnership Immigration Permission Applications require that the couple provide dated documentary evidence of cohabitation for at least the preceding two years immediately prior to the date of application.
  • Please contact our firm if you require advice or assistance with the preparation of your De Facto Partnership Immigration Permission Application – send an email to [email protected] or call/message 0868561017 to make an appointment for a consultation in Dublin City Centre

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Residence Permission for De Facto Partnerships

This Immigration Law update provides information in relation to applications by non-EEA nationals for residence permission on the basis of a De Facto Partnership with an Irish national, or a legal resident in Ireland on a Stamp 1, 4 or 5

  • A non-EEA national may apply if they have been living together with their Irish citizen or Irish resident partner for a period of at least 24 months and are in a serious long term relationship similar to marriage or civil partnership. The period of required cohabitation has been recently increased from 12 months to 24 months
  • In considering applications regard will be had to any criminal convictions or criminal proceedings pending against an applicant and an applicant is required to submit a Police Clearance for any country in which they have resided in the 5 years preceding the application date. In general, clients are expected to be of good character and in compliance with Irish law
  • The Non- EEA Applicant and the Sponsor should be able to support themselves and any dependents without assistance from public funds
  • The current activity of the Irish citizen or Irish resident sponsor is important and the sponsor will need to indicate whether they are (a) employed (b) self-employed (c) studying (d) involuntarily unemployed (e) residing with sufficient resources to avoid a situation where the Non-EEA national applicant might become an undue financial burden on the State. Assertions as to the current activity of the sponsor will need to be supported by supporting documentation specified in the application form
  • Both opposite sex and same sex partners may apply
  • If the Non-EEA applicant has dependent children who intend to reside in Ireland it will be necessary to submit the required supporting documentation
  • To be eligible to apply the Non-EEA national must be legally resident in the State.
  • Applications for a Residence Permission for a De Facto Partner are made on an application form available on the Irish Naturalisation & Immigration Service website
  • If you are not able to provide any information or documentation that is requested in the application form it is necessary to provide an explanation providing reasons for this
  • It is a strict requirement that the Statutory Declarations are validly completed and then signed before a solicitor, commissioner of oaths or a peace commissioner. A person who intentionally makes a false statement in a Statutory Declaration is guilty of a criminal offence. There are three different statutory declarations to be completed:

(1) Statutory Declaration of the Non-EEA National Applicant

(2) Statutory Declaration of the Irish National or Irish Resident Sponsor

(3) Statutory Declaration of a Supporting Witness attesting that they personally know both the applicant and the sponsor and stating that they believe the relationship is genuine and continuing.

  • Supporting documentation that must be submitted with an application includes
  • Evidence of Identity (copies of passports)
  • Evidence of relationship of applicant with sponsor – evidence of cohabitation, evidence of financial inter-dependence (ex. Joint account/purchases), financial statements from previous 6 months, evidence of contact (ex. emails/facebook), detailed relationship history including evidence of time spent together (ex. photographs/air tickets)
  • Dated documentary evidence of residence in the State showing that the couple have been cohabiting together for at least 12 months
  • Evidence of current activity of Irish national or Irish resident sponsor
  • It has been indicated that a decision will be taken on the application no later than 6 months from the date of receipt of a fully completed application form and the relevant supporting documentation
  • During the period that the application is being processed the responsibility is with the Non-EEA applicant to ensure that their permission to remain in the State is valid at all times. The De Facto Partnership Unit may consider applications to provide temporary permission (Stamp 3) to remain during the application process
  • In some cases a decision may be made to interview both the Applicant and the Sponsor
  • Please note that different rules and procedures apply where the Non-EEA national’s application is based on a De Facto Partnership with an EU Citizen – in these cases EU Treaty Rights apply and a person should make their application on a different application form available on the EU Treaty Rights section of the Irish Naturalisation and Immigration Service website
  • Detailed information in relation to Ireland’s immigration policy in this area is set out in the INIS “Policy Document on Non-EEA Family Reunification” available on the INIS website

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Long Term Residency Application

 

 

  • Persons who have been legally resident in the State on Stamp 1 and/or Stamp 4 conditions for a minimum of five years on the basis of work permit/work authorisation/working visa conditions may apply for a five year long term residency permission. Your permission to remain in the State must be up to date when you apply and you must be in gainful employment when you apply and during and after the application process.
  • A successful long term residency applicant will be granted Permission to Remain on Stamp 4 conditions which is valid for 5 years.
  • Applications can also be made for long term residency from Spouses/Dependants of persons already granted Long Term Residency on Stamp 4 conditions. To apply for Long term residency as a spouse/dependant, the applicant spouse/dependent must be legally resident in the State as a spouse/dependant for the required five year period prior to the date of application. Successful applications from those who apply as a spouse/dependant will be granted Permission to Remain on Stamp 3 conditions. Note that Stamp 3 permission does not permit the spouse/dependant(s) to work in the State without a valid employment permit.
  • Applications are made in writing to the Long Term Residency Division of the Irish Naturalisation and Immigration Service and must include a covering letter and the following supporting documentation:
  1. Copy of applicant’s work permits.
  1. Copy of applicant’s Certificate of Registration from Garda National Immigration Bureau (i.e. GNIB Card).
  1. Clear and legible copy (or copies) of applicant’s passport(s) including all endorsements. (In the event that your passport has expired since arriving in the State, the applicant must submit copies of all stamped passports containing GNIB endorsements).

Please contact our firm if you require advice or assistance with the preparation of your long term residency application – send an email to [email protected] or call/message 0868561017 to make an appointment for a consultation in Dublin City Centre

 

Travel Document Applications Update

  • Applications for Travel Documents can be made by submitting the “Travel Document Application Form” (published January 2017) and any supporting documentation to the Travel Document Section of the Irish Naturalisation and Immigration Service by post.
  • Travel Documents can be applied for in the following circumstances:
    1. Refugee under the International Protection Act 2015 (Refugee Document)
    2. Subsidiary Protection under the International Protection Act 2015. A Travel Document will only issue where a person is unable to obtain a national passport.
    3. Programme Refugee under Section 59 of the International Protection Act 2015.
    4. Family member of a person granted permission to remain in the State as a Refugee, Programme refugee or Subsidiary Protection
    5. Temporary Travel Document may be issued to a person in exceptional circumstances only, usually for the purpose of seeking urgent medical treatment or other humanitarian reasons, to a person who is currently resident in Ireland, and does not hold a national passport.
    6. Replacement Travel Document for Lost or Stolen Travel Document/Passport
  • If the application form is incomplete or if all legal requirements are not correctly complied with or if you do not submit all of the required documentation your application will not be processed and will be returned.

Please contact our firm if you require advice or assistance with the preparation of your travel document application – send an email to [email protected] or call/message 0868561017 to make an appointment for a consultation in Dublin City Centre