How Can You Change Employers with an Ireland Work Visa from Nigeria?

Do You Want to Change Your Irish Employer?

If you want to change your Irish employer, IAS can help. At IAS, our immigration lawyers have helped many Nigerian citizens switch their Irish employers smoothly. We can assess your situation, determine your eligibility to change employers and ensure you adhere to the permissible timeline.

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Understanding the Ireland Work Visa and Employment Permits

The Ireland Work Visa and employment permits allow non-EU/EEA citizens, including Nigerians, to enter, live and work in Ireland. An Ireland Work Visa, also known as an Employment Visa, is a Long-stay visa that allows non-EU/EEA nationals to enter Ireland for work purposes and remain for more than 3 months.

Ireland Employment Permit allows non-EU/EEA nationals to work in Ireland. Before applying for an Irish Work Visa, all non-EU/EEA applicants must obtain an Irish Employment Permit from the Department of Enterprise, Trade and Employment (DETE).

The General Employment Permit is designed for skilled workers outside the EU/EEA. There’s no general work permit Ireland list. Therefore, the General Employment Permit allows Nigerian nationals to work in specific sectors in Ireland, as long as the position they apply for is not on the Ineligible List of Occupations.

The Critical Skills Employment Permit lets highly qualified Nigerian citizens take roles under the Critical Skills Occupation List.

Other Employment Permits in Ireland include:

• Dependent, Partner, Spouse Employment Permit
• Contract for Service Employment Permit
• Exchange Agreement Employment Permit
• Reactivation Employment Permit
• Intra-Company Transfer Employment Permit
• Seasonal Employment Permit (to begin in early 2025)
• Sport and Cultural Employment Permit
• Hosting Agreement for Academic Researchers
• Internship Employment Permit

Can You Change Employers with an Ireland Work Visa?

You can change employers with an Ireland Work Visa if you hold a General or Critical Skills Employment Permit. If you are a Nigerian citizen holding a General Employment Permit, you can apply to change your Irish employer within the type of employment for which you were issued a permit. Also, your new role must be the same as the initial one for which you received a permit. For instance, if you’re a home care assistant, you can only move to another home care assistant role.

The General Employment Permit is typically identified by its 4-digit Standard Occupational Classification (SOC) code. If you hold a Critical Skills Employment Permit, you can change Irish employers for a broader range of jobs. It must be within the same category of work (such as various engineering positions within the 3-digit SOC code of the Critical Skills Employment Permit Ireland).

Steps to Change Employers on a General Employment Permit

Nigerian nationals must comply with permit guidelines and Irish employment regulations while changing employers on a General Employment Permit in Ireland. Here is a guide tailored for Nigerian citizens holding an Irish General Employment Permit seeking to change employers:

Step 1: Notify Your Current Employer

Before initiating the process, it’s essential to inform your current employer of your intention to leave. Ensure you comply with any contractual obligations, including your notice period, indicated in your employment contract. Adhering to the notice period helps maintain a positive record, which can be valuable in future employment or immigration processes.

Step 2: Secure a New Job Offer

Nigerian citizens must obtain a new job offer from an eligible Irish employer to change employers. Your new job must meet the requirements of the General Employment Permit, including the eligibility of the occupation, salary threshold, and full-time employment status. Ensure that your prospective employer understands the requirements and is prepared to support your permit application.

Step 3: Apply for a New General Employment Permit or Request a Transfer of an Existing One

As of September 2, 2024, you can change employers without applying for a new permit if you have worked for your current employer for up to 9 months. Your new role must be within the occupation or occupational classification as the initial permit.

You must sign a new contract with your new employer and submit it with your application. Unique cases such as major changes to your employment circumstances, exploitation or redundancy, may qualify you to apply for an employment permit for a different job in the first 9 months.

Step 4: Submit Required Documents

You must prepare all the required documents to change an employer in Ireland. The documents you must provide depend on your situation, and can include:

• A completed and signed application form
• A signed employment contract with the new employer, which can include your job description and salary details
• Your Irish residence permit details
• A copy of your passport
• Your passport-size photographs
• The Revenue Commissioners’ statement indicating your employer’s monthly statutory returns for the past 3 months
• A copy of your current immigration stamp
• The name, position, phone number and email address of a contact person at the new company

Step 5: Await Approval and Continuing Employment Legally Under the Permit

Once you have applied, await its approval from Irish Employment Permit from the Department of Enterprise, Trade and Employment (DETE). At this point, you must be compliant with all immigration and employment regulations.

You should continue working for your current employer until the change of employer process is completed. Failure to do this can result in improper documentation affecting your legal work status.

Don’t start working for your new employer until you receive a current employment permit. You can start working for your new employer within the first month of receiving an updated employment permit.

Eligibility Criteria for Changing Employers on a General Employment Permit

Changing employers in Ireland on a General Employment Permit requires meeting specific eligibility criteria. Here are the key requirements for Nigerian citizens looking to make this transition:

Minimum Job Offer Requirements

The new job must:

• Meet the salary requirements the permit allows. For instance, the General Employment Permit has a yearly minimum salary requirement of up to €34,000 unless:
  • You’re employed as a horticultural or meat processing operative, with a minimum hourly rate of €14.79 and an annual salary of €30,000
  • You’re employed as a home carer or healthcare assistant earning €27,000
• Align with your skills and qualifications. As such, jobs in the Ineligible List of Occupations for Employment Permit don’t qualify
• Be a full-time role with a minimum of 39 hours per week, ensuring you comply with the employment permit guidelines

Employer Registration and Compliance

Your new employer must be registered with Ireland’s Revenue Commissioners and adhere to Irish employment law. Your Irish employer is not required to conduct a labour market needs test as you’re not requesting a new permit but just changing employer. Your new employer must be willing to provide the necessary documentation, including the signed contract and job description.

Sectors in Demand and Job Shortages

If you hold a General Employment Permit, the job from your new employer can come from any occupation except the ones on the Ineligible List of Occupations. There must also be skill shortages in that sector.

Common Challenges When Changing Employers with a Work Visa

Nigerian nationals seeking to change employers with an Irish employment permit may experience specific challenges. Here are some of the most common issues and ways you can address them:

Processing Delays and Employment Gaps

Switching employers may take several weeks to process. During this time, employment disruption might occur if the relationship with your employer ends before receiving your updated employment permit.

You should start the application process early while still employed by your current employer. Also, ensure that all required documents are complete to avoid processing delays.

Employer Refusal to Provide Documentation

Your current employer may withhold crucial documentation required for a smooth transition, such as a non-objection letter or proof of previous employment. This can delay the application or make it more difficult to demonstrate compliance with permit conditions.

To avoid this, you should communicate openly with your current employer about your plans to leave. If necessary, seek advice from the Workplace Relations Commission or legal assistance to resolve disputes.

Risks of Visa Invalidation

If the application for an updated employment permit is not approved, your permission to work in Ireland may be invalidated. This risk might be more severe if your permit is tied to your employer and the employment relationship ends prematurely.

To avoid this risk, ensure your employer meets all eligibility criteria. Your employer must provide complete documentation for the application to increase your application’s chance of approval. Also, don’t terminate your current employment until you receive your updated employment permit.

How Long Does It Take to Change Employers?

You must wait at least 9 months after starting your initial employment before changing employers in Ireland. The only exception is if circumstances change your employment relationship with your employer within the first 9 months of working in Ireland. This can qualify you to seek a new permit. It takes an average of 4 to 5 weeks to obtain a new employment permit in Ireland.

This includes a General Employment Permit for a different job to change your Irish employer within the first 9 months of working in Ireland. The factors determining the processing time of employment permits in Ireland include the number of applications the Department of Enterprise, Trade and Employment (DETE) received and the applicants’ circumstances.

Managing Employment Transition to Avoid Employment Gaps

You must remain employed with your current employer until the updated employment permit is approved. This helps you avoid overstaying or losing your legal status in Ireland. You should liaise with your new employer to expedite the application process and avert employment gaps.

Assemble all required documents, such as your employment contract, salary details and proof of qualifications, promptly to minimise delays. Your employer should also meet compliance requirements to avoid setbacks in the transition process.

How Can IAS Help?

IAS offers tailored solutions to help Nigerian nationals in Ireland change employers in compliance with the Irish immigration laws. Changing employers under a General Employment Permit or similar permits can be complex, but our immigration lawyers can guide you to ensure a smooth transition. We offer:

Legal Advice and Consultation

Our immigration lawyers can help you analyse the legal framework for changing employers in Ireland. We can ensure you comply with Irish immigration laws, eligibility criteria and permit conditions.

Assistance with Documentation

Documentation is crucial when applying to change employers in Ireland. At IAS, our immigration lawyers can review your employment contract, job descriptions, and salary details to ensure they meet your permit requirements. We can also assist you in gathering all required documents, such as your proof of qualifications and employer registration. We can also guarantee that all forms and supporting documents are accurately completed to avoid delays.

Representation During the Application Process

If issues arise during the application process, we can represent you and resolve disputes with employers or address errors in the application. We can represent you should your current employer withhold necessary documentation. Our immigration lawyers can expedite your application and handle appeals in case of refusals.

Ensure Compliance with Irish Immigration Laws

IAS ensures that your change of employer complies with Irish immigration legal requirements. We can help you stay legally employed while awaiting your updated employment permit and avoid overstaying issues.

If you need guidance on changing your employer, and updating your work permit in Ireland or any clarification about Irish work permits, IAS can help. We can assist you in resolving all your Irish immigration issues. Call us today at +2342013306361 or chat online for immediate assistance.