General Employment Permit Ireland

The Irish General Employment Permit is an atypical work scheme for immigration purposes: a vehicle used by the Irish government in order to encourage nationals from other countries to take up occupations in Ireland that are experiencing a skills shortage and need extra help. The Irish General Employment Permit replaces the previous Work Permit Employment Permit, but differ from the Irish Critical Skills Employment Permits.

General Employment Permits are mainly attractive to those who want to work in Ireland but don’t fit the niche of a specific employed role that fits within the eligibility criteria of other Irish work or employment permits (with the exception of a small list of ineligible occupations).

Both foreign nationals and prospective employers can apply for an Irish General Employment Permit and where granted, a copy is sent to each with immediately effective power unless otherwise specified.

Page Contents

• What is the Irish General Employment Permit?
• Criteria for eligibility for the Irish General Employment Permit
• Documents required for General Employment Permit
• General Employment Permit application process
• Holders of Work Permit Employment Permits or General Employment Permits for 5 years or more
• Process for obtaining Irish residency
• Incurring a change of circumstances when working under a General Employment Permit
• Cancellation of Employment Permits
• Immigration and Registration
• General Employment Permit application fees
  
• Ireland General Employment Permit average processing time
• Bringing family members to Ireland on a General Employment Permit
• The Labour Market Needs Test
• How Can IAS Help?
• Frequently Asked Questions

There are numerous documents required for inclusion with an Irish General Employment Permit application. Exactly what should be included is dependent on the individual circumstances of the individual and the prospective employer, but can include:

• A copy of the applicants passport
• A passport-sized photo of the applicant (in line with Ireland’s passport photo requirements, if not those of the nationals’ existing residence)
• A copy of the work contract signed by the employee and employer
• A copy of any existing Irish immigration stamp or visa
• A copy of the AWS permission letter if the applicant is already employed under the Atypical Working Scheme
• Details of a dedicated contact person working for the employer
• The relevant registration/pin or licence number of the employer issued by the relevant regulatory body
• A copy of the company’s letter of support from Enterprise Ireland or IDA Ireland, if appropriate as a start-up
• Details of any previous Irish visas received or rejected by the applicant
• Proof that the employer advertised the role the applicant will be taking in the Department of Social Protection Employment Services and/or the EURES Employment Network, and that the advert ran for a minimum period of a fortnight
• Proof that the employer advertised the role the applicant will be taking in a national newspaper for a minimum period of three days
• Details of the employer’s registered and trading name, type and nature of business, proof of monthly P30 returns (or P30 SEPA monthly payments)
• Full details of the intended employment and role specification
• A CE or C1E licence if the applicant is an HGV driver and this is relevant to the job role
• If a Labour Market Needs Test is not required, an explanation of why.

Applications for a General Employment Permit are usually made online through the Irish Employment Permits Online System (EPOS). This website does not experience major updates regularly, but there is an up-to-date User Guide for those undergoing the process to support them.

An application for any Irish work permit should be completed and received by the relevant authority a minimum of 12 weeks before it is proposed that employment commences and the individual starts in their new role.

There are three main stages in the application process for an Ireland General Employment Permit. These are:

1. Application Completion: The completion of the online application form and it being filed by the relevant authority for processing. Once the application form has been completed and submitted, with the appropriate fees paid, it will be prioritised for processing. Applications are processed in date order by employer type with the current processing dates updated on the Department of Enterprise, Trade and Employment (An Roinn Fiontar Tradala agus Fostaiochta) website. Each applicant is also supplied with an individual link to track their specific application status
2. Application Processing: The application is processed by a decision maker within the relevant authority. At this stage, further information may be requested and if so, details must be supplied within 28 days of the request being made. After this period, the decision marker will either grant the application or refuse it – with reasoning given if the latter
3. Review: If an application has been refused and the applicant wishes to appeal, they can do within 28 days using the Submission of a Decision for Review online form. This review will be completed by a different and more senior decision maker.

In many cases, a non-EEA national who has held a valid Irish Work Permit Employment Permit or a newer General Employment Permit for a period of 5 years or more consecutively will no longer require any type of Ireland employment permit. There is no requirement for them to apply for a new permit or a renewal of one, and instead, the employee should apply for a temporary Stamp 4 from the Department of Justice and Equality.

If an employee does not satisfy the criteria to end their permit status for whatever reason but has been employed by a single firm for the five years, they may apply for a renewal free of charge that will hold over an unlimited term. If their employers have varied, a renewal may be granted for a specific term of 3 years.

An employment permit is not the same as an Irish residence permit but often acts as a gateway toward one. Applicants for an Ireland General Employment Permit will still need to obtain a standard entry visa to the country once their work permit has been granted.

After five years of working in Ireland under a General Employment Permit, the employee may choose to apply for long term residency through the Immigration Service Delivery department. This is an entirely separate process with set criteria, fees and application requirements.

If an individual working under an Irish work permit incurs a change in their professional circumstances while in the country, they must notify the Department of Enterprise, Trade and Employment – even if the change has occurred through no fault of their own.

If the employee is made redundant from their role, they should submit the Notification of Redundancy Form within four weeks of the date of dismissal. This allows the individual a period of six months within which to seek alternative employment within Ireland.

It is best to seek the advice of specialists on how to proceed in the case of changing circumstances potentially impacting on an Ireland General Employment Permit. Get in touch with the IAS Irish office team to discuss your specific situation on +44 (0)333 305 9375.

If an employment permit is to be cancelled for whatever reason, the employer must return their certified copy of the permit to the Department of Enterprise, Trade and Employment within four weeks from the termination of contract. It is a legal offence for an employer not to do so. When received, the permit will be updated to reflect a cancelled status and will be no longer valid with immediate effect.

Where an Irish work permit has been granted and the individual has arrived in the country, they must declare themselves as lawfully resident. All non-EEA nationals in possession of such a permit must register upon their arrival with the Garda National Immigration Bureau so that their status of habitation is clear. This registration should not be delayed as failure to complete it in a timely manner can result in the decline of future permits and visas.

Processing fees for a General Employment Permit must be paid at the time of the application being filed. These fees are:

• €500 for a permit to last in duration of up to six months or less
• €1,000 for a permit to last in duration of six up to 24 months.

For the renewal of a permit, the costs are:

• €750 for a renewed permit to last in duration of up to six months or less
• €1,500 for a renewed permit to last in duration of six up to 24 months.

If an application is rejected, 90% of the fee paid will be refunded to the applicant (even if they were not the party who paid the sum). It should be noted that employers are not allowed to deduct any charges directly from their failed employee if they paid the fee only to have the application be rejected.

Current average processing times alongside the status of any specific application can be found online through the links sent to the applicant upon receipt of their completed work permit application.

Once a year has passed of an active employment permit, those working under them can bring their family to live with them in Ireland. Where the family members come from a country requiring an entry visa, every member must apply individually for a visa. Where this is not the case, instead proof must be shown to an immigration officer upon arrival in Ireland.

Those in receipt of a General Employment Permit must earn more than the stipulated limits for Family Working Payments, to demonstrate that they’re able to support them financially.

A Labour Market Needs Test is intended to test the theory that the job role being fulfilled by a new work permit holder cannot be filled appropriately by an existing Irish citizen.

To carry out this test, the employer must advertise the relevant vacancy:

• With the Department of Social Protection Employment Services/EURES employment network for a minimum of four weeks
• In an Irish national newspaper for at least three days
• In an appropriate local newspaper or job website for at least three days.

The advert must provide full details of the role and its requirements.

There are, however, exceptions to the Labour Market Needs Test. Where an occupation is included on the Critical Skills Occupations List, is salaried at over €64,000 or requires specialist medical services, there is no requirement for the employer to carry out such advertising campaigns.