Ireland General Employment Permit

To work in Ireland, an immigrant must have a work permit before they can enter the country. The government of Ireland has replaced the Old Work Permit Employment Permit with the General Employment Permit.

There have been many changes made in this permit mainly to draw workers from the other countries to fill in for job areas that are undergoing labour shortage.

Where Critical Skills Employment Permit requires an applicant to be eligible for certain occupations the General Employment Permit considers all occupations to be competent unless otherwise specified. This makes all types of occupations eligible except for the ones that are considered as barred in the Ineligible List of Occupations for Employment Permits.

What makes General Employment Permit tempting for the potential applicants is that the permit allows a broader range of occupations than any other type of employment permit. Applicants can get the General Employment Permit against a 12-month contract of employment in Ireland. All the occupations listed under the Critical Skills Occupation List are considered eligible for this permit. 

A General Employment Permit can be applied for by a prospective employer or a foreign national. The permit is issued to the overseas national applicant, and a certified copy of the same is sent across to the employer.

The General Employment Permit allows the foreign national to work in Ireland under the employer as per the occupation and the location mentioned in the permit. 

A General Employment Permit can be issued to a foreign national for two years after which it can be renewed and extended for another three years. On completion of 5 years, the international applicant becomes eligible to apply for long term residency to the Irish Naturalisation and Immigration Service (INIS).

Criteria for Eligibility

While scrutinizing permit applications, the Department of Business, Enterprise and Innovation look for the fulfilment of different criteria.

Just like most employment permits a General Employment Permit is also issued against a job offer from a bona fide(actual) employer who is registered with the Revenue Commissioners and, if required, even with the Companies Registration Office/Registry of Friendly Societies, and is operating in Ireland.

The documents and other requirements for a foreign national to get a General Employment Permit are mentioned on the application, and it is as below:

• A complete description of the proposed job employment
• The employment mentioned should not be listed in the excluded job category under the Ineligible List of Occupations for Employment Permits
• Information and evidence of the qualifications skills or experience required for the relevant employment
• Minimum annual remuneration – is €30,000. Some inclusions are listed as under:

1. €27,000 for a non-EEA student who has completed graduation within the last 12 months, from a third level institute in Ireland, and has been offered a graduate position from the Critical Skills Occupations List. However, the minimum annual remuneration should be €30,000 at the time of renewal. 
2. €27,000 for a non-EEA student who has completed graduation in the last 12 months, from a different third level institution, and has been offered a graduate position as an ICT (Information and Communications Technology) professional from the Critical Skills Occupations List. However, the minimum annual remuneration should be €30,000 at the time of renewal.
3. €27,000 for employment that necessitates an individual to be fluent in the official language of Ireland which is not a Member State of the EEA, where the work is backed by an enterprise development agency, and the employment is for the position of:

• customer service and sales role with knowledge of the product,
• specialist online digital marketing and sales role, or
• specialist language support and technical sales support role,   

4. €27,500 for employment as a mistake (meat boner job).

For information on remuneration go through the “Remuneration Criteria” mentioned below.

Employer Criteria

To make sure that the employer that is hiring the foreign national is legal and genuine and to warrant that the employee receives all the employment benefits the Department of Business, Enterprise and Innovation scrutinize different criteria. These points of assessment for the employer include:

• Only applications from employers that are registered with Revenue Commissioners and if applicable with the Companies Registration Office/Registry of Friendly Societies that are presently operating in the State will be accepted.
• There must exist an employer-employee relationship and that the potential employee will be employed, and paid directly by the employer. 
• An employment permit will be issued only if 50% of the employees in the firm are EEA nationals (a 50:50 rule is applicable).
• The 50:50 rule is relinquished in certain conditions:

1. Start-up companies – the employer, should be registered with Revenue as an employer within the past two years. The employer should have a letter of support from IDA Ireland (Industrial Development Agency) or Enterprise Ireland. This is relevant for client companies of Enterprise Ireland or IDA Ireland only.
2. However, the employer should have met the 50:50 rule while renewing the employment permit. If this criterion is not met, then the General Employment Permit can be extended only if the employer can present a report of progress stating that the firm will achieve the 50:50 target soon. Renewals like these should also have a letter of support from IDA or Enterprise Ireland. The 50:50 criterion will have to be met at the end of the one year of renewal.
3. Employment permits in force at the time of instigation of the 2014 Act;
4. If at all the employer has no employees at all when the application is submitted then the foreign national will be the only employee; and the Minister is content that having respect to the employment in reverence of which the application is made, the foreign national will be the single employee of the employer.
5. The exception to the 50:50 Rule will likewise be applicable at the time of the renewal on condition that the permit holder continues to be a sole employee.

Employee Criteria

The main criteria applicable in these cases are:

• Minimum annual remuneration (commonly above €30,000) – check the “Remuneration Criteria” given below;
• The employment mentioned does not fall in the omitted job category listed under the Ineligible List of Occupations for Employment Permits;
• The potential employee must possess the applicable qualifications, skills or experiences that are necessary for employment.

Spouses, partners or dependants of those holding the General Employment Permit are not eligible for a Spouse/Partner/Dependent Employment Permit. They should apply for a separate employment permit depending on the qualifications or skills they possess. 

If the foreign national gets a General Employment Permit for the first time in the State, then he/she must stay with the first employer for at least 12 months. In agreement with section 12(1)(e) of the Employment Permits Act 2006 as amended, a new General Employment Permit for a new/different employer cannot be issued if the mentioned number of months (12 months) have not passed after the permit holder first took over the job responsibilities under the first employer in Ireland.

There are two main reasons for this compulsion – first, there are costs borne by the employer to employ a foreign national for the job, and the employer must be able to get the worth (in terms of skills) of the cost involved in the recruitment of the foreign national.

The second is for the benefit of the foreign national, which is not to bind him/her to the employer. However, if the circumstances call for, the Department can permit a foreign national holding a General Employment Permit to change the employer: 

• Medical doctors that are employed on 6-month rotations;
• The permit holder is made redundant;
• Unforeseen circumstances that arise which change the employment relationship

Besides these exceptional statuses mentioned above the employment permit holder can change their employer after 12 months on condition that the new application for a General Employment Permit is submitted following the regular criteria mentioned. 

Remuneration Criteria

For an employer to attain the minimum requirement of €30,000/ €27,000/€27,500 for a General Employment Permit, the below-mentioned constituents are understood to be remuneration:

• The basic salary of the foreign national should be equivalent to National Minimum Wage, or a rate of pay should be fixed under or by the law in place. This is the first constituent of the remuneration package.
• The second component is the health insurance payments that are made to a registered health insurer. The insurer must be enlisted and registered with the Health Insurance Authority on its Register of Health Benefits Undertakings under s14 Health Insurance Act, 1994.

The Process

All applications for an employment permit should be submitted at least 12 weeks ahead of the offered employment joining date. Request for a General Employment Permit can be made on the Employment Permits Online System.

All applicants must go through the General Employment Permit Checklist before commencing with the submission of application. A user guide has been provided in the Employment Permits Online System that will help the applicants to understand what documents are required for the visa permit and how to go about the visa process using the online system.

There are three Stages in Visa Processing:

1. Application Received (Awaiting Processing): After an application along with the required fees is submitted, it is queued for processing based on the Employer type, which can be Standard or Trusted. All necessary criteria should be adhered to as the application processing is done stringently in date order by Employer type. All applicants can keep track of the progress on the Online Status Update Enquiry

2. Processing Stage: At this stage, an appointed official of the Department that has the authority to make decisions considers the application. If the official requires any additional information, then the same should be furnished within 28 days. The official will then either grant the application or reject it. They will provide the exact reasons for rejection.

3. Review: If an applicant wants their users to be reviewed after the dismissal, then they have 28 days to do so. They need to duly fill and submit a Decision for Review Form within the mentioned time limit.

The application will be reviewed by a senior official who will then decide whether or not to accept the application. The decision of the reviewing official doesn’t deny the applicant permission to submit a new application for the same employment permit type once again. 

The processing fee for a new General Employment Permit is

• €500 for an employment permit of 6 months or less 
• €1,000 for an employment permit from 6 months up to 24 months

The processing fee for the renewal of a permit is

• €750 for an employment permit of 6 months or less 
• €1,500 for an employment permit from 6 months up to 36 months 

Comprehensive details on fees and waivers are available on Fees for Employment Permits.

90% of the cost is refunded if the application is not accepted. Even if a third party has paid the payment, the refund is processed to the applicants only. For instance, if an employee has applied, but the employer has funded the fee, the refund will still be given to the employee (the original applicant). 

If the employer or an acting agent has submitted the application for the employee in accord with the Section 23 of Employment Permits act 2006, then the employer cannot deduct any amount of the application from the remuneration of the foreign national or try to recover the expenses or charges incurred from the submission of the application, from the holder of the employment permit. 

Renewals

This is relevant for those that hold the current General Employment Permit and the Work Permit Employment Permits that were issued before October 1, 2014.

An application for the renewal can be submitted online on the Employment Permits Online System within 16 weeks before the expiry of the existing permit. A relevant form should be duly filled and provided along with the necessary documents. 

The period of a General Employment Permit is for the definite period bidden.

Applications can be given for up to 24 months if the renewal is done for the first time and the permit can be renewed for up to 3 years in the next renewal. The applicants would be able to apply for a long-term residency in the State during the next renewal, with the Department of Justice and Equality. 

Holders of Work Permit Employment Permits or General Employment Permits for five years or more

This is relevant for those that hold the current General Employment Permit and the Work Permit Employment Permits that were issued before October 1, 2014.

All non-EEA nationals that have held valid Work Permit Employment Permits or General Employment Permits for more than five years continuously and have been working legitimately throughout their time of employment may not need an Employment Permit to work in the State.

Such an employee may directly approach the Department of Justice and Equality and apply for a Stamp 4 (indicating that the holder is permitted to work within the State without an employment permit) instead of renewing their employment permit.

However, if the applicant does not meet the qualifying criteria, he/she will have to renew their employment permit if they wish to continue working in the State. If the non-EEA national has been working for five consistent years with their present employer, then they are eligible to apply for a Renewal Employment Permit for an unlimited duration – no fee is required in this case.

But if the non-EEA national has not been with the same employer for the last five years, then they can apply for a Renewal Employment Permit for the duration of up to 3 years only. The fee for the application will be applicable as per the charges mentioned for that type of employment permit. 

Residency

After an application for employment permit has been granted, the applicant should apply for a visa (if applicable) with their local Irish Consulate/Embassy for an entry visa.

They can apply for a visa online on www.inis.gov.ie. A list of countries that require a visa and the contact details for the Irish Consulate/Embassies for the respective countries are present on the website of the Department of Foreign Affairs and Trade.

An online visa application form may be found at www.inis.gov.ie. Contact details for Irish Consulates/ Embassies and a list of visa-required countries will be found on the website of the Department of Foreign Affairs and Trade.

All individuals that are entering the State should adhere to the immigration controls at the point of entry, irrespective of the end whether or not a visa is applicable.

Hence all the individuals are expected to carry all supporting and relevant documents along with their original employment permit for inspection that would be done by an Immigration Officer. An Immigration Officer is the one that decides the entry of an individual to the State. 

An employment permit should not be mistaken for a Residence Permit. All non-EEA nationals holding an employment permit must register with the Garda National Bureau if they wish to be a legal resident of Ireland. It would be best if all non-EEA register them in the bureau as soon as they arrive.

Delay in registration with the Garda National Bureau could hamper the chances of the non-EEA national to get a long term residency or citizenship of the State. Immigration permission should be renewed 30 days before its expiry date (if applicable) to avoid any illegitimate presence in the State.

In some situations, employment permit might be given to people that have already been staying in the State, lawfully, on different immigration permission and have been offered job employment in a suitable occupation.

In such circumstances, when the individual receives the employment permit, they must inform the Garda National Immigration Bureau about the change of their status in the State. 

Change of Circumstances

This is relevant for those that hold the current General Employment Permit and the Work Permit Employment Permits that were issued before October 1, 2014.

It is understood that the situations may change and a non-EEA national may become unemployed for no fault of theirs 

If a Work Permit Employment Permit or a General Employment Permit holder has been hired for a short period or there has been an alteration made in terms and conditions of the employment permit that is currently in effect, then the Department of Business, Enterprise and Innovation must be informed about it. On failing to do so, the renewal of all applications for employment permits will be negatively impacted.

Those made redundant after the new legislation came into force 

This is relevant for those that hold the current General Employment Permit and the Work Permit Employment Permits that were issued before October 1, 2014.

If the holder of a General Employment Permit or a Work Permit Employment Permit has been made redundant, then they must inform the Employment Permit Section of the Department of Business, Enterprise and Innovation of the about the redundancy by filling out the Notification of Redundancy Form within four weeks of their dismissal from work.

An individual holding this type of employment permit will then have up to 6 months from the date of their dismissal to look for new employment.

If a General Employment Permit or a Work Permit holder has informed the Department about their redundancy and has been made redundant in a job title that is afterwards not qualified for a General Employment Permit, then they must get a similar job with the same job title.

In this situation, a General Employment Permit application will still be deemed, and the individual will not have to clear the Labour Market Needs Test. A new General Employment Permit will be allotted in agreement with the General Employment Permit structure remuneration prerequisite.

If the non-EEA national cannot get a new job within six months of being made redundant, then they should get in touch with the immigration authorities to institute their immigration status after that period.

If the non-EEA national wants to leave the country, but get a new job offer in Ireland later on, then they can apply for a new employment permit depending on the policies that are applicable at that time.

Cancellation of Employment Permits

This is relevant for those that hold the current General Employment Permit and the Work Permit Employment Permits that were issued before October 1, 2014.

In agreement with the section 24(1) of the Employment Permits Act 2006, if a non-EEA national for any reason, stop to be employed by the employer whilst the Work Permit Employment Permit or the General Employment Permit’s is still valid the permit (non-EEA nationals copy) and the employer’s certified copy should be sent back to the Department of Business, Enterprise and Innovation within 4 weeks from the date of termination or cessation of the job employment.

If the permit holder or the employer fails to observe this subsection, they will be considered guilty of an offence. All the permits that are returned to the Employment Permits Section will be altered to a Cancelled status on the Employment Permits Management System, making them null and void.