Work Permits
The Summary
Hang on for a long and wild ride! I get more questions about work permits than any other three topics combined.
The answers make this a very, very long page. But, rather than split up the information, I believe in giving it all to you in one go instead of requiring a million little clicks. So, get ready to do some scrolling!
The short of it is
this: EU citizens and Irish citizens and people from Norway, Iceland, Liechtenstein and Switzerland, need no work permits. Everyone else does. The up-to-date
rules and regulations concerning work permits can be found at Department
of Enterprise, Trade and Employment work permit page.
Different rules apply
if you're setting up your own business.
EU and EEA Citizens
If you have EU citizenship,
you can get a job here, whatever your skill level, so long as you're willing
to work hard, and come across as honest. You don't need a work permit. If
you are a citizen of any country within the area covered by the European Economic
Area (EEA) Agreement you merely need to register with the proper authorities
and you do not need a work permit. The EEA is any European Union nation plus
Iceland and Norway and Liechtenstein. Switzerland is also accorded similar rights.
With regard to general work conditions: http://citizens.eu.int/cgi-bin/fsprint.cgi is the European information service and the key paragraph is:
"The main principle that governs the conditions for access to employment for EU workers in the Member States is equal treatment with nationals. Thus, any EU worker shall have the right to take up an activity as an employed person in any Member State irrespective of his place of residence under the same conditions as nationals."
A Residency Permit
cannot be refused unless you are unable to support yourself, and even then,
so long as you can prove that you are looking for work, you may stay. Check
out the pages for EU citizens.
Equally important, the spouses and immediate family of EU citizens may work in Ireland without work permits. This is item 1 of the Work Permit document which the Department puts online (links given at the top of this page.)
Who is the EEA? And what about Switzerland?
The following countries belong to the EEA: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Leichtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
Although Switzerland is not part of the EEA, it reached an agreement with the EU regarding free movement of persons whereby EU workers and Swiss nationals are now to be treated equally with regard to entry and residence provisions and access to the labour market in many of the member states, and, in particular, Ireland.
EU Accession States
(Poland, Lithuania,
Latvia, Estonia, Czech Republic, Hungary, Slovakia, Slovenia, Malta & Cyprus)
The Accession countries
are Poland, Lithuania, Latvia, Estonia, Czech Republic, Hungary, Slovakia,
Slovenia, Malta & Cyprus. As of 1st May 2004 Accession
State Nationals no longer require work permits to work in Ireland. You
will, however, still need to register with the local Garda station for a residency
permit like every other EU citizen.
Bulgaria and Romania
The Government announced on Tuesday 24th October 2006 that it would continue to restrict access to the Irish labour market for nationals of Bulgaria and Romania following their Accession to the EU on the 1st January 2007.
Accordingly Bulgarian and Romanian nationals, will continue to require a permit to take up employment in Ireland and the job will continue to be subject to the current requirement for a labour market test. However those who are already in the State on a valid employment permit for an uninterrupted period of 12 months or longer prior to the 31st December 2006 will not need an employment permit.
Employers will be expected to satisfy their labour market requirements from within the European Economic Area (EEA) in the first instance and if this is not possible it will be necessary for them to give preference to Bulgarian and Romanian nationals ahead of non-EEA nationals.
For more details, go to the Department of Enterprise, Trade and Employment's work permit main page and click on the link about Romanian and Bulgarian nationals.
Work Permits NOT required for the following:
Below is paragraph 1.1 of the Work Permit regulations:
Work Permits are NOT required for the following:
"A citizen of a Member State of the European Economic Area (EEA) and, where such a citizen is pursuing an activity as an employed or self-employed person within the State, his or her spouse and any of their children who are under the age of 21 years or are dependent on the EEA citizen. [The EEA comprises of Member States the European Union... together with Norway, Iceland and Liechtenstein]."
There are some other exemptions as well (an earlier generation of immigrants, for example) so it's well to check the Department's site. Again, the key jump-off page is Department of Enterprise, Trade and Employment work permit page.
Making It Harder for Non-EEA Nationals
My wife and I moved to Ireland in 1992 when 20pc unemployment was the norm. Friends told us they’d probably hold a parade in our honour since everyone else was lining up to head out of the country.
15 years later, the immigrant influx is colossal. In 2006, over 200,000 foreign nationals registered for work in Ireland – 5pc of the total population. Nearly 130,000 were from the new EU accession states like Poland, Lithuania and Latvia. As EU citizens, these foreign nationals can live and work in Ireland without any permits or hassles.
The scale of immigration forced the government to overhaul its rickety old work permit system. Handling all the new arrivals meant something had to give. What’s “give” is non-EEA nationals.
The Trade and Employment
Department keeps statistics on work permit numbers and the nationality of
permit holders here.
The New Green Card and Work Permit System - 1st February 2007
Here’s a very short summary of some of the key features of the new employment system for non-EEA nationals:
Green Cards:
Where the annual salary (excluding bonuses) on offer is €60,000 or more, the Green Card Permit is available for all occupations. The Department gives themselves an out - "...other than those which are contrary to the public interest." So really well paid drug dealers need not apply.
Those workers with high end skills – medical, financial, technical - are welcome, so long as they have a job offer from an Irish employer of between 30,000 and 60,000 Euro. After two years, green card holders may apply for permanent residency.
If you can get one, Green Cards are more desirable than standard Work Permits which have more restrictions.
Work Permits:
There are two categories of application based on salary level.
Firstly, where the annual salary (excluding bonuses) on offer is €30,000 or more the Work Permit can be considered for occupations other than those which are contrary to the public interest.
Secondly, Work Permits will only be considered for a very limited number of occupations below an annual salary of €30,000.
A very long list of jobs are excluded from applying at all. As an example, hotel staff of any kind except chefs are ineligible to apply.
After five years, work permit holders may apply for an unlimited work permit.
Miscellaneous Provisions
Spouses and dependents under the age of 18 of both green card workers and work permit holders will find it much, much easier to work in Ireland. Intra-company transfers are allowed again if the company can prove a need for the employee to be in Ireland. Overseas students graduating from Irish universities are now granted 6 months to try and find work (or bum around) before they’re out on their ears.
Much stricter enforcement of employee rights and lots more inspectors on the ground should, theoretically, result in some of the worst abuses being eliminated. Those employers who break employment law face jail. (I’m sceptical – this is a court system that releases murderers after a couple of years.)
Good news – Employees may now apply for a work permit themselves, providing they have a solid job offer and the necessary proof.
Bad news – It costs a LOT more to get a standard work permit or a new green card. The price is now 1,000 euro and 1,500 euro for a renewal.
Maybe news – There are carefully hedged exceptions to some of the rules. For example, dependents of work permit and green card holders over the age of 18 may be able to take advantage of the relaxed work rules on a case by case basis.
Key Links and Documentation
The Minister of Employment, Trade and Enterprise gave a speech outlining the new system. You can read it at http://www.entemp.ie/press/2007/20070124a.htm
The Department has put together a truly excellent series of explanatory documents. Procedures are set out clearly. You can find them at http://www.entemp.ie/labour/workpermits/
Passports and Visas
There are some strict passport regulations that affect work permit and green card applicants.
The passport of the foreign national must be in date and valid for at least 3 months after the proposed expiry date of the Work Permit/Green Card. And when applying for permanent residency or unlimited work permit, the applicant's passport must be in date and valid for at least 12 months.
Even to visit Ireland, you may very well need a visa. Check the Visa page.
You may be able to apply
for Irish citizenship in which case you don't need a work permit. Check out
the Citizenship page.
Bondage Slavery (5 Years Before the Mast)
A subscriber asked: Do the new work permits/green cards allow the employee to change jobs? One of the major complaints with the 'old work permit' is that we are all bound to the one employer.
As I read it, the new rules say "yes" but they mean "no".
Here's the wording for the work permit from the Department Guide:
Am I free to move employer?
"If this is your first work permit in the State then (apart from in exceptional circumstances) you are normally expected to stay with your initial employer for a period of 12 months, but then you may move employer provided that a new application for a work permit is made and that a labour market needs test has been undertaken."
So, yes you may move IF you manage to get a new employer AND a new work permit AND the labour market test is done AND someone lays another 1,000 Euro on the line.
I read this section rapidly when it first came out and thought, great! Finally, people can move employers after a year. But, now after rereading it closely, HA! It's hard enough to get one work permit. How in the world will anyone get a second one?
But, if you can find an employer willing to go through the whole process over again AND pay the 1,000 euro, then yes you can change jobs. And, if you succeed a second time, then once again you're bound to this new employer for another 12 months. If you can hang on for 5 years, Work Permit holders can apply for an unlimited work permit.
It's a similar situation for Green Card holders.
As an employee, am I free to move employer after I get a Green Card Permit?
"If this is your first employment permit in the State then (other than in exceptional circumstances) you are expected to stay with your initial employer for a period of 12 months but then you may move employer provided that a new application for a Green Card Permit is made."
Obviously, though, it will be easier for Green Card holders to change employers because their occupations are already on the Approved list, so they won't have to go through the whole labour market needs test which is the real killer. And, short of someone laying on the lash and chaining you up at night, it's probably worth sticking it out because after two years Green Card holders can apply for Permanent Residency - and freedom.
Green Card Miscellany:
Brent, a subscriber, had a
number of questions regarding Working Visas which he resolved. For now, we can assume that the same information applies to the new Green Card system. Here's what he
found out:
"One question was whether you could obtain the work authorisation
at an Irish embassy in a country different from your country of citizenship.
The answer is yes. I just got my work authorisation in London and I'm a US citizen.
Some other tips to pass on. They are extremely picky about the documentation.
They don't accept copies, only the originals. For evidence of your third level
education in the Information Tech field my diploma needed to say somewhere on
it that the degree was Computer Science, Computer Engineering, Information Technology
or one other that I can't recall or else they wouldn't accept it. The offer
letter from the company has to have all the information on it that is stated
on their web
site or they won't accept it. You also need to bring two passport photos,
your passport and the fee of course. That's all that is needed. They give you
a short one page application form to fill out.
I had some hitches with my documentation, but once I got all the docs together
it took 4 business days to get it.
The other question was whether my family needed anything special to enter Ireland
with me once I received my work visa. The answer is no, but now that they are
here we're supposed to register with the Immigration Office in Dublin or local
Garda station. We haven't done that yet, but I've been told it's sort of a rubber
stamping kind of process from what I've heard." (That's what I've heard,
too... Scott)
One item for IT professionals: the Department insists on a degree in IT. This means people who program, manipulate data, have high end hardware skills, etc. Generally, it does not include those with a degree in Computer Graphics or Web Design.
Unfortunately, self taught programmers and specialists get caught in the same net. I know of one self trained programmer whose skills are so specific and so in-demand that he has been able to work out a very favourable contract with an Irish firm. The firm is applying for the work permit, but he won't be just a standard employee, but rather a type of sub-contractor able to work on commission with a solid retainer. But... as I try to stress, it's hard for non-EU nationals to get work here unless they have high end skills.
Timeline - How Long Does It Take to Receive a Green Card
I received my Green "Card" yesterday, seven weeks and one day after I submitted the application. I was watching the dates updated on their website and wasn't expecting to get it until the end of the month (if I was lucky) based on their documented pace. When I turned in my application they told me 6-7 weeks and the application says to expect a minimum of 8 weeks. My work received a copy two days before I received the actual card. For someone having it mailed to a different country I would expect it to take an extra week or two for it to find its way in the mail. (Be.)
Thought I would let you know that even in Ireland, miracles are possible. My husband's green card application took 9 days to process. It arrived in Dublin, they processed it within 9 days, sent on the 26th of the month and it arrived in our midwestern US mailbox 4 days after that. (T.)
I was in touch with my employment agent yesterday regarding my planned departure in 6 weeks & she responded with this info: "We got news from the Ministers office this week that the Green Cards are being given preference and so it's really very unlikely that your Green Card will not be through by the time you get here". (MJ)
B.'s Experience
"The application itself, once you start looking at it, is full of little things that don't make sense, or just aren't very clear as to how you are supposed to deal with them. And good luck getting feedback on questions that haven't been included in their "FAQ".
I tried for hours to get through to their "Call Center" and never got anything - probably because they are completely slammed right now. (No, it's always a nightmare to get through - Scott). I was in Ireland, so went down to their office directly to talk to someone in person, but the only one I was able to talk to was the man at the front desk - not a designated Immigration Official.
The things I turned in:
1. The fully completed application (in some places we just had to mark N/A on parts that were phrased poorly). Also, be careful not to miss the passport photo requirement - read this document multiple times, very carefully.
2. The check covering the €1,000 fee.
3. The letter of offer, signed by both parties and conforming to the requirements they line out in their "Guide to Green Card Permits".
4. A few tax and registration documents from the company that they require on the second to last page of the application (only needed if the company has not applied for a permit before).
5. A copy of my passport.
6. "Certified proof of qualifications" - to cover this I turned in a sealed official transcript from my university proving degree in architecture (which was the requirement for the work authorization and what the desk man told me), but this is the one part that was incredibly vague, so I don't know if they will decide they need more or not...time will tell. (B. received his Green Card in seven weeks.) "
Visiting Ireland When the Green Card Issues
"I was told by the Garda National Immigration Bureau that I could just go in to them with my Green Card, before my 90 day tourist visa ran out, and they would give me my immigration stamp. When I was talking to someone at the immigration office, they said that the officers there can call the DETE directly to verify your paperwork is in process. " (B.)
So, there's no need to leave the country and re-enter with the green card in hand. The paperwork changes can be handled in Ireland.
Should You Apply for the Work Permit Yourself
I listened to a radio interview of a young American woman who brought the Work Permit form to a company which hired her. She registered to pay taxes, which were deducted from her wages, and she thought everything was grand. However, after a year, she went to work for another firm and when they applied for a new permit (every time you start work for a new employer, you must apply again), it turned out that the first employer had never sent in the form at all. The new application was turned down and the poor girl was scheduled for deportation because she worked in the country illegally!
And Tina worked in a small-town call centre because they were the one business that promised to apply for a work permit.
"I filled out the paperwork with them (twice), did the photos and put it in the envelope and talked to them about splitting the cost with them for it (which is against the rules but I offered anyway).... One boss gave me fake "updates" about where my permit was at in the process, every Friday. When I would ask for proof (an email from the WP office in Dublin, perhaps?) he would simply say, 'Ohhhh, but don't you trust me, Tina'? NO! (Eventually) he told me he had never applied for my permit, and laughed in my face. Talk about a Not So Nice Person! And not only one boss lied to me AND then got himself fired, but TWO OF THEM. Yep, one after the other."
So be aware there are "Not-So-Nice-Persons" who are only too happy to screw up your life if it will save them a spot of bother. If you have doubts, you can now submit the work permit and green card applications yourself.
Holding Down Two Jobs
A work permit is issued for a single job. When I called the Work Permit Office I was informed that no one is permitted to take up two different jobs while holding a work permit. And no, you cannot apply for a second work permit.
Spouses, Family, Boy
Friends and Girl Friends
This is one of those messy areas where the immigration officials have a wide amount of personal decision making power. I've called half a dozen officials for answers on this one, and I'm still confused.
Here's a summary of what I've been told, but it remains to be seen how exactly the new work permit and green card system (in effect from February 2007) will affect this.
The key person who will decide whether your spouse and family can come into the country is the immigration officer who meets them at the point of entry - at an airport or ferry port. They will be looking for a Visa if your family comes from a Visa required nation.
Question 1 - Do you or your spouse and family need Visas to enter Ireland?
You can find the list at http://foreignaffairs.gov.ie/services/visa/01.asp
If your nation is NOT on the list of nations allowing free entry to Ireland, your family will have to apply for visas.
You do this through the local Irish embassy or consulate in your country. Addresses can be found at http://foreignaffairs.gov.ie/embassies/default.asp?m=e
The spouse and dependent children (16 or over - children under the age of 16 are covered by the spouse's travel visa) should seek a "D Type" Visa. Nowhere on any of the government sites can I find a list of visas listed by alphabetical name. The Department of Justice has a list of visas by name at http://www.justice.ie/80256E01003A21A5/vWeb/pcJUSQ65WHUV-ga
I am told that a spouse/children should seek a year long D Visa as opposed to the 3 month C Visa.
To get such a visa, you will have to prove that you can support your spouse and family for a year in Ireland. Medical insurance covering your family in Ireland may be demanded.
You will need to provide 3 months worth of bank statements in your native country and/or other proof of your ability to support a dependent.
If you've been in Ireland long enough to have a 3 month bank record, these may do the job as well, though I haven't yet found anyone willing to definitely commit to that clearly.
If you need to extend your family's stay, you seek an extension while in Ireland. (Note: a Visitor's Visa, referred to as the C Visa, is restricted and usually is not able to be extended, I'm told.) The same proofs are demanded at the Garda National Immigration Office in Dublin or at your local Garda station as are sought by the consulates and embassies. Again, these documents are principally proof that you and your family will not become a burden to the Irish state, that is, you can provide proof of money in the bank and/or job earnings and medical insurance that will suffice to support your family.
Question 2 - Are you and your family citizens of a non-Visa required nation?
If a visa is not needed because you're a citizen of nations such as the US, Australia and dozens of others, then your family may join you without any problems when first you arrive in Ireland.
To extend their visit, you and they will need to visit the Garda National Immigration Office in Dublin or your local Garda station and seek an extension.
Here, the same rules apply as for someone coming into the nation on a visa - have your paperwork in order, certified marriage certificates, birth documents of kids, passports with at least 6 months still when you arrive in Ireland (and passports with at least a year to go if you're seeking to stay a year), the work permit you hold, etc.
Then be able to prove the working spouse can support the family/spouse while in ireland, provide 3 months of bank accounts and medical insurance.
There are no guarantees - the decision will be made by immigration officers on a case by case basis. However, if you've got your paperwork in order and you have the money in the bank and a proper work permit, then it should be straight-forward and your family will most likely be allowed to remain in the country with you while you hold a valid work permit.
Any permissions are granted for a year only and so must be renewed annually.
Workers holding a Work Authorization Visa are spared some of these restrictions and only have to renew every second year.
Complicated, I know! And subjective, so it depends on who you end up dealing with, whether they woke up on the right side of bed, etc.
Once in Ireland, adult family members must register at the local
Garda Station or Immigration Office in Dublin. Children do not have to register
until they reach the age of 16.
Now comes the really really confusing part.
The rules listed on the standard Work Permit state that the worker has to be employed and living in Ireland
for a year before their families can join them. So, for instance, a married
couple who are unable to qualify for a Working Visa/Work Authorisation will
face a choice: live separately for a year or seek two work permits and two
jobs - one for each spouse. Yet, as detailed above, there are regular exceptions granted for those who can prove they can support their family members.
Who can explain it? Who can tell you why? Fools give you reasons, wise men never try. Some enchanted evening....
My former girlfriend and I were caught in this red tape quagmire since she was Irish and I was a US citizen. We overcame the problems by getting married. No one should get married just to live in another country, but in our case, it was one further propellant to get us to the altar. I can now thank the bureaucracy for the best decision of my life.
Procedures for Spouses to Join the Work Permit Holder
If you are a citizen of a non-visa required country (such as the US, Australia and many others) then you arrive at your entry point (airport, ferry port, etc.) with enough money (traveller's cheques, cash) to prove you can support yourself during a one month visit to the country. I'd suggest travel insurance/proof of health insurance as well just to be on the safe side - though the official I spoke to did not mention this.
If asked the purpose of your visit, state the truth - you're meeting your spouse who is working in Ireland with a work permit.
The official at the entry port will almost surely grant you a one month entry permission. Possibly it could be longer or a bit shorter - this is one of those subjective areas where the individual agent has much discretion.
Enjoy a few days and weeks with your spouse.
Before the entry permission expires go to the local Garda station or to the National Garda Immigration Bureau in Dublin (located right in the heart of town just a minute's walk from O'Connell Bridge). Make sure your spouse who holds the work permit accompanies you.
The two of you should bring:
1. A marriage certificate
2. The spouse's work permit
3. Recent bank statements/pay slips of your work permit spouse. This is to prove that your spouse can support you without your becoming a burden on the state.
4. Any other proof that you will be able to financially support yourselves. Here's where the health insurance/travel insurance would be useful; bank statements showing savings in your native land if you have any; etc.
Number 4 is not required, but you'll have to prove to a potentially sceptical official that you can support yourselves without the Irish state and taxpayers assisting you. So, the better you can make your case, the more likely you are to get an extension.
You will then be given a one year extension. But, this depends on the type of work permit the spouse holds, the length of time remaining on it, etc.
At the end of the year, you apply for another extension. In the meantime, you're free to look for work yourself and try and get a work permit in your own name, if you desire.
For those requiring a Visa to enter Ireland in the first place, steps 1 to 4 take place in your own native land when you apply to the consulate or embassy for a Visa. Discuss this with the local consulate and they'll send out the necessary application form which will specify exactly what is needed. And to complete this round, start over again at the beginning of this discussion about spouses and family.
D's Experience
Here is my experience. My husband took a job in Ireland and sent me a color copy of his work permit. I flew to Ireland and armed with the work permit, my passport and a certified copy of my marriage license I went through Immigration. Your spouse must have these three things with them. I also had a US bank statement with me and health insurance cards because I had heard somtimes they ask to see $$$ to show you can afford to stay awhile and insurance to show you will not be a burdren to the state, but fortunately they didn't ask me for anything like that.
The Immigration officer asked me why I was in Ireland and I said I was joining my husband who was working in Ireland on a valid work permit. He asked for the permit, marriage license and my passport and asked questions like what my husband's job was, and would he be able to support me, because unless I get my own work permit I am a dependant of my husband, the legal worker, and I am not allowed to work. He also made me promise not to stay in the country once my VISA expires or I would become an illegal immigrant. The officer stamped my passport for 30 DAYS and told me to go directly to my local Immigration Office in the Garda Station and register with them. He was very serious, civil but not friendly.
I did register and was given a resident card just like my husband's and my passport was stamped for one year because the old work permits were only valid for one year. Once the year is up and my husband gets a renewed work permit or green card permit, we will both re-register with the Immigration Dept. and get our passports stamped again for another 1 or 2 years depending on the type of work permit he has this time.
Students
Full time non-EEA students attending recognized and accredited colleges may work up to 20 hours per week. The rules can be found at the Department of Enterprise, Trade and Employment's student page. Let me prepare you, though. In perfectly polite language, the Department advises you to shag off if you don't have high end skills. Under the new rules in effect from February 2007, graduates of Irish universities have 6 months after graduation to try and find full time work.
And...
English-language Work Loophole Closed
Students at English-language schools have been able to work 20 hours per week while studying full time. This loophole became suddenly popular as a method of getting employment and residing in Ireland. The government’s solution has been to eliminate the loophole entirely. As of April 2005, such students are not allowed to work – full stop.
However, this ruling does not apply to those students attending a course of a least one year’s duration which leads to a formally recognised qualification recognised by the Department of Education & Science. If you're thinking of attending an English Language School you can check if the school is accredited by logging on to www.acels.ie.
For the specific language, you can download the Department's policy statement here.
Canadian, Australian
and New Zealand Nationals - Working Holiday Authorisation
Lucky you. You may come
to Ireland with a Working Holiday Authorisation. This special visa allows
you to live and work in the Emerald Isle for 12 months.
You have to be between
the ages of 18 and 30.You have to present a
bank statement showing you have $2,500 Australian dollars and a ticket onward,
or $5,000 Australian dollars without an onward ticket.
Similar restrictions
apply for Canadians, though the amount needed in hand is $2,000 Canadian.
Once you arrive in Ireland,
register at your local Garda/Police station. Your Working Holiday Visa will
be stamped and you then are free to live in Ireland for one year. An important note: you must get the Working Holiday Visa first! The Garda do not issue them. So some pre-planning is necessary.
If you
get a job, well and good. If you don't get a job, well and good. You're
still entitled to live here for 12 months. No further work permit is required.New Zealanders may work
for 12 months with a single employer, but Australians are entitled to work
for only 3 months with a single employer. But, even if you only get work
for 3 months, you still may reside in Ireland for 12.
This is a once in a lifetime thing. You cannot just keep applying for it. You get a Working Holiday Authorisation once. If you want to stay longer, then like everyone else you are required to get an employer to sponsor you to stay in Ireland more than the 12 months.
I note that the Garda
find it a constant effort to keep their heads above the morass. Chasing
down Australians who are upstanding citizens and whose employers are delighted
to keep them gainfully employed for longer than 3 months... well, I'd guess
that this falls somewhat lower on the priority list than tracking Al Quaeda
terrorists.
Almost no one in Ireland
knows anything about the 3 month rule. If I were in your shoes, I'd be mighty
tempted not to mention this rule when applying for a job. Of course, since
I only give advice that is strictly legal, I assure you I would overcome the
temptation and tell anyone who asked the full details of the restrictions.
No doubt you will as well. Australians may apply
for the Working Holiday Authorisation at the Irish Embassy in Canberra or
to the Department of Foreign Affairs in Dublin. Kiwis, for some unfathomable
reason, cannot apply through Dublin, but must apply through the Irish Consulate
in Auckland.
- Ireland's
Department of Foreign Affairs
80
St. Stephen's Green
Dublin
2
Ireland.
Email: library1@iveagh.irlgov.ie
Tel.
+353-1-4780822
Fax.
+353-1-478 5937
Embassy of Ireland
in Australia
20 Arkana Street
Yarralumla
A.C.T. 2600
Canberra
Telephone: +612 6273 3022, +612 6273 3201
Fax: +612 6273 3741
Email: irishemb@cyberone.com.au
- Honorary Consul
General in New Zealand
6th Floor
18 Shortland Street
1001
Auckland
Telephone: 0064 9 977 2252
Fax: 0064 9 977 2256
Email: consul@ireland.co.nz
Embassy of Ireland
in Canada
Suite1105, 130 Albert Street
Ottawa
K1P 5G4
Ontario
Telephone: +1-613-233-6281
Fax: +1-613-233-5835
A Word about Citizenship
Work permit rules
do not apply to EU and Irish citizens and a surprising number of people qualify
for Irish citizenship because they have Irish grandparents or even great-grandparents.
So, if you're serious about moving to Ireland, you'll want to check this possibility
out.
Ireland does not require foreign citizenship to be dropped in order to get an Irish passport. So, you can be a dual citizen of Ireland and another nation. However, as a word of warning, many non-Irish governments do not allow dual citizenship, so you might have to give up your native citizenship to become an Irishman, er... person. Check with your native country's foreign affairs department for the rules. For more about citizenship, check out the Citizenship page.
A Big Warning About Reckonable Residence
Some of you may be hoping to become Irish citizens after 5 years working in Ireland. The rules for determining "Reckonable Residence" are detailed in this site's Citizenship page.
Most importantly, you aren't officially here in Ireland until you register at the Garda National Immigration Bureau or your local Garda station. The stamps given at your port of entry or airport don't count. Your official time of entry only begins when you register with the Garda - NOT when you officially enter the country.
This won't matter until 5 years after you first begin working in Ireland, but it will make a very big difference then.
Working in Ireland for a non-Irish Overseas Firm
You may have a perfectly excellent income while working in Ireland for a non-EU business. You won't qualify for a work permit because you have no intention of working for an Irish firm so there's no one able to apply for your work permit.
I called the National Immigration Office in Dublin and was told that such a job does not into any of the current categories. What you need to do is write a letter to:
Department of Justice
General Immigration Division
13-14 Burgh Quay
Dublin 2
Ireland
In the letter, include details explaining the situation and offering proof. This was not specified, but surely would consist of at least a letter on company letterhead stationery, details of the business, proof that the business has been in existence for some time, tax numbers, pay stubs, contracts, etc.
The Justice Department's big concern is that folks looking for a loophole will claim they're gainfully employed while, in reality, it's all just a spoof to illegally move here. So, I'd suggest that the more details you can offer to prove the truth of your claim of employment, the better your chances of securing the necessary permits. Certified company accounts or a letter from the company accountant, copies of your tax returns proving you've been paid by this overseas firm - anything you provide to bolster your case will help.
The Experience of Ch.
My hubby works for a US company and we live in Ireland. He does not work in Ireland but commutes nto other EU countries to work. We showed a letter from his company verifing employment, income, insurance and were given a Stamp 3 (retired person) for a year. (With the proof of the stamp, we) were told we need to contact the Department of Justice, explain our circumstance and the Department will give us a renewal for either 3 or 5 years. We will then renew after that. Nothing in Ireland is "black & white." You may find something different depending on your local Immigration Officer.
Touring and Looking
for Work
Non EU Citizens and Visitors from Visa-Required Countries
Citizens from Visa-Required countries may NOT work here after entering the country with a visitor's visa or permit. This is known in Immigration parlance as a C Permit.
In short, if you don't
enter the country with a work permit or authorization stamp on your visa,
you can't find work here and apply to stay. The only exception is after
marriage to an EU citizen. At that point, the C-Permit holder can work in
Ireland.
So, if you want to work in Ireland but don't have a job offer, you can go for job interviews and try and find employment, but you'll have to leave the country and re-enter with a Work Permit or Work Authorization.
There is an exception for visiting non-nationals who get married to an EU national. But, that's the only exception I know of. And even this is fraught with problems. For more information, check out the Wedding page.
Non EU Citizens and Visitors from Non-Visa-Required Countries (I refer to this below as an Automatic Visitor's Visa)
Where does that leave people from the US and other countries that can enter Ireland without a visa? Such non-visa required nationals can indeed seek employment while in Ireland. If the work permit is issued before the standard 90 days is up, then they can stay in Ireland without having to depart and re-enter.
Here's the official language from the Department of Enterprise, Trade & Employment:
"Non-visa required nationals--Candidates from non-visa required countries may change their status within the state and complete the process of acquiring a work permit while staying in Ireland, provided their residency stamps are up-to-date."
So, if you find an employer willing to hire you who then submits a work permit application, you have until the end of the 90 day Visitor's Visa to receive the work permit.
If the work permit arrives within that 90 day deadline, you may stay in Ireland and switch the Visitor's Visa for a Work Permit visa. The paperwork can be handled in-country and there's no need for you to leave Ireland and then re-enter the country under the new visa.
One problem is that the red tape is such - FAS job notices, Work Permit office turnaround time, employers getting the paperwork filled out and filed - that the standard 90 day visit may be exceeded. Iif the work permit does not arrive within the 90 day time limit, you're out of luck. One way or the other, you have to leave Ireland and then return using the Work Permit as your entry visa.
What are the odds of getting a standard work permit during that crucial 90 day time frame of the initial visa? It'll be tight. Current processing times are listed by the Dept. of Trade, Enterprise and Employment at 7-8 weeks. For years now, the processing time has been averaging 7 to 9 weeks. So, if you find work within the first month of your visit, and if your employer gets cracking and there aren't any hold-ups then, hallelujah!, you can start working in Ireland without having to return home first.
In short, there are no guarantees. But, yes, there is a reasonable hope for non-visa required, non-EU nationals who visit Ireland who get an Irish job offer to be able to stay in Ireland while the paperwork is processed.
Click here for more information about getting an extension to your visit. Get a 3 month extension and you could have 180 days to tour the lovely Emerald Isle - and look for work. As I understand it, however, once you get an extension and then find work, you must leave the country and return under a work permit visa.
Job Interviews - Should You Mention Work Permits?
Here's a thread from the bulletin board.
Jen:
As an American in search of a job in Ireland, I've wondered about this. Up until now I have been operating under the assumption that any prospective employers would know that, as an American, I will need a work permit for which the employer must apply. But what if they don't know? I mean, it seems like it would be shooting myself in the foot to say it in the covering letter, although it doesn't seem entirely honest to have to bring it up later.
Charlene:
My humble opinion is to assume employers know the rules and say something like, "I'm available to start with your company as soon as I receive my work permit," or "Generally, how long do you find that it takes to get work permits for your American employees?" If they're oblivious, I'm sure they will inquire as to what-in-the-world you're talking about.
Dee:
There are many Americans in Ireland with Irish citizenship through family. Others have work permit rights through spouse. Yet others are in highly skilled areas where permits do not pose much problem. It's not fair to assume that your potential employer knows under which category you fit.
Honesty is the best policy. You don't want to start the interview with "I need a work permit." but neither should you lead with misinformation. Somewhere in there you do need to tell the truth, both for your sake and out of respect for the company interviewing you.
My own thinking is that your new employer is going to be mighty pissed when they find out you've "forgotten" some pretty crucial information. Not a good way to start a long-term relationship.
Extension of Visits and Return Trip Tickets
Now comes decision point. You've been in Ireland for a month and you still haven't found an employer, or you've finally found one after two months have passed.
You may apply for an extension of your automatically given Visitor's Visa, but one of the standard items which Immigration officials will look for is a return ticket to your home country. They will not grant an extension, I was told by immigration officials, without that return ticket.
These days it's common practice to purchase one way tickets. You don't save anything with Aerlingus (www.aerlingus.com), for example, by booking a round trip fare. So, you can wait till the last minute to buy that return flight. However, if you're planning to apply for an extension to your visitor's visa, that also takes time and you've got to leave about 6 - 8 weeks for that paperwork to be handled. (See the next section, Visa Extensions, for more details.)
Okay, you jump through the hoops and you've been granted the extension and then during your extended stay in Ireland the work permit finally comes through. Tough cookies - the extension was granted on the basis that you were returning to your native land. So, you'll have to leave Ireland and re-enter in order to stay here legally with a work permit.
To summarize: if you haven't found a job within 5-6 weeks of your entry to Ireland, then you'll probably need to pick up a return flight ticket if you arrived without one. You'll need this ticket to get an extension of your visit, or more simply, to go home.
- Visa Extensions
Right. You've visiting
and enjoying life so much that you want to extend the visit. What do you
do if you're a non-EU/EEA national?
You'll have to contact
either the Garda National Immigration Office in Dublin or a local Garda station
to apply for an extension.
Garda National Immigration Office
Burgh Quay
Dublin 2
Telephone: 01-666-9100
When calling from outside the country, drop the 0. +353-1-666-9100
I am told by personnel
in that office that such extensions are only rarely granted, and the processing
time is 6 to 8 weeks. My own calls around the country and anecdotal evidence
suggests that the local Garda officials tasked with immigration duties are
generally much more lenient. They're not dealing with dozens of people a day
and the whole process is much more personal.
Call the local Garda
station, ask for the immigration officer and explain that you need a visa
holiday extension. He or she will send you the application and set up an
appointment. You'll have to explain why you want the holiday extension and
furnish proof you have money enough to support yourself (check out the Residency Page).
You won't be able to
work during this extended holiday period. However, you can continue looking
for work. Once you have the work permit in hand, you'll have to leave the
country and re-enter with permission to work.
As soon as you apply
to the Garda National Immigration Office or Garda officer you will be asked to furnish
proof that you have sufficient funds to maintain yourself in Ireland without
being a burden to the state. What constitutes such proof can vary depending
on your situation. Basically, you will need to have in an Irish Banking Account
substantial sums (nobody will state what they are but I'd recommend at least €200 per week) and private medical insurance. For more, check out the Residency Page.
Just remember, the
whole extension process is very subjective. You could meet a stubborn or
awkward official. Immigration officials turn away thousands of visitors
to Irish shores each year. One Garda Immigration Official told me he regularly
gets visits from people who have their passports stamped to allow only a
4 week visit- even though visitors are legally entitled to a 90 day stay.
The point is that the personal discretion of the immigration officials is
very wide. You want to have a good reason ready for any extension. And even
for a visit.
Simply show up and take a ticket from one of the automated machines. Within an average time of 30 minutes, your number will be called and you'll be dealing with an official. There are now 16 hatches and office hours are hugely extended.
Monday to Thursday - 8am to 10pm
Friday - 8am to 4pm
Saturday - 10am to 2pm
Please note, though, that the rule is 1 ticket per person. If you show up with wife and kids, each member of the family needs their own ticket. Otherwise, you'll have to wait again for each person in the family.
The office has moved from its old Harcourt Street location. It's now easily found in the centre of the city, just a block from O'Connell Bridge along the Liffey River. It's right next to the Tara Street train and DART station on the south side at Burgh Quay. The phone number has changed as well.
As always with government offices, be sure you have every legal, official document possible to hand. Not a bad idea to have your current bank statement to hand as well.
Work Permit Extensions
Even with a one year work permit in hand, you are likely to be given permission to stay for 90 days or less when you arrive at your port of entry. The officials at the airport or port have wide latitude, which is what I've been told by everyone again and again. They could give you two weks, 6 months or even a 1 year stamp based on your work permit.
If they give you a short term stamp (such as Stamp 3 - a 90 day holiday or C visa) and you find you need to extend your visit, you will have no problems whatsoever getting the necessary extension from your local Garda immigration official or the national office at Burgh Quay in Dublin.
You will not necessarily need a round trip air ticket. You will need to provide proof that you are tied to your native land by providing proofs. Examples would be a letter from your employer on letterhead paper stating that you will have a job there upon your return along with a pay stub or tax return that proves that you've been employed by them. Another example would be copies of home ownership papers, or property tax receipt, etc. And, of course, be sure to bring along your work permit.
Again, any extension for a work permit holder should be straightforward, particularly if you're from a non-visa required nation.
Employers
If you're an employer, you'll have to prove to FAS and the work permit folks that you can't get any European workers with the same skills. I was told this is dodgy for many, many positions. You put it all in writing, explain why you need to hire a non-European and send it off when you, as the employer, apply for the work permit.
You will have to pay at least the minimum wage to the person, with proper deductions and payments to PRSI, etc.
Go to the Dept. of Enterprise website at http://www.entemp.ie and click on work permits on the home page for more info.
So, those of you hoping to hire a non-EU boyfriend or girlfriend should know there are a fair number of hoops to be jumped. If you've thought of a possible loophole, so have umpteen thousands before you.
Discouraging Words
Charlene has these discouraging words, which you should know about.
"If neither you nor your wife is an Irish citizen or from a country in the EU or a doctor or other in-demand professional, you are going to have a VERY HARD TIME GETTING A WORK PERMIT AND WORKING IN IRELAND.
I am highly skilled and experienced at what I do. But, apparently, so are thousands of others who live in Ireland and the EU. I am a former journalist, currently a university English professor and an ESL tutor. Yet, from all I learned while in Galway, I have about a 10% chance of ever getting a job in Ireland.
There have been at least 2 of us who have gone to Ireland, sought work, visited all the appropriate offices, talked to dozens of people, and made sacrifices towards a permanent move . . . only to learn that getting a work permit is really, truly, seriously next to impossible. Remember, Irish laws require companies to hire in this order: (1) Irish persons and citizens of the EU, and (2) persons from outside the EU -- IF you have special skills that no one else has, and they want you badly enough.
I found out that there were 50 EU citizens/refugees who could do every job I thought of checking on (and I was seriously overly qualified for) -- this, from the office of FAS.... No one was willing to do the paperwork/pay for a work permit for me, when they could easily hire an Irish person/European with my same qualifications...."
One positive note: an average of nearly 50,000 work permits have been issued annually over the past few years. So, there’s still hope.
The dreaded bureaucratic circularity
DG, a subscriber, summed up the problems nicely:
1. Employers say they won't hire me until I have a PPS Number.
2. Social Welfare, issuing agent of PPSN's, won't issue me one until I have an Immigration Card.
3. An Garda Síochána won't issue me an Immigration Card until I have a Work Authorisation.
4. The Dept of Trade and Enterprise won't give me a Work Authorisation until I have a job offer.
5. See #1.
DG also offers this hard learned lesson: "To get a work permit, the employer (who applies for the work permit and holds it in your name... your new employer must reapply if you change jobs) must be able to prove to the gov't that they could not find an EU national for the job. This is next to impossible, as it has to be done through the gov't jobs agency, FAS. Cheers!"
And on that less than happy note, I wish you good luck!
Contact Information
Work Permits Section
Department of Enterprise, Trade & Employment
Davitt House
65a Adelaide Road
Dublin 2
Office Opening Hours:
Monday to Friday
9:30am - 1:00pm
2:00pm - 5:00pm
Phone/Fax/E-mail Queries:
The Work Permits Callcentre exists primarily to deal with enquiries from employer applicants. However, the Callcentre will answer a limited number of questions from enquiring prospective employees, subject to sufficient verification of identity.
|
mbit
Ireland Internet Services Ltd