Work permits and visas in Ireland

Ireland offers various pathways for foreign nationals seeking employment opportunities within the country. Navigating the immigration system, which includes obtaining the appropriate visa and work permit, is a crucial step for both individuals and companies looking to hire international talent. The specific requirements and procedures depend on factors such as the individual's nationality, the type of work they will be performing, and the duration of their intended stay.

For non-EEA nationals, securing the right to work in Ireland typically involves a two-step process: obtaining an entry visa (if required based on nationality) and securing an employment permit. The Irish government manages these processes to ensure that foreign workers fill genuine skills gaps in the labour market and that employment conditions meet required standards. Understanding the different permit types and the associated application processes is essential for a smooth and compliant hiring experience.

Common Visa Types for Foreign Workers

Non-EEA nationals intending to work in Ireland generally require an employment permit issued by the Department of Enterprise, Trade and Employment, in addition to any necessary entry visa issued by the Department of Justice. The most common types of employment permits are the Critical Skills Employment Permit and the General Employment Permit.

• Critical Skills Employment Permit: Designed to attract highly skilled individuals in occupations where there are identified shortages in Ireland.
  • Eligibility: Requires a job offer in a designated critical skills occupation with an annual salary of €38,000 or €30,000 depending on the specific occupation, or a job offer in any eligible occupation with an annual salary of €64,000 or more. A relevant degree qualification or equivalent experience is typically required.
  • Duration: Initially granted for two years.
  • Benefits: Permit holders can apply for Stamp 4 immigration permission after two years, allowing them to work without needing a further employment permit. Spouses/partners can apply for a Stamp 1G permission, allowing them to work without needing a separate employment permit.
• General Employment Permit: Covers occupations not eligible for the Critical Skills permit, provided they are not on the Ineligible List of Occupations for Employment Permits.
  • Eligibility: Requires a job offer with an annual salary of at least €30,000 (with some exceptions for specific roles like healthcare assistants or certain horticultural workers). A Labour Market Needs Test is usually required, demonstrating that the employer has advertised the position locally without success.
  • Duration: Initially granted for two years, renewable for up to three years, for a maximum stay of five years.
  • Benefits: After five years on a General Employment Permit, individuals may be eligible to apply for long-term residency.

Other permit types exist for specific circumstances, such as the Intra-Company Transfer Permit for multinational corporations transferring senior personnel, management, or key personnel from a non-EEA branch to an Irish branch.

Work Permit Application Requirements and Procedures

The application process for an Irish employment permit is primarily an online process submitted to the Department of Enterprise, Trade and Employment. The application can typically be made by either the employer or the employee, although the employer usually initiates and supports the process.

General Application Steps:

1. Labour Market Needs Test (if applicable): For General Employment Permits, the employer must advertise the vacancy with the European Employment Services (EURES) employment network for 28 days, on a national newspaper website for 28 days, and on a local newspaper website for 28 days. This test is waived for Critical Skills permits and certain other categories.
2. Gather Documentation: Both the employer and the employee must provide supporting documents.
   • Employer: Company registration details, tax clearance certificate, details of the job offer (contract, salary, role description), evidence of Labour Market Needs Test (if required).
   • Employee: Passport copy, qualifications (translated if necessary), CV, previous employment details.
3. Online Application Submission: Complete and submit the application form via the online portal.
4. Fee Payment: Pay the relevant application fee online.
5. Processing: The application is reviewed by the Department of Enterprise, Trade and Employment. Processing times vary depending on the permit type and current volume.
6. Decision: If approved, an employment permit is issued. If refused, reasons are provided, and an appeal may be possible.

Fees and Processing Times (Approximate, subject to change):

Permit Type	Initial Application Fee	Renewal Fee	Typical Processing Time
Critical Skills	€1,000	€1,000	2-4 weeks
General Employment	€1,000 (2 years)	€1,500 (3 years)	8-12 weeks
Intra-Company Transfer	€1,000 (2 years)	€1,500 (3 years)	4-8 weeks

Note: Fees are subject to change. Expedited processing may be available in limited circumstances.

Upon arrival in Ireland (or if already resident), the permit holder must register with the Garda National Immigration Bureau (GNIB) to obtain their Irish Residence Permit (IRP) card, which confirms their immigration permission and right to reside and work based on the employment permit.

Pathways to Permanent Residency

Holding an employment permit can lead to long-term residency options in Ireland. The primary pathway for permit holders is through obtaining Stamp 4 immigration permission.

• Stamp 4: This permission allows a non-EEA national to reside in Ireland and work without the need for an employment permit.
  • Eligibility: Typically granted after holding a Critical Skills Employment Permit for two years or after holding a General Employment Permit for five years. Applicants must demonstrate a good immigration history and continuous legal residence in Ireland.
  • Application: Application is made to the Garda National Immigration Bureau (GNIB) or through the online renewal system, usually in advance of the expiry of the current permission.
  • Benefits: Provides greater flexibility in employment and is a significant step towards potential long-term residency or citizenship.

After obtaining Stamp 4 permission and residing legally in Ireland for a total of five years (which may include time spent on certain employment permits), individuals may be eligible to apply for long-term residency. Long-term residency provides permission to remain in the state for a period of up to five years at a time.

Irish citizenship by naturalisation is another potential pathway after a period of legal residence, typically five years, including one year of continuous residence immediately before the application. Time spent on Stamp 4 permission counts towards the residency requirement for citizenship.

Dependent Visa Options

Non-EEA nationals holding certain types of employment permits can bring their eligible family members to reside with them in Ireland.

• Critical Skills Employment Permit Holders: Spouses/civil partners and dependent children of Critical Skills permit holders can apply for immediate family reunification.
  • Spouse/Civil Partner: Can apply for a Stamp 1G permission, which allows them to work in Ireland without needing a separate employment permit. They must apply for an entry visa (if required) and register with immigration upon arrival.
  • Dependent Children: Can reside in Ireland with their parents. They must apply for an entry visa (if required) and be registered on their parent's immigration permission.
• General Employment Permit Holders: Family reunification is generally permitted, but the permit holder must usually have been legally resident and working in Ireland for at least 12 months before their family members can apply to join them.
  • Spouse/Civil Partner: Can apply for permission to reside in Ireland. They may need to apply for a separate employment permit if they wish to work, depending on their immigration stamp.
  • Dependent Children: Can reside in Ireland with their parents after the 12-month period.

The application process for dependents involves applying for an entry visa (if required based on nationality) and then registering their presence and relationship with the main permit holder with the Garda National Immigration Bureau upon arrival in Ireland. Proof of relationship (marriage certificates, birth certificates) and evidence of the permit holder's ability to financially support their dependents are required.

Visa Compliance Obligations for Employers and Employees

Maintaining compliance with Irish immigration and employment law is critical for both employers and foreign national employees. Non-compliance can result in significant penalties, including fines, prosecution, and revocation of employment permits.

Employer Obligations:

• Verify Right to Work: Employers must ensure that all employees, including foreign nationals, have the legal right to work in Ireland before employment commences. This involves checking their passport, visa (if required), and Irish Residence Permit (IRP) card showing the correct immigration stamp (e.g., Stamp 1 based on an employment permit, or Stamp 4).
• Comply with Permit Conditions: Ensure the employee's role, salary, and location match the details specified on the employment permit. Any significant changes require notification to or approval from the Department of Enterprise, Trade and Employment.
• Maintain Records: Keep copies of employment permits, IRP cards, contracts, and other relevant immigration documents for inspection.
• Report Changes: Notify the Department of Enterprise, Trade and Employment of any changes to the employee's employment status, such as termination of employment, within a specified timeframe (usually 4 weeks).
• Adhere to Employment Law: Ensure the foreign national employee receives the same terms and conditions of employment as Irish nationals, including minimum wage, working hours, and leave entitlements.

Employee Obligations:

• Maintain Valid Permission: Ensure their employment permit and immigration permission (IRP card) remain valid throughout their stay and employment. Apply for renewals in a timely manner.
• Comply with Permit Conditions: Only work in the occupation and for the employer specified on the employment permit.
• Register with Immigration: Register with the Garda National Immigration Bureau upon arrival or renewal to obtain/update their IRP card.
• Notify Authorities of Changes: Inform the immigration authorities of any changes in circumstances, such as a change of address.
• Abide by Irish Law: Comply with all Irish laws and regulations.

Failure to comply with these obligations can lead to the employee losing their right to work and reside in Ireland, and the employer facing legal consequences. Employers utilising an Employer of Record service can leverage their expertise to ensure these complex compliance requirements are met effectively.