Work permits for spouses and dependants of employment permit holders

Information

Under the Employment Permits Act 2003 (pdf) and the Employment Permits Act 2006 (pdf) there is a scheme of work permits for spouses and dependants of certain employment permit holders. A spouse or dependant must be legally resident and have a work permit in order to work in Ireland. The spousal/dependant work permit makes it easier for eligible spouses and dependants to access employment because:

• Employers do not have to advertise the job with FÁS/EURES before making the work permit application - the labour market needs test
• The spouse or dependant can apply for any job vacancy
• First applications and renewals for spousal/dependant work permits are exempt from the usual application fee

This scheme applies to spouses and dependants of holders of certain employment permits such as Green Card permits and work permits where the first work permit application was before 1 June 2009 – see ‘Who can apply’ in the Rules section below. 

Spouses/dependants of new applicants for work permit from 1 June 2009

Changes to work permit arrangements for those who are applying for a work permit for the first time on or after 1 June 2009 mean their spouse and dependants must apply for work permits in their own right. Spousal/dependant work permits are not available to spouses and dependants of holders of new work permits applied for since 1 June 2009. Applying for a work permit in their own right means:

• A labour market needs test will be required when applying for a work permit for a spouse or dependant. This means the vacancy must be advertised with FÁS/EURES for 8 weeks and in national media for 6 days
• Fees are payable when applying for or renewing a work permit for a spouse or dependant
• Applications for work permits for spouses or dependants will not be considered for occupations listed as ineligible for work permits

You can find further details in our document on work permits.

These changes do not apply to the spouses and dependants of those who have already been granted a work permit or who apply for a work permit before 1 June 2009.

Rules

Who can apply

In order to be eligible to apply for a spousal/dependant work permit the following criteria must be met: 

(a) The spouse and the employment permit holder must be married and have a legally recognised marriage certificate. Spousal work permit arrangements apply only to spouses legally resident in Ireland who are married to each other. You cannot apply for a spousal work permit if you and your non-EEA partner are unmarried.

(b) The employment permit holder must have one of the following:

• A valid Green Card permit
•  A valid work permit of 12 months or more duration where the first work permit application was received by the Employment Permits section before 1 June 2009
• A valid employment permit or hosting agreement in respect of a researcher position
• A valid Intra-company transfer permit (pdf) of 12 months or more duration where the first application was received by the Employment Permits section before 1 June 2009
• A valid working visa or work authorisation issued before 31 December 2006

(c) The employment permit holder must still be working within the terms of his or her permit

Applications for spouses or dependants living outside Ireland must go through the normal work permit procedures.

The following employment permit arrangements apply to the spousal/dependant work permit:

• Either the employer or employee can apply for the work permit, based on an offer of employment.
• The work permit is granted to the employee and includes a statement of the employee's rights and entitlements 
• A copy of the work permit is sent to the employer 
• The employer is prohibited from deducting recruitment expenses from the employee's pay or retaining the employee's personal documents

Job offer

The spouse or dependant must have a job offer and must have the qualifications, skills and experience required for the job. They must be directly employed and paid by their employer in Ireland. Job offers from recruitment agencies and other intermediaries are not acceptable under the scheme. The employer must be trading in Ireland, registered with the Revenue Commissioners and with the Companies Registration Office. A work permit will not be issued to companies where the granting of the permit would mean that more than 50% of the employees would be non-EEA nationals.

Dependants

Dependant work permits are available only to dependent unmarried children aged under 18, who are resident in Ireland as family members of the employment permit holder. In exceptional cases work permits may be available to dependants aged over 18, who became legally resident in Ireland before the age of 18.

Duration and renewal of work permit

It is normally issued for the period up to the expiry date of the Garda National Immigration Bureau (GNIB) registration card of the employment permit holder. It can then be renewed - see 'How to apply' below. If you have completed 5 consecutive years’ work on an employment permit you will no longer need a permit to work in Ireland. You should contact your local immigration officer to change your immigration permission.

Changing job

Someone working on a spousal or dependant work permit is expected to stay with the original employer for 12 months (unless there are exceptional circumstances). After that it is possible to change job provided a new application for a spousal/dependant work permit is made.

Rates

For spouses or dependants of holders of work permits granted before 1 June 2009, there is no fee for spousal/dependant work permit applications or renewals.

Spouses or dependants of those making a first work permit application on or after 1 June 2009 are not eligible to apply for a spousal/dependant work permit. They can apply for a standard work permit which includes the payment of a fee.

How to apply

Either the employer or the employee can apply  to the Employment Permits Section of the Department of Enterprise, Trade and Employment for a spousal/dependant work permit using the new employment permit application form (pdf).
Documents to be submitted with the application include:

• A letter confirming that the application is a spousal/dependant application
• Copies of the employment permit holder’s passport, employment permit and GNIB registration card
• A letter from the employer of the employment permit holder confirming the job title, salary and length of time in the job.
• The spouses’ marriage certificate or the dependant’s birth certificate
• If the work permit is for a dependant aged under 18, a letter confirming the employer will comply with the terms and conditions of the Protection of Young Person’s Employment Act 1996

Renewal: either an employer or an employee can apply using the renewal form for a spousal/dependant work permit (pdf).

When a work permit is issued to an eligible spouse or dependant he or she needs to re-register with the Garda National Immigration Bureau (if living in Dublin) or the local Garda District Headquarters (if living outside Dublin). This is in order to obtain permission to remain in the State as an employee. It is important to do this as otherwise the spouse or dependant will not have the correct immigration status.

There is further information in the Department of Enterprise, Trade and Employment’s Guide to Work Permits for Spouses and Dependants of Employment Permit Holders (pdf)

Where to apply