Work permits

Rules

Work permits are issued by the Department of Jobs, Enterprise and Innovation. Either the employer or the employee can apply for the permit which must be based on an offer of employment – see 'How to apply' below.

Applications for work permits fall into 2 categories as follows:

(a) Jobs with an annual salary of €30,000 or more

(b) Jobs with an annual salary of less than €30,000 - these are only considered in exceptional cases

However applications for jobs in either category will not be considered if they are for occupations listed as ineligible - see list below.

Bulgarian and Romanian nationals: the 2007 eligibility requirements and 2007 ineligible categories list (pdf) apply to work permit applications by Bulgarian and Romanian nationals. The 2009 changes to work permits do not apply to them.

Job offer

You must have the qualifications, skills and experience required for the job. You must be directly employed and paid by your employer. Work permit applications 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.

Labour market needs test

A new application for a work permit must be accompanied by documentary evidence that a labour market needs test has been carried out. Since 1 June 2009 the test requires that the vacancy must have been advertised with the FÁS/EURES employment network for 8 weeks and in local and national newspapers for 6 days. This is to ensure that, in the first instance an EEA or Swiss national or in the second instance, a Bulgarian or Romanian national cannot be found to fill the vacancy. When registering the vacancy on FÁS/EURES the employer must specify that the vacancy is a potential work permit application, otherwise it may not be possible to obtain a work permit for it at a later stage.

Occupations that are ineligible for work permits

The Department of Jobs, Enterprise and Innovation, following consultation with FÁS, has announced occupational sectors that are considered ineligible for work permits

Since 16 April 2009 work permits are not available for the following occupations.

• Clerical and administrative staff
• General operatives and labourers
• Operator and production staff
• Retail sales staff, sales representatives and supervisory or specialist sales staff
• Drivers - from 1 June 2009 this includes HGV drivers
• Nursery/crèche workers, child minders/nannies
• Hotel, tourism and catering staff except chefs
• The following craft workers and apprentice/trainee craft workers: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, fitters - construction plant, electricians, instrumentation craftspeople, fitters, tilers - floor/wall, mechanics - heavy vehicles, instrumentation craftspersons, metal fabricators, mechanics - motor, originators, painters and decorators, plumbers, printers, engineers - refrigeration, sheet metal workers, tool makers, vehicle body repairers, machinists - wood, plasterers and welders
• Domestic workers including carers in the home and childminders (for work permit applications received on or after 1 June 2009)
• Work riders -horseracing - (for work permit applications received on or after 1 June 2009)

Renewal of work permits

If you are working on an existing work permit before 1 June 2009 you should continue to work until it expires. The list of ineligible categories applies only to new applications for work permits. Either you or your employer can apply for a renewal and a labour market needs test is not required.

If you apply for a work permit for the first time on or after 1 June 2009, a labour market needs test is required both for the first application and the renewal. There is also a higher renewal fee - see 'Rates' below.

A work permit is issued first for 2 years and then may be renewed for a further 3 years. From 28 August 2009 if you have worked for 5 consecutive years on a work permit you will no longer need a permit to work in Ireland. When your stamp 1 permission is due for renewal your local immigration officer – see ‘Registration’ below – will issue you with a stamp 4 immigration permission for one year which will allow you to take up any employment but not self-employment.

When you have been legally living and working in Ireland for 5 years on a work permit you can apply for long-term residence to the Irish Naturalisation and Immigration Service (INIS) - see 'Where to apply' below. You may also apply for exemption from the requirement to have an employment permit. If your application is successful you will be granted extended residence permission for a further 5 years and you will not need a work permit to work in Ireland.

Changing employment

If this is your first work permit in Ireland you are expected to stay with your new employer for 12 months (apart from in exceptional circumstances). After that you may move to a new employer provided that a new application for a work permit has been made for a similar job or to another eligible employment sector. A labour market needs test is not required.

Losing your job

If you lose your job through redundancy you should notify the Department of Jobs, Enterprise and Innovation. From 28 August 2009 there are new provisions for non-EEA workers as follows:

Work permit for 5 years:
If you have been made redundant after working on a work permit for 5 consecutive years you will no longer need a permit to work in Ireland. You should apply to your local immigration officer - see 'Registration' below who will issue you with a stamp 4 immigration permission for one year. This permission may be renewed annually and it will allow you to take up any employment or become self-employed.

Work permit for less than 5 years:
The Department of Jobs, Enterprise and Innovation will allow you a period of 6 months (was 3 months) to find another job. When you find another job you have to apply for a new work permit but a labour market needs test is not required. If you were made redundant from a job which is on the list of ineligible categories you may apply for a new work permit for a job on that ineligible list.

You should contact your local immigration officer to confirm your immigration status – see 'Registration' below. If you have more than 6 months before your immigration permission expires, you can reside in Ireland under your stamp 1 permission for a further 6 months. If you have less than 6 months' immigration permission you can have your immigration permission extended to 6 months which means you will have to pay €150 for a new GNIB card. If you have not found a new job after 6 months you will be expected to leave Ireland. If you then get an offer of employment in Ireland you may apply for a new work permit.

Short-time working: if you have been put on short-time working while on a work permit you may apply to have your work permit renewed.

Visas

If you are a national who requires a visa, this is still a requirement even if you do not need a work permit. You should obtain a visa before travelling to Ireland. Your nearest Irish embassy or consulate will be able to advise on whether you require a travel visa.

Registration and permission to remain

Non-EEA nationals (with the exception of Switzerland) must register with the local immigration officer in the area where they intend to live when they arrive in the State. In Dublin the registration is done at the Garda National Immigration Bureau. Outside Dublin you may register at your local Garda District Headquarters.

When you have been legally living and working in Ireland for 5 consecutive years on a work permit you will no longer need a work permit - see 'Renewal of work permits' above. You can also apply for long-term residence to the Irish Naturalisation and Immigration Service (INIS) - see 'Where to apply' below.

Undocumented workers: There was a scheme for certain undocumented non-EEA workers who previously held work permits. The scheme closed on 31 December 2009.

Dependants

You may be able to bring your family to live here after you have been legally working here for a year on a work permit. You also have to be able to show that you will be able to support them. In practice, you need to be earning an income above the limits for Family Income Supplement.

If you applied for your work permit before 1 June 2009 your spouse, civil partner and dependants aged under 18 may apply for a spousal/dependant work permit (pdf) once they are legally resident in Ireland on the basis of being your spouse, civil partner or dependant. If you applied for a work permit after 1 June 2009, they are not eligible to apply for a spousal/dependant work permit but may apply for a work permit in their own right. They may require visas to come to Ireland (see 'Visas' above) and there are INIS guidelines about family reunification for workers.

Work permit not necessary

If you are a non-EEA national you do not need a work permit if:

• You have permission to remain as the spouse, civil partner or dependant of an Irish or EEA national except Bulgarian and Romanian nationals, see above
• You are a Swiss national
• You have been granted refugee status - whether through the normal process or as a programme refugee
• You have been granted temporary leave to remain on humanitarian grounds, having been in the asylum process
• You have been granted leave to remain as the parent of an Irish citizen
• You have specific immigration permission to live and work in Ireland - see 'Renewal of work permits' above
• You have business permission to set up a business in Ireland
• You are a registered student - see below
• You hold a work authorisation or working visa

Refusal of work permits

You will be refused a work permit where you:

• Entered the state on the basis that you are not taking up employment, for example, as a visitor
• Are in the state illegally or you no longer comply with the conditions under which you were admitted
• Have been asked by the Department of Justice and Equality to leave the state
• Are in the process of being deported
• Are seeking employment with a non-European Economic Area/Swiss employer who is operating in the state without business permission from the Minister for Justice and Equality

Students

It is a primary condition of entry into the state for students that they are in a position to maintain themselves while studying here. Students given permission to remain in Ireland for study will not be given permission to work (defined as up to 20 hours part-time work per week or full-time work during holiday periods) unless they are attending a full-time course of at least a year leading to a recognised qualification.

Graduate scheme: Non-EEA students who have graduated on or after 1 January 2007 with a level 7 degree may be permitted to remain in Ireland for 6 months and those with a level 8 or higher degree may be permitted to remain for 12 months. The Third Level Graduate Scheme (pdf) will allow them to find employment and apply for a work permit or Green Card permit. During this 6-month period they may work full time. They must be legally resident in Ireland and should apply for this extension of their student permission (stamp 2) to their local immigration registration office - see 'Registration and permission to remain' above.

Other categories

• There are special arrangements for work permit applications for sports professionals (players only), nurses and doctors
• Since 6 June 2006 a person on a working holiday authorisation can no longer transfer over to a work permit
• Apart from some long-standing asylum seekers, people applying for refugee status in Ireland are not entitled to work at all