Ireland Contract for Service Employment Permit

Labour Market Test

The Irish employer has to show that they have conducted the labour market needs test. To do this, the employer must prove they have advertised the role for Irish and EEA nationals. The adverts must be done in a national newspaper, local paper and the Eures employment network.

Note that they must be done separately.

The labour market needs test is waived if:

• The job the foreign-based Contractor is coming to do is listed on the Critical Skills Occupations List.
• The application for the permit comes with a recommendation letter from the Enterprise Development Agency.
• The job pays at least €64,000 yearly.

Registration with Relevant Bodies

The Contractor must be registered under the Revenue Commissioners and the Companies Registration Office as an employer.

50:50 Employment Rule

It is mandated that both the Irish employer and the Contractor must have 50% of their employers as EEA citizens at the time the application is being made.

Remuneration

The DETE requires that the Contractor pays everyone in their employ from the proceeds of the services rendered to the Irish employer. It is also mandatory that the employees carrying out the work be paid a minimum basic annual salary of €40,000.

If the basic salary is not up to €40,000, the employer can make up for it by offering allowances for accommodation, transportation or feeding.

The employer can also make up for it by offering allowances for health insurance. The health insurance payments must be made directly to the health insurer registered with the Health Insurance Authority.

If the Contractor does not comply with these remuneration rules, they will encounter challenges when they come for renewal. This is because the DETE will ask for payslips which prove compliance with the remuneration rules.

Here is the required information that proves the Contractor is ready to comply with the remuneration rules of the DETE:

• The amount the employee was being paid before the application for the Contract for Services Employment Permits.
• The amount of additional payments to be made if the employee does not earn up to €40,000 per annum before the permit application.
• The total amount of deductions made by the Contractor, if applicable.
• The total amount the employee will be paid during their time working in Ireland after all deductions have been made.

Time Worked for the Contractor

Before a Contract for Services Employment Permit is issued, the Contractor must prove that the employee moving to Ireland has been working for them for at least 6 months before the contract was obtained. This ensures that the reason for the employee moving to Ireland is genuine.

Eligible for the Permit

The Contract for Services Employment Permit is only issued to positions needed to fulfil the contract. So, if the services of, say, an accountant are not required to fulfil the contract, the DETE will deny an accountant a permit if they apply.

Eligible Jobs Work Permit Ireland

The permit cannot be issued for any occupation on the Ineligible List of Occupations for Employment Permits.

Skilled for the Contract

The Contractor must also prove that their employee has the required skill to render the services needed for the contract.

Does Not Allow Dependants

Employees moving to Ireland on this permit cannot travel with their dependents. This is because this permit makes no provision for such. If an employee wants to move to Ireland with a dependant, then such persons will have to apply for a separate permit.

Note that once the contract ends and the permit expires, it is required that the employee holding the permit should leave Ireland immediately.

Again, if the permit holder has worked for 1 year, they can apply for another employment permit, like the General Employment Permit or the Critical Skills Employment Permit, if they meet the eligibility criteria.

Overview

The foreign service provider (Contractor) is responsible for making applications for the Contract for Services Employment Permit. The application is made online using the Employment Permit Online System (EPOS).

On the EPOS platform, there is a downloadable user guide that shows the Contractor the documents to submit during the application process.

Note that the DETE must receive the application 12 weeks before the employment starts.

Here are the steps on how to apply for the Contract for Service Employment Permit:

Step 1: Visit the EPOS system and fill out the application form.

Step 2: Gather your supporting documents. You’ll have to submit these on the EPOS portal. The EPOS portal has a document checklist you can use to gather your documents.

Step 3: Pay the permit application fees. You have to pay €500 if the service your company is coming to render will last for 180 days or less. You have to pay €1000 if the service your company will render lasts over 6 months.

If the DETE rejects your application, you will get a 90% refund.

Step 4: After the DETE approves your application, your employees can now visit the Irish Embassy or Consulate in their country and get an entry visa. The application form is on the Irish government’s website.

It is important to note that an employment permit is not the same as an entry visa. It does not permit you to enter Ireland. So, your employees must apply for a visa.

When they get to Ireland, they must register their presence with the Garda National Immigration Bureau. This should be done as soon as they get into the country.

It is necessary to remember that both the employment permit and visa are required by non-EEA nationals.

EEA nationals can freely enter Ireland for work purposes.

Application Stages

For every employment permit application in Ireland, there are 3 application stages.

They are:

Received Application

In this stage, the application was submitted with evidence of application fees paid. Once the officials of the DETE confirm these, they will put your application on the awaiting processing queue based on employment type. The queue could be the Trusted Partner Employer Queue or the Standard Partner Employment queue. The applications are treated by the date of submission.

Processing Stage

A high-ranking DETE official will assess your application and determine if it should be rejected or approved. If you get a mail asking for more information when you apply for this, ensure you respond to the request within 28 days.

Review Stage

You can appeal a refusal. However, you have 28 days to submit a Submission of a Decision for Review Form.

You can reapply for the permit if your initial application is refused. But you have to ensure you fix the issue that caused the refusal. When you apply for review, your application is handled by a more senior DETE official who can either confirm the refusal or approve the application.