Dependant/Partner/Spouse Employment Permit

An Irish employer intending to employ a Dependant/Partner/Spouse Employment Permit holder must meet the general terms and conditions set out for employers. Such terms and conditions intend to ensure that the employer is a genuine and legal business/organisation or eligible individual, to further assure that the rights of employees as recognised by the State will be adhered to.

The Department of Business, Enterprise and Innovation has specified a number of criteria for assessing employers:

• Applications are accepted only from employers registered with the Revenue Commissioners and, where applicable, with the Companies Registration Office/Registry of Friendly Societies
• Employers must be currently trading in the State
• An employer-employee relationship must exist where the prospective employee concerned will be employed, salaried and paid directly by the employer
• The employer must have at least 50% or more employees who are EEA nationals. An employment permit will not be issued otherwise, unless:
  • The employer has no other employees on the date of the application, and the foreign national will be the sole employee

An exception to the 50:50 Rule will also apply at renewal provided the foreign national permit holder remains a sole employee.

The required supporting documents include:

• Proof of an existing job offer in Ireland, which must be for a minimum of 10 hours per week, and pay at least the Irish national minimum wage
• Employer details
• Employee details
• Details of employment
• Pay details
• A letter from the employer of the CSEP holder/researcher on a Hosting Agreement family member, dated within the three months preceding the date of receipt of the Dependant/Partner/Spouse Employment Permit application, confirming that the CSEP holder/researcher is still in employment with them along with their job title

Applications for employment permits must be received at least 12 weeks before the proposed employment start date.

You will need to apply online for a Dependant/Partner/Spouse Employment Permit on the Employment Permits Online System (EPOS). There is a user guide document on the DETE website to help you navigate through the process, which also provides details of the documentation requirements for each employment permit type.

To begin with, please ensure that you have access to a scanner or camera to create electronic copies of required documents, to upload on the application website.

Next, please choose the employment permit form as applicable in your case from the website, such as the ‘Dependant/Partner/Spouse Employment Permit – Standard Employer (New)’ form or the ‘Dependant/Partner/Spouse Employment Permit – Trusted Partner (New)’ form.

Alternatively, to renew your employment permit, you must choose either the ‘Dependant/Partner/Spouse Employment Permit – Standard Employer (Renewal)’ form or the ‘Dependant/Partner/Spouse Employment Permit – Trusted Partner (Renewal)’ form, as applicable.

You will have to provide your current passport number, passport expiry date, and your name in the relevant fields first. Once these details are provided, the website will redirect you to the main form page, which comes with detailed instructions regarding how to fill up and submit the same.

Once an application is submitted for a Dependant/Partner/Spouse Employment Permit, it will be placed in the relevant processing queue depending on the employer type (i.e. Trusted Partner or Standard). All applications are processed in chronological order by employer type. You can check the progress of your application online.

Next, an official with decision-making authority will consider your application. They may notify you if they require additional information to process your application. Please share the same with them within 28 days.

The processor will then either grant your application, or refuse the same for specific reasons.

There is no application or renewal fee for a Dependant/Partner/Spouse Employment Permit.

You must inform the Garda National Immigration Bureau (GNIB) if your employment permit application is successful.

Please check with GNIB if you need to update your current permission to remain in Ireland.

To appeal for a review of the refusal decision, please do so within 28 days on the prescribed ‘Submission of a Decision for Review Form’. The review will be considered by a more senior official.

If the refusal decision stays even after the review, you will need to submit a new application following the relevant procedures.

The validity of a Dependant/Partner/Spouse Employment Permit depends on the validity of the CSEP holder’s or researcher’s permit.

A Dependant/Partner/Spouse Employment Permit can only be renewed till the:

• expiry of the employment permit of the CSEP holder, or
• expiry of the immigration stamp of the researcher on a Hosting Agreement, or
• expiry of the immigration stamp of the family member who was previously a CSEP holder/researcher on a Hosting Agreement, and has now received permission from the Department of Justice and Equality to reside and work in the State without an employment permit

A Dependant/Partner/Spouse Employment Permit can only be renewed for a maximum period of three years in all the above scenarios.

A renewal application can be made online on EPOS within four months prior to the expiry of the existing permit or within a month of its expiry. You will need to submit the information and documentation as mentioned on EPOS.

If you have held a valid Dependant/Partner/Spouse Employment Permit for a consecutive period of five years or more, you should reach out to the Department of Justice and Equality to apply for a temporary Stamp 4. If you are granted the same, you will not require an employment permit to work in Ireland.

However, if you fail to meet the qualifying criteria for a temporary Stamp 4, you must apply for further renewal of your Dependant/Partner/Spouse Employment Permit or for another employment permit type, subject to your eligibility and personal circumstances.

The first-time holder of a Dependant/Partner/Spouse Employment Permit is expected to stay with the initial employer for a period of 12 months. A new employment permit application for a different employer will not be considered if the permit holder has worked for less than 12 months pursuant to the issue of an employment permit.

However, a Dependant/Partner/Spouse Employment Permit holder may be allowed to change employer if:

• They have been made redundant by their employer
• Unforeseen circumstances have arisen since the permission was granted, which have fundamentally changed the employment relationship

Transfer of Undertakings for Dependants

A Dependant/Partner/Spouse Employment Permit holder can change their employer in cases where a transfer of employment has taken place under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI No 131 of 2003).

Section 24(1) Employment Permits Act 2006 states that if a non-EEA national ceases to be employed by their employer during the validity period of their Dependant/Partner/Spouse Employment Permit, they must return the permit and the employer’s certified copy to the DETE within four weeks from the date of cessation.

The status of such returned permits will be changed to ‘Cancelled’ in the Employment Permits Management System, and they will no longer be valid.

Employees as well as employers who fail to comply with this rule are guilty of an offence.