Ireland General Work Permit

How does the labour market needs test work?

In order to ensure that foreign nationals looking to work in Ireland are only filling jobs that Irish or EEA citizens cannot fill, all employers must first carry out a labour market needs test.

This involves advertising the vacant position on the Department of Social Protection Employment Services recruitment website for a minimum of 4 weeks.

Also, the position must be advertised on at least one national newspaper and one recruitment website for at least 3 days. The advert must contain:

• The employer and business name;
• A description of the duties of the role;
• The skills and experience required for the role;
• The name of the employer;
• The location of the job; and
• The salary being offered.

If there are no suitable applications from Irish or EEA citizens during this time, the employer can then proceed to apply for a work permit on behalf of the foreign national.

The whole process is designed to protect the interests of Irish workers and ensure that non-EEA citizens are filling only genuine skills shortages.

Where the labour market needs test is not required

There are a number of circumstances in which the labour market needs tests not to have to be carried out. These include:

• Where the position being filled is on the highly skilled occupations list;
• Where the annual salary for the position being filled is at least €64,000;
• Where the position being filled is in an occupation that falls within the eligible occupations list;
• Where the position being filled is on the intracompany transfer list.

The ‘50:50’ rule is a condition that applies to certain occupations on the critical skills occupations list.

The rule requires that, when applying for the permit, 50% or more of the employees working in the company in Ireland are EEA nationals.

Though, there are some exceptions to this rule. These exceptions are:

• The company is new to the Irish market and is, therefore, not in a position to meet the 50% requirement; or
• The employment permit was granted before the coming into operation of the ‘50:50’ rule on 1 October 2014; or
• The employment permit was granted in relation to a job that the ida Enterprise Ireland has designated as being in an area of skills shortage.

The general employment permit application must be made online through the Employment Permits Online System

The system will guide you through the process and generate the necessary forms, which must be printed out, signed, and dated.

Here are the steps you need to take:

Step One: Register as a user on the Employment Permits Online System

The first step is registering as a user on the Employment Permits Online System. You will need to create a username and password and provide some basic contact details.

Once you have registered, you will be sent an email confirming your registration. You will then be able to log in to the system and begin your application.

Step Two: Login to the Employment Permits Online System

Once you have registered as a user, you can log in to the system using your username and password.

Once you have logged in, you will be taken to the homepage of the Employment Permits Online System.

Step Three: Begin your application

Click on the ‘Apply for a new permit’ link to begin your application. You will then be taken to the ‘Select application type’ page.

On this page, you will need to select ‘General Employment Permit’ from the list of options and click on the ‘Proceed’ button.

You will then be taken to the ‘Application details page. On this page, you will be asked to provide some basic information about the position you are applying for, such as the job title and a brief description of the duties.

You will also be asked to provide some personal details about the applicant, such as their name, date of birth, and nationality.

Step Four: Attach supporting documentation

Once you have completed the Application details page, you will need to attach all of the required supporting documentation to your application. The list of required documents can be found on the Supporting documentation page.

Step Five: Application fee

Once you have attached all of the required supporting documentation, you will need to pay the application fee of €1,000.

The application fee can be paid online through the Employment Permits Online System using a credit or debit card.

Step Six: Submit your application

Once you have paid the application fee, you will be able to submit your application. Once your application has been submitted, you will be given a reference number which you can use to track the progress of your application.

There are up to three stages in the passage of an employment permit application:

• Application received (awaiting processing): An email or letter will be sent to the applicant acknowledging receipt of the application and confirming the reference number. This usually happens within ten working days of the application being submitted.
• Application processing: The next stage is when your application is being processed by a decision-maker in the Department of Jobs, Enterprise and Innovation. You can check on the progress of your application by logging in to the Employment Permits Online System and entering your reference number.
• Application decided: The final stage is when a decision has been made on your application and you have been notified of the outcome. If your application is successful, you will be issued with an employment permit. If your application is unsuccessful, you will be given the reasons for the decision and you will have the right to appeal the decision.

Once you have applied for the general employment permit, you will need to wait for a decision to be made on your application.

The processing time for applications can vary depending on the type of job and the number of applications received.

If your application is successful, you will be issued with an employment permit. The valid employment permit will last for a specific period of time and will allow you to work in the specified job for the duration of the permit.

Immigration and registration

The general employment permit holder will need to register with the Irish Naturalisation and Immigration Service (INIS) within 30 days of receiving your employment permit. You can do this by completing an online registration form on the INIS website.

After you register with INIS, you will be issued a registration certificate. The registration certificate will allow you to reside and work in Ireland for the duration of your employment permit.

The general employment permit is valid for a specific period of time and can be renewed. The initial duration of the permit will depend on the length of the employment contract.

The general employment permit can be renewed for three years, provided the employee continues to meet the eligibility criteria.

Changing or losing your job

If you change jobs while you have a general employment permit, you will need to apply for a new permit. The new permit will be valid for the remainder of the original permit period.

You can apply for the new permit online through the INIS website. You will need to provide some personal information, such as your name and address, as well as some information about your new job and employment permit.

You will also need to pay the application fee for the new permit. The fee can be paid online through the INIS website using a credit or debit card.

If you lose your job while you have a general employment permit, your permit may no longer be valid. You will need to notify the Department of Enterprise, Trade, and employment within 28 days of losing your job, giving you 6 months to look for another job. You can also apply for a Reactivation Employment Permit.

Fees for new applications for General Employment Permits

The fee for a new application for a general employment permit is €500 for up to 6 months and €1,000 for 2 years. The fee can be paid online through the INIS website using a credit or debit card.

Fees for renewals of General Employment Permits

The fee for a renewal of a general employment permit is €750 for 6 months and €1,500 for 3 years. Payment is also made through the INIS website using a credit or debit card.

When you submit your application for the general employment permit, you will need to provide some documents. The documents you will need to provide depend on your individual circumstances.

You may need to provide:

• Your passport or other travel documents.
• A copy of your birth certificate.
• A copy of your marriage certificate (if applicable).
• A copy of your divorce certificate (if applicable).
• A copy of your employment contract.
• A copy of your qualifications.
• Proof of your English language ability.
• Passport-size photographs.
• Details of a contact person.
• Proof your employer has advertised the job.
• The general employment permit application form.

If you are not an EU/EEA member or Switzerland national, you will need to apply for a residence permit. The residence permit will allow you to live and work in Ireland for the duration of your employment permit.

You can apply for a residence permit online through the INIS website. You will need to provide some personal information, such as your name and address, as well as some information about your job and employment permit.

You will also need to pay the application fee for the residence permit. Once you have applied for the residence permit, you will need to wait for a decision to be made on your application.

For those in highly skilled occupations, there is a fast-track application process for the Critical Skills Employment Permit.

This permit is valid for two years and there is no limit on the number of renewals. To be eligible, applicants must:

• Have a job offer from an Irish employer for a role that features on the Highly Skilled Occupations List
• Have been offered an annual salary of at least €60,000
• Hold a relevant level eight or higher qualification OR, in some cases, have at least five years’ relevant experience
• Meet the general requirements for employment permits, including a labour market needs test

If you have a general employment permit, you may be able to bring your family members to live with you in Ireland after 1 year has elapsed since the issuance of your permit. First, however, your family members will need to apply for a Family Reunification visa.

They will also need to meet the general eligibility criteria for the visa, which include having a valid passport, proof of family relationship, and proof of financial support.