Reactivation Employment Permit Ireland

The Reactivation Employment Permit Scheme is generally intended for individuals who entered Ireland with a valid Employment permit but, through no fault of their own, fell out of the system and remained in Ireland without legal residence status. It provides a route back into legal residence status and Irish employment for past Employment permit holders who are still in Ireland.

There are also a number of other circumstances in which a Reactivation Employment permit may be appropriate, such as if you currently hold a Spousal/Dependant Employment permit and have separated from your partner.

In order to be eligible for this scheme, you will need to already have an offer of employment from an eligible Irish employer for a job which pays at least the Irish national minimum wage.

Upon receiving a Reactivation Employment permit, you will generally be expected to remain with the sponsoring employer for at least 12 months, unless there are exceptional circumstances.

Generally, the Reactivation Employment permit lasts for a period of up to 24 months and may be extended for up to another 3 years, after which point Reactivation Employment Permit holders will generally be able to apply for long-term residency status.

Page Contents

• What is the Reactivation Employment Permit Scheme?
• Eligibility for a Reactivation Employment Permit
• Ineligibility for a Reactivation Employment Permit
• Key Requirements for a Reactivation Employment Permit
• Employer Requirements for Reactivation Employment Permits
• Employee Requirements for Reactivation Employment Permits
• Required documents for Reactivation Employment Permits
• How to Apply for a Reactivation Employment Permit?
• Application Cost for Reactivation Employment Permit
• Processing Time for Reactivation Employment Permit
• What if Your Application is Approved?
• What if Your Application is Rejected?
• How to Renew the Reactivation Employment Permit in Ireland?
• Residency in Ireland
• Change of Circumstances on Reactivation Employment Permit
• Change Employers on Reactivation Employment Permit
• Cancellation of Reactivation Employment Permit
• How Can IAS Help?
• Frequently Asked Questions

When applying for a Reactivation Employment permit, there are a number of eligibility criteria which you will be expected to satisfy. Firstly, you must fall into one of the following categories:

• You previously held an Employment permit but, through no fault of your own, fell out of the system and lost your immigration status, and remained in Ireland after losing your status
• You have a Spouse or Dependant Employment permit but have had a change of circumstances, such as separation, and the Minister of Justice is satisfied on a discretionary basis that a Reactivation Employment permit would be appropriate in your case
• You have a new Reactivation Employment permit but have been made redundant (in which case, you will have 6 months in which to find a new position, at which point you can apply for a new Reactivation Employment permit)
• You have a new Reactivation Employment permit but wish to change employer and have exceptional reasons for wanting to do so (such as workplace abuse)

There are also a number of employee and employer eligibility criteria which must be satisfied. These are discussed later in this article.

There are a number of situations in which you will not be eligible for a Reactivation Employment permit. These are as follows:

• You have already received a Reactivation Employment permit (unless there are exceptional circumstances, such as redundancy or an unforeseen change in your employment relationship)
• You entered Ireland as either a student or visitor and have never held an Irish Employment permit
• You entered Ireland on a Temporary Employment permit but remained in Ireland upon the expiry of your permit. This is because Temporary Employment permits are granted on the understanding that the work in question is temporary and that the holder will leave Ireland once the work ends
• You previously had an Irish Employment permit but left Ireland, or you previously had an Employment permit and Stamp 1 permission but changed to a different immigration stamp

There are a number of requirements which you must satisfy when applying for and maintaining status on a Reactivation Employment permit.

You will need to receive a temporary Stamp 1 and possess a ‘Reactivation Employment Permit’ letter from the Department of Justice. You can apply for this permission via the Immigration Service Delivery (ISD).

Additionally, you will need to have an offer of employment from an eligible Irish company and the pay being offered must be at least the Irish minimum wage. You will also generally need to remain with that company for at least 12 months after starting employment, except in certain exceptional circumstances.

You must also be unemployed at the point at which you apply for your Reactivation Employment permit.

When applying for an Irish Reactivation Employment permit, you will need to have an offer of employment from an eligible Irish employer. In order to be eligible, the employer must satisfy the following criteria:

• They must be registered with the Revenue Commissioners and, if applicable, with the Companies Registration Office/Registry of Friendly Societies. The company must currently be trading within Ireland
• There must be a formal employer-employee relationship in the sense that you must be salaried and directly employed by the employer in question
• At least 50% of employees in the firm in question must already be EEA nationals, except in cases where there are no existing employees and you would be the sole employee of the company

Note that no Labour Market Needs test is required in the case of Reactivation Employment permit cases.

For further information on whether the company in question is an eligible sponsor for a Reactivation Employment permit application, contact IAS today.

There are also a number of employee requirements which must be satisfied when applying for a Reactivation Employment permit. These are as follows:

• You have a job offer from an eligible Irish employer which pays at least the national Irish minimum wage. Note that you will be expected to stay with this employer for at least 12 months, except in certain cases, such as redundancy or unforeseen changes in the employment relationship
• You have the relevant qualifications and/or experience for the role in question
• You previously entered Ireland with a valid Employment permit
• You are not currently working in Ireland
• You hold a temporary Stamp 1 and possess a ‘Reactivation Employment Permit’ letter from the Department of Justice. Note that you can apply for this permission via the Immigration Service Delivery (ISD)

There are a number of documents which you will need to submit when applying for a Reactivation Employment permit. These are generally as follows:

• Completed application form
• Valid passport
• Copies of your previous Work permits
• ‘A Reactivation Employment Permit’ letter from the Department of Justice
• Details of the circumstances surrounding your loss of employment status

Failure to provide sufficient evidence as part of your application is likely to result in an unsuccessful outcome, so it is important to gather the necessary documentation before applying.

Before applying for the Reactivation Employment permit, you should first apply to the Immigration Service Delivery for temporary stamp 1 status and a ‘Reactivation Employment Permit’ letter from the Department of Justice.

Once you have obtained this permission, you can submit your application for a Reactivation Employment permit online, via Employment Permits Online. You should submit your application at least 12 weeks before the proposed start date of the role for which you have an offer of employment.

Once you have submitted your application, it will then be processed. You may be asked to provide additional information, in which case you should make sure to do so within 28 days.

In the event that your application is successful, you will then be granted a Reactivation Employment permit, allowing you to resume legal work in Ireland.

When applying for a Reactivation Employment permit, you will generally need to pay an application fee. The fee depends on the duration of the permit in question.

For a Reactivation Employment permit with a duration of up to 24 months, the fee is €1,000. For a permit with a duration of up to 6 months, the fee is €500.

Waivers may sometimes be available.

Note that if your application for a Reactivation Employment permit is unsuccessful then 90% of your fee will be refunded. While a third party may pay the application fee, refunds are currently restricted to the applicant only. This means that if, for example, the prospective employer pays the fee, any subsequent refund would still be returned to the permit applicant.

In general, you should receive a response to your application within 1 month. However, times may vary depending on how many other applications are simultaneously being processed and whether or not you are asked to provide additional information.

In the event that you are asked to provide additional information, you will have 28 days in which to do so, which could lead to delays. As such, you should make sure to provide any information which is requested as quickly as possible.

If your application is approved then you will be granted a Reactivation Employment permit and will now be able to legally work within Ireland for your sponsoring employer. You will be able to do so for an initial period of up to 24 months and with the possibility of extension.

However, note that obtaining your permit does not automatically grant you residency status within Ireland. In order to obtain residency status, you will need to register with the Garda National Immigration Bureau as soon as possible.

Once you have lived in Ireland for 5 years, you may be able to apply for permanent settlement status and eventually for Irish citizenship.

If your application is refused then you have 28 days to request a review. Your review will then be handled by a new, more senior official.

In the event that the refusal is upheld, you will still be able to submit a new application, making sure to address the reasons for the original refusal.

If you wish to renew your Reactivation Employment permit, you can do so by applying via Employment Permits Online on the Department of Enterprise, Tourism and Employment website.

You should make sure to submit your application within 16 weeks (4 months) of the date of expiry of your current permit.

The Reactivation permit which you are initially granted will be valid for a period of up to 24 months, after which period you can extend it for up to another 3 years. After this point, you should generally be able to apply for permanent settlement status within Ireland.

It is important to note that obtaining an Irish Employment permit does not automatically grant Irish residency. In order to obtain residence permission, permit holders will need to register with the Garda National Immigration Bureau. It is recommended that permit holders register with the bureau as soon as possible after receiving their permit, in order to avoid complications with future applications for permanent settlement or citizenship status. You should also make sure to renew your residency permission before its expiry in order to avoid losing legal permission to reside within Ireland.

In the event that your employment circumstances change through no fault of your own – if you are made redundant, for example – you should make sure to inform the Employment Permit Section of the Department of Enterprise, Trade and Employment. You will then be granted 6 months in which to find alternative employment within Ireland.

Once you have obtained a new offer of employment, you will then be able to apply for a new Reactivation Employment permit.

In general, you are not able to change employers for at least the first 12 months after receiving a Reactivation Employment permit. However, there are certain circumstances in which exceptions may be made. If you are made redundant, for example, you will be permitted to change employers. You may also be able to change employer if there are unforeseen changes in your relationship with your employer – if workplace abuses occur, for example.

In the event that you cease to be employed by your current employer during the validity period of your Reactivation Employment permit, you will be required to return your permit to the Department of Enterprise, Trade and Employment within 4 weeks of ceasing to work for your employer. Failure to do so is an offence within Ireland.

Once you return your permit to the Department of Enterprise, Trade and Employment, the status of your permit will be changed to Cancelled on the Employment Permits Management System. The cancelled permit can no longer be used as a valid Employment permit and a new permit must be obtained in order for you to continue working within Ireland.