Know Your Rights with Femi Daniyan
Generally speaking, persons from non-EEA countries normally need a permit to work in Ireland. Nationals of Switzerland and other European Economic Area (EEA) countries – all 28 EU member states plus Norway, Iceland and Liechtenstein – do not need an employment permit.
The system of applying for employment permits has changed since February 2007. Under the Employment Permits Acts 2003 and 2006, there are now four types of employment permit: work permits; Green Card permits; spouses or dependants' work permits; and intra-company transfer permits. A permit is initially granted for two years, and then renewed for three years. After five years, a work permit may no longer be required.
Persons who have been legally living and working in Ireland for five years on a work permit can apply for long-term residence and exemption from the requirement for a permit, provided that they have no previous serious criminal convictions.
Work permits are usually not granted to employees earning less than €30,000 a year or to those in occupations that are not scheduled by the Department of Jobs, Enterprise and Innovation.
Since June 2009, there have been a number of changes to the eligibility for work permits for first time applicants.
Under this new regime, jockeys, domestic workers and HGV drivers cannot make new applications for work permits. In addition, spouses, civil partners and dependants of new employment permit holders are no longer exempt from the labour market “needs test”, and renewal fees for new work permit holders have been increased.
Since April 2009, work permits have been withdrawn for clerical and administrative staff; general operatives and labourers; operator and production staff; retail sales staff and sales representatives; and hotel, tourism and catering staff (except chefs) – this list is not exhaustive.
The following craft workers or trainees are also not eligible to apply for work permits: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, construction plant fitters, electricians, instrumentation craftsmen, fitters, floor/wall tilers, heavy vehicle mechanics, instrumentation craftsmen, metal fabricators, motor mechanics, painters and decorators, plasterers and plumbers – again, this list is not exhaustive.
It is important to know that the work permit lists of professions needed to apply for a work permit is dynamic and continues to change depending on the needs of the Irish labour market.
Furthermore, an employer or employee can apply for the permit and a “labour market needs test” will be applied. Employers will first have to advertise the position with Fás/EURES for eight weeks, and in the national media for six days, before being allowed to apply for a permit.
When registering the vacancy on Fás/EURES, employers must specify that they may be applying for a work permit, otherwise a work permit may not be granted later.
It is important to note that work permits are granted to the employee and include a statement of rights. Employers are not permitted to deduct recruitment expenses or indeed any other expenses (except those permitted by law, ie taxes or PRSI) from an employee's pay or to hold onto an employee's personal documents.
Have you been offered a job?
Applicants for a work permit must have the qualifications, skills and experience required for the vacancy they wish to fill. They must be directly employed and paid by the employer – applications from recruitment agencies are not allowed. Employers must be trading in Ireland, and registered with the Revenue Commissioners and the Companies Registration Office. Companies may not employ more than 50 per cent non-EEA nationals.
Employees obtaining their first work permit in Ireland are expected to stay with the new employer for 12 months, unless there are exceptional circumstances. After that, they may move to a new employer provided a new application for a work permit has been made for a similar job or to another eligible employment sector.
Employees who are made redundant should notify the Department of Jobs, Enterprise and Innovation. Since August 2009, there have been new provisions for employees from non-EEA countries.
To be continued
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
