Know Your Rights with Femi Daniyan
Do you need a visa?
If you require a visa, you must obtain it before travelling to Ireland. The nearest Irish embassy or consulate can advise whether a travel visa is required.
All non-EEA nationals (except Swiss citizens) must register with the local immigration office in the area where they plan to live in Ireland. In Dublin, they must register at the Garda National Immigration Bureau. Outside Dublin, they may register at the local Garda district headquarters.
Can you bring your dependents?
Workers may be able to bring their family to live in Ireland after legally working here for a year on a work permit, as long as they can provide that they can support them. If you applied for a work permit after 1 June 2009, your family are not eligible to apply for a spousal/dependant work permit, but may apply for a work permit in their own right.
If you are a non-EEA national, you do not need a work permit if you:
- have permission to remain as the spouse, civil partner or dependant of an Irish or EEA national (except Bulgarian and Romanian nationals);
- are a Swiss national;
- have been granted refugee status;
- have permission to stay as the parent of an Irish citizen;
- have specific permission to live and work in Ireland;
- have permission to set up a business in Ireland;
- are a registered student; or
- hold a work authorisation or working visa.
Reasons for refusal of work permits
It is important to watch out for the following issues that can be detrimental to your application. You will be refused a work permit if you:
- entered the State on the basis that you were not taking up employment (for example, as a visitor);
- are in the State illegally or no longer comply with the conditions of admission;
- have been asked by the authorities to leave the State;
- are being deported; or
- are seeking employment with a non-EEA or Swiss employer operating in the State without business permission from the Minister for Justice.
Are you a student?
Students must be able to maintain themselves while studying here and will not be given permission to work unless they are attending a full-time course lasting at least a year and leading to a recognised qualification. Certain non-EEA graduates may be allowed to stay in Ireland for up to a year to find work under the recently introduced third level graduate scheme.
Other categories
There are special arrangements for work permit applications for professional sports players, and for nurses and doctors. Since June 2006, people on a working holiday authorisation can no longer transfer to a work permit. And in general, applicants for refugee status in Ireland are not entitled to work.
Finally, if you are affected in any way by the issues raised in this article and would like legal advice, please consult your local solicitor.
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.
