As the Irish labour market becomes increasingly global, hiring non-EEA (European Economic Area) nationals has become a key part of many organisations’ recruitment strategies. However, employing individuals from outside the EEA and Switzerland requires strict compliance with Irish immigration and employment laws — notably the Employment Permits system.
Types of Employment Permits
The Irish Government, through the Department of Enterprise, Trade and Employment (DETE), issues several types of employment permits. There are nine different work permit options available although the most common are:
- Critical Skills Employment Permit: Designed to attract highly skilled workers in occupations experiencing shortages, such as ICT professionals, engineers, and healthcare workers. This permit is valid for 2 years and can lead to residency without further permits.
- General Employment Permit: Available for occupations not on the Critical Skills list but still requiring a permit. It typically requires a Labour Market Needs Test and is issued for 2 years initially.
- Intra-Company Transfer Permit: For multinational companies transferring employees to their Irish operations on a temporary basis.
Other permits include the Contract for Services Permit, Internship Employment Permit, and the Sport and Cultural Employment Permit.
When Is a Work Permit Required?
A work permit is required for most non-EEA nationals who wish to work legally in Ireland, with some exceptions:
- EEA and Swiss citizens do not need a permit.
- Non-EEA spouses or dependants of Irish or EEA nationals may not need one, depending on their status.
- Students on certain visas may work part-time but have limitations.
Employers are legally responsible for ensuring the appropriate permit is in place before employment begins.
Employer Obligations
Employers must:
- Ensure the role is eligible for a permit. The Ineligible List of Occupations for Employment Permits provides details of what roles in respect of which an employment permit shall not be granted
- Offer terms and conditions that comply with Irish employment law (e.g., pay, hours, leave). Please ensure the same company name is used across all documents submitted as errors will cancel the work permit.
- Keep records of employment permits and renewals.
- Notify the Department if employment ends prematurely.
For General Employment Permits, employers must typically show that they were unable to find a suitable EEA candidate, usually through a Labour Market Needs Test, which involves advertising the job on EURES for at least 28 day days before a valid application can be submitted.
Permit Application Process
Applications are usually made online through the Employment Permits Online System (EPOS) and can be submitted by either the employer or the employee. Key documents include:
- A copy of the job offer/contract
- Details of the business
- Proof of labour market testing (if required)
- Passport details of the applicant
Processing times vary but typically range from 4 to 8 weeks. Fees depend on the type and duration of the permit (e.g., €1,000 for a two-year General Employment Permit).
Risks of Non-Compliance
Employing someone without a valid permit can lead to:
- Fines and / or legal action up to €250,000 and 10 years’ imprisonment
- Reputational damage
- Barriers to future permit approvals
It is essential for Employers to establish a robust immigration compliance process, including regular permit tracking and renewals.
Conclusion
Work permits play a vital role in accessing global talent, but they come with serious responsibilities. A proactive, compliant approach ensures not only legal adherence but also a smoother employee experience. Partnering with legal experts or immigration consultants can further reduce risk and streamline the process.
Additionally, FAQ’s published by the Department of Enterprise, Trade and Employment on work permits can be found here.
As a member of ISME you’ll find further details and resources in relation to work permits on our website at https://isme.ie/members-area/hr-hub/recruitment/
