Changes to Work Permits Arrangements, April 2009

Q. 1) I am an employment permit holder, or 2) I have applied for an employment permit before 1 June 2009Am I affected by the changed eligibility requirements for new permits?

A. The changed eligibility requirements do not affect you – they apply only to first-time permit applicants who apply on or after 1 June 2009. (However, the new procedures for permit holders placed on short-time working, or made redundant, apply with effect from 1 June 2009 in respect of all current or future permit holders).

Q. I am an existing work permit holder, or I submitted my work permit application before 1 June 2009. Am I affected by fee changes?

A. No – fees will remain unchanged at €1,000 for a new work permit for up to 24 months, and €1,000 for the renewal of a work permit for up to 24 months (€1,500 for up to 36 months).

Q. I am an existing work permit holder, or I submitted my work permit application before 1 June 2009. Does my job have to be advertised at the time my permit is due for renewal?

A. No – permit holders who were permit holders before 1 June 2009 will not have a labour market needs test applied when seeking to renew permits for the positions they currently hold.

Q. What’s different about the new arrangements?

A. While work permits will continue to be made available for jobs in eligible job categories, there are revised conditions in respect of the following:

• New arrangements applying to first time new work permit applications received on or after 1 June 2009

• New arrangements for applying for future renewal of these permits (including revised fees),

• Spouses/Dependants of first time new work permit applications received on or after 1 June 2009 cannot be considered for an employment permit under the spousal/dependant scheme

• Labour Market Needs Test - A vacancy, in respect of which an application for a work permit is being made, must be advertised with the FÁS/EURES employment network for at least 8 weeks and additionally in local and national newspapers for six days. This is to ensure that the vacancy has been advertised in the local and wider EEA labour market, and that in the first instance a national of the EEA or Norway, Iceland, Liechtenstein and Switzerland, or in the second instance a national of Bulgaria or Romania, cannot be found to fill the vacancy. Evidence that this has been done must be included with the application. Applications should not be submitted unless the Labour Market Needs Test has been completed.

• New arrangements for all work permit holders placed on short-terming working.

• New arrangements for all Work permit holders who have been made redundant.

Q. Have changes been made to the job categories eligible for new work permits?

A. Yes – the occupations of work riders (horse racing), domestic workers (including Carers in the Home and Childminders) and heavy goods vehicle (HGV) drivers are no longer eligible for new work permits. Existing permits for jobs in these categories will continue to be eligible for renewal.

Q. Will work permits continue to be granted for jobs paying less than €30,000 per annum?

A. No - only in exceptional cases will the Department consider applications for new permits for jobs paying under €30,000 per annum.

Q. Has the labour market needs test been changed?

A. Yes - the labour market needs test now requires advertisement of the job vacancy for 8 weeks with FÁS/EURES plus 6 days advertising in the local and national newspapers, so as to allow the maximum opportunity for the position to be filled from within the Irish labour market and wider EEA.

Q. Are there revised fees for new work permits?

A. No - the fee for new work permit applications received on and after 1 June 2009 will remain unchanged at €500 for up to six months and €1,000 for 6 to 24 months.

Q. Are there new fees for the renewal of work permits?

A. Yes - The renewal of work permits where the foreign national’s first time permit application was received on or after 1 June 2009 will be subject to a renewal fee of €1,500 for up to a 24-month permit (€2,250 for up to 36 months).

Q. Are there new conditions for the renewal of work permits?

A. Yes - Where the foreign national’s first time employment permit application was received on or after 1 June 2009,work permit applications will be subject to a labour market needs tests at both first application and renewal stages.

Q. I am a Work Permit holder. Can my Spouse and Dependants work?

A. Yes once they are legally resident in the State on the basis of being your Spouse or Dependant, and you applied for your first Work Permit before 1 June 2009, they are free to seek employment and to apply for a Spousal/Dependant work permit provided they full fill the criteria for a spousal/dependant work permit.

However, if you applied for your first Work Permit on or after 1 June 2009, your Spouse or Dependant cannot be considered for an employment permit under the spousal/dependant scheme. They would require a work permit in their own right and the normal procedures would apply for a work permit.

Q. I am work permit holder who has been placed on short-time working. Am I eligible to have my permit renewed even though I am working fewer hours?

A. The Department will consider applications for the renewal of work permits received in respect of employees placed on short-time working during the currency of their work permit. Applications will be considered on a case-by-case basis.

Q. What happens if I am made redundant while I am a work permit holder?

A. You should notify the Employment Permits Section of the Department when you are informed of your redundancy. If your permission to remain in Ireland allows, you will have up to six months from the date of your redundancy to seek alternative employment. A labour market needs test will not be required in respect of any subsequent work permit application you make. If the job from which you were made redundant was among the list of ineligible job categories, you will be entitled to apply for a new work permit for a position from that ineligible list, if you so wish.

Q. What happens if I cannot get another job within six months of being made redundant?

A. If you cannot get another job within six months of being made redundant you should contact the immigration authorities to establish your immigration status beyond that period. Should you opt to leave the country, and are later successful in getting another job offer in Ireland, you are free to apply for a new employment permit.

Employment Permits Section

April 2009