General Employment Permit
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General Employment Permit
The General Employment Permit is a key tool used by Ireland to attract workers from outside the European Economic Area (EEA) for jobs experiencing a labour or skills shortage. It replaced the old Work Permit and is more flexible in terms of eligible occupations. All jobs are eligible unless specifically excluded. This permit is attractive because it covers a wide range of occupations and can be issued for up to 24 months.
Key Points:
- Eligibility:
- All occupations are eligible unless listed in the Ineligible List of Occupations. Occupations in the Critical Skills Occupations List are also eligible.
- Application:
- Engaging the services of Work Permit Consultants Ireland can significantly enhance the likelihood of a successful application. are well-versed in the specific requirements and criteria set forth by Irish immigration authorities
- Duration:
- Initially valid for 2 years and renewable for up to 3 more years. After 5 years, the holder can apply for long-term residency.
- Requirements:
- Must have a job offer from a registered and bona fide employer in Ireland.
- The job must not be in an excluded category.
- Certain minimum remuneration criteria must be met (generally €34,000 annually, with some exceptions for specific roles).
The application process is the same for all permits, but the required documents may vary based on the job.
Criteria for Employers:
The Department of Enterprise, Trade and Employment requires that employers meet specific criteria to ensure they are genuine and legal employers who adhere to employment rights. Key criteria include:
- Registration
- Employers must be registered with the Revenue Commissioners and, if applicable, with the Companies Registration Office/Registry of Friendly Societies, and must be actively trading in Ireland.
- Employer-Employee Relationship:
- The prospective employee must be directly employed, salaried, and paid by the employer.
- 50:50 Rule:
At least 50% of the employees in the firm must be nationals of the European Economic Area (EEA). This rule is waived in certain circumstances, such as:
- Start-up companies registered as employers within the last 2 years and supported by Enterprise Ireland or IDA Ireland.
- Employment permits that were in force at the commencement of the 2014 Act.
- Cases where the employer has no employees, and the foreign national will be the sole employee.
Labour Market Needs Test (LMNT) Requirement
The LMNT is generally required for most employment permit applications. However, there are exceptions, including:
- Critical Skills Occupations List:
- Jobs included on this list do not require the LMNT.
- High Remuneration
- Jobs with an annual remuneration of at least €64,000 are exempt, provided they are not on the Ineligible List of Occupations.
- Enterprise Ireland/IDA Ireland Recommendations
- Jobs recommended by these agencies (for their client companies) are exempt. A letter of support should be supplied.
- Careers for Exceptional Medical Needs:
- If the non-EEA national has been providing care and the person has developed high dependence on them.
- Redundancy within 6 Months:
- Applies to non-EEA nationals who held a General Employment Permit or Work Permit Employment Permit, were made redundant after 1 October 2014 and notified the Department within 4 weeks of dismissal.
To fulfill the LMNT, employers must:
- Advertise the position on DSP Employment Services/EURES network for 28 days.
- Post an additional advertisement on an online platform for 28 days.
Criteria for Employers:
- Remuneration and Eligibility:
- Minimum Annual Salary: Generally above €34,000.
- Job Category: The job must not be listed in the Ineligible List of Occupations.
- Qualifications: The prospective employee must have the relevant qualifications, skills, or experience.
- Spouses and Dependents:
- Spouses, dependants, or partners of permit holders are not eligible for a Dependent Employment Permit and must apply separately.
- Initial Employment Period:
- The foreign national must stay with the initial employer for the first 9 months.
- A new employment permit for a different employer cannot be considered within these 9 months unless:
- The permit holder is a medical doctor on a 6-month rotation.
- The permit holder is made redundant.
- Unforeseen circumstances significantly change the employment relationship.
- After 9 months, the permit holder can change employers, provided a new application for a General Employment Permit is made.
These conditions ensure a balance between the employer’s and employee’s expectations and provide flexibility for certain exceptional circumstances.
Long-Term Holders of Employment Permits
- Eligibility for Stamp 4
- Non-EEA nationals with valid Work Permit Employment Permits or General Employment Permits for 5+ years who have been working lawfully may not need a new Employment Permit.
- Such individuals can contact the Department of Justice to apply for a temporary Stamp 4, which allows work without an Employment Permit.
- Renewal Criteria:
- If the applicant does not meet the criteria for Stamp 4, they still need an Employment Permit to work.
- For those in continuous employment with the same employer for 5+ years, they can apply for a Renewal Employment Permit of unlimited duration without a fee.
- If not with the same employer for 5+ years, they can apply for a Renewal Employment Permit for up to 3 years, with applicable fees.
This policy provides a path for long-term permit holders to potentially work without needing continuous Employment Permits, given they meet specific criteria.