Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? Irish immigration authorities have clarified their policy that non-EEA travelers who intend to seek temporary permission at the border to work in Ireland for up to 14 days must limit it to one 14-day working trip per 90-day period.
What does the change mean? The policy applies to foreign nationals who require an entry visa as well as foreign nationals who are waived from needing entry visas. Travelers should expect border officials to enforce the new limitation and anticipate that they will no longer be able to make multiple working trips during a 90-day period. The granting of temporary permission will be at the discretion of the immigration officer at the border.
Analysis & Comments: The temporary work permission granted at entry permits non-EEA travelers to work in Ireland for up to 14 days. The new restriction only applies to travelers who are availing themselves of the 14-day working permission, not to those traveling for business purposes; however, business travelers should note that the visa does not guarantee entry and border officers may exercise their discretion to deny entry even to those holding a visa. If non-EEA travelers wish to work for more than 14 days in a 90-day period, they must apply for work permission.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? Ireland has announced a new program to allow certain undocumented individuals to apply for permission to remain in the country.
What does the change mean? The new scheme is open to non-EEA nationals in Ireland who held a valid student permission between Jan. 1, 2005, and Dec. 31, 2010, and who subsequently failed to obtain an alternative immigration permission. Successful applicants will be granted an Irish Residence Card Stamp 4S permission that will allow them to live and work in Ireland for two years without needing to obtain an Employment Permit. At the end of the two-year period, applicants will be granted a Stamp 4 permission for one year if they can show that they have complied with the terms of the temporary stamp 4S conditions.
Analysis & Comments: Employers or undocumented individuals who wish to take advantage of the program should be sure to submit an application while the scheme remains open.
What is the change? A report by the Inter-Departmental Group Review of Economic Migration Policy recommends several changes to Ireland’s employment permit regime.
What does the change mean? Among the recommendations is the introduction of a seasonal employment permit to fill labor shortages and a more responsive system for allowing employment permits to be issued for occupations with skills shortages. Under the current system, the government conducts a review of the list of highly skilled and ineligible occupations twice a year.
Additional recommendations: The report proposed a new process for reviewing the highly skilled and ineligible occupations lists. Currently, the Department of Business, Enterprise and Innovation conducts a twice-yearly review of the two lists, largely based on industry research, sectoral reports and public consultation. The new approach, if approved, would allow various government departments to take the lead in proposing changes to the occupations lists for industries where a particular department has clear lead policy responsibility. The idea of creating a positive “eligible occupations” list was also put forward.
The report also details, among other things, potential changes to the following areas:
What is the change? The Irish Naturalisation and Immigration Service has published a cutoff date of Nov. 9 for foreign nationals in Ireland to apply for re-entry visas if they plan to travel for the Christmas holidays.
What does the change mean? Those applying by post must apply by Nov. 9 to obtain a re-entry visa in time to travel on or before the Christmas holidays.
Background: A re-entry visa is a multiple-entry visa that may be obtained by foreign nationals after they have moved to Ireland and secured an Irish Residence Permit, or IRP card. Before foreign nationals may apply for a re-entry visa, they must register to obtain their IRP permission.
Analysis & Comments: Foreign residents in Ireland planning to travel abroad for Christmas should not wait until the last minute to apply for re-entry visas, and those applying by mail must apply by Nov. 9.
Employment permit applicants are facing lengthy processing delays of several weeks due to a high volume of applications.
Key points:
Additional information: Processing delays are common during the summer vacation period, but the delays have grown worse this year. According to Jane Pilkington, a partner with Mason Hayes & Curran in Dublin, any employer who can qualify for Trusted Partner status should consider that option, because even though processing is slower than usual, the Trusted Partner queue is faster than standard processing.
BAL Analysis: Irish employers and foreign nationals should be aware of the delays and may need to adjust work start dates and travel schedules for new employees. Existing employees in Ireland who need a temporary stamp to prevent a lapse in residence permission should plan to book their GNIB appointment as far in advance as possible.
This alert has been provided by the BAL Global Practice group and our network partner Mason Hayes & Curran in Ireland. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Ireland has begun accepting applications for work authorization from applicants for international protection.
What does the change mean? Applicants are eligible to access the Irish labor market under the new program if they (1) are applying for international protection, (2) have not received a first instance recommendation within eight months after submitting an application and (3) have cooperated with the international protection process such that any delays in receiving a decision are not their fault. Successful work authorization applicants will be given an employment permit valid for six months, renewable if they still have not received a final decision on their international protection at the end of that time. The application for labor market permission is available here.
Background: Ireland’s Supreme Court struck down the country’s ban on work authorization for asylum seekers last year. Justice Minister Charlie Flanagan accepted a recommendation to opt in to the EU (recast) Reception Conditions Directive (2013/33/EU) as a means of complying with the court judgment and providing work authorization to international protection applicants.
Authorities implemented interim measures to provide asylum seekers access to the labor market in February. The EU subsequently approved Ireland’s decision to opt in to the directive. Authorities began accepting applications under the directive on Monday, and the interim scheme is now closed.
Those who received self-employment permission under the interim measures and still have not received a first instance recommendation will automatically be granted permission to access the labor market for six months. Those who have received a first instance recommendation, but not a final decision, may apply to renew their self-employment permission. Presumably, those who obtained an employment permit under the temporary access program should apply for labor market access permission, as access to the scheme has been closed to new applicants since June 28, but this position will need to be clarified by DBEI and INIS.
BAL Analysis: Following last year’s court ruling, Ireland has endeavored to expand work opportunities for asylum seekers. Those with questions about whether they are eligible to work while their application for international protection is pending should contact BAL.
This alert has been provided by the BAL Global Practice group. For additional information, please contact ireland@bal.com.
What is the change? The European Union has approved Ireland’s decision to opt in to the EU (recast) Reception Conditions Directive to provide work authorization to applicants for international protection.
What does the change mean? Ireland now has until June 30 to pass the legislation necessary to opt in to the directive. Applicants for international protection continue to have the same access to the Irish labor market as other non-EU nationals. Once in place, the directive will replace the interim solution for asylum seekers, which was implemented in February, and potentially allow certain eligible asylum seekers to access work authorization through an immigration permission. The specific measures that Ireland will adopt remain to be seen, however.
Background: Last year, Ireland’s Supreme Court struck down in principle the country’s ban on work authorization for asylum seekers. Justice Minister Charlie Flanagan accepted a task force recommendation to opt in to the EU (recast) Reception Conditions Directive (2013/33/EU) as a means of complying with the court judgment and providing work authorization to international protection applicants. Authorities implemented an interim measure described in an information booklet that detailed how asylum seekers are able to access the labor market before the directive is implemented. Both houses of the Oireachtas (Ireland’s legislature) must approve the opt-in now that the EU has confirmed Ireland’s participation in the directive.
BAL Analysis: Applicants for international protection may continue to access the Irish labor market by applying for employment permits through the Department of Business, Enterprise and Innovation, or by requesting permission for self-employment through the Minister of Justice and Equality, as detailed in the information booklet published in February. BAL will monitor developments in Ireland and will alert clients to any significant changes in processing times that may result as the country moves to implement the directive.
The Department of Justice and Equality has published its annual immigration review, highlighting key statistics and projects from 2017 and previewing its plans for the coming year.
The strong Irish economy and access to the European Union has made Ireland a desirable location to work, study and settle. The number of non-EU expatriates residing in Ireland rose 11 percent, from 115,000 in 2016 to 128,000 in 2017. The top five countries of origin are Brazil (14.6 percent), India (13.5 percent), China (9 percent), the U.S. (7.4 percent) and Pakistan (5.7 percent).
The report reviews some of the changes in 2017, including the rollout of the new Irish Residence Permit cards, installation of automated eGates at Dublin Airport to speed immigration checks for Irish passport holders, and working with the European Union and the United Kingdom to maintain the Common Travel Area in Brexit negotiations, among others.
Key programs planned for 2018:
BAL Analysis: The planned projects are welcome developments. The proposed expansion of eGates is good news for regular corporate travelers to Ireland and, in combination with the 14-day work exemption, will ease business travel and short-term micro assignments.
IMPACT – LOW
What is the change? Ireland’s Department of Business, Enterprise and Innovation has announced a pilot quota-based work permit scheme to address labor shortages in the horticulture, meat processing and dairy industries.
What does the change mean? Employers in the agri-food sector will be able to apply for 800 work permits for low-skilled workers from outside the European Economic Area starting Monday. The work permits are divided by industry, with 500 permits for the horticulture industry, 250 for the meat processing industry and 50 for the dairy industry. Employees must be given suitable accommodation and training and be paid a minimum of €22,000 per year.
Background: In April, DBEI sought comments and recommendations from employers and other stakeholders on how to address Ireland’s skills and labor shortages. A full report on the work permit system is expected later this year.
BAL Analysis: The pilot is a positive indicator of work permit changes that may benefit employers who hire low-skilled workers and are affected by the current labor shortages.
What is the change? The Irish Naturalisation and Immigration Service has introduced a new type of permission for foreign volunteers engaging in unpaid activities in Ireland.
What does the change mean? The volunteer must be sponsored by an eligible registered organization in Ireland to perform structured activity in an approved sector. The residence permission is valid for up to two years, with an option to extend for a third year.
Background: Applicants must have an offer for volunteer work from an eligible organization that is listed in the Public Register of Charities or a sporting organization recognized by Sport Ireland. They must also demonstrate that they are qualified to do the volunteer work, can support themselves financially for the entire period, have a clean criminal record and will be covered by private health insurance during their stay. If approved, the residency permit will be issued for one to two years (renewable for an additional one year), and will allow the holder to change organizations once during any 12-month period and travel outside Ireland for up to 90 days. Paid activities are not allowed, and volunteers may not bring any family members to Ireland or change their immigration status while in Ireland.
BAL Analysis: The volunteer permission is required for foreign nationals volunteering for longer than three months and is a good option for family members of expatriate employees who may not be eligible for work authorization as dependents.