01/29/2007

On January 24, 2007, the Minister for Enterprise, Trade and Employment announced the implementation of new employment permit arrangements for Ireland, effective February 1, 2007. The new arrangements, based on the Employment Permit Acts of 2003 and 2006, include revised employment permit application forms and employment permits with enhanced security features, as well as four new employment permit categories or "schemes". One of the schemes, the Green Card Scheme, replaces the recently discontinued Working Visa/Work Authorisation Programme. There is also a new provision for foreign national graduates of third level Irish educational institutions. The four new employment permit schemes and the graduate provision are outlined below.

Green Card Scheme

The Green Card Scheme will provide employment authorization to highly skilled workers in occupations in which there are skill shortages. There are two categories of Green Card Permit: one for positions in any industry or occupation with annual salaries of at least €60,000, and one for positions in designated shortage industries and occupations with annual salaries between €30,000 and €59,999. No labor market test is required, but the applicant must have a job offer of at least two years from a registered Irish employer and must provide evidence that s/he meets the position's requirements. Either the employer or the foreign national may apply for the Green Card Permit. The permit will be issued for an initial period of two years, after which the foreign national may apply for renewal or permanent residency.

Intra-Company Transfer (ICT) Scheme

The ICT Scheme permits multi-national companies to transfer senior management, key personnel with critical expertise, or trainees from a branch outside of Ireland to a branch in Ireland to perform a specific task on a temporary basis. To qualify, the foreign national must demonstrate that s/he fits into one of the above categories, earns at least €40,000 annually, and has worked for the sending branch for at least 12 months. No labor market test is required. The validity period of the ICT permit will be based upon the duration of the assignment up to two years, after which one three-year extension may be possible. Because the ICT Scheme is strictly for temporary work, holders of ICT permits are not eligible to apply for permanent residency. The Department of Enterprise, Trade and Employment has advised Fragomen that a foreign national need not transfer to Irish payroll to qualify for an ICT permit.

Work Permit Scheme

Foreign Nationals who do not qualify for a Green Card or ICT Permit may apply for a Work Permit. In most cases, the foreign national must earn at least €30,000. On a limited basis, Work Permits may be issued for positions with annual salaries below €30,000. There is a list of low-skilled occupations for which a Work Permit will not be issued. A labor market test is required for which the registered employer must advertise the position for three days (previously four weeks) in local and national newspapers to demonstrate that no EEA (European Economic Area) citizen is available and willing to fill the position. Either the employer or the foreign national may apply for the Work Permit. The Work Permit will be issued for an initial period of two years, after which one three-year extension may be possible. After five years, the foreign national may apply for permanent residency.

Spousal/Dependant Scheme

Accompanying spouses and dependant, unmarried children under age 18 of employment permit holders may now apply for work permits for any occupation. In exceptional circumstances unmarried children over age 18 may also apply. Neither a labor market test nor payment of an application fee is required. A Spousal/Dependant permit is employer- and occupation-specific, so an offer of employment is necessary before applying. Either the employer or the foreign national spouse/dependant may apply for the permit. Generally, the permit will be issued for the same duration as the employment permit holder's permit.

Graduate Provision

A new provision allows foreign national students who have earned degrees from third level educational institutions in Ireland to apply to the Irish Naturalisation and Immigration Service for permission to remain in Ireland for six months following receipt of their final examination results. During this period, they may seek employment and, if they qualify, apply for a Work Permit or Green Card Permit.

The content herein is provided for informational purposes only.

Source: http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/dd2278f8c55c604285257272007dd039?OpenDocument