Employing non-EEA nationals
Jeanette Ryan, Senior Manager with Immigration Services in Deloitte & Touche, provides a quick refresher on employment permits options available to employers and outlines some tips that will help ensure applications are processed as smoothly as possible.
With almost 11% of our workforce consisting of foreign nationals Irish employers are becoming increasingly aware of the additional obligations that arise from having a multicultural workforce.
For immigration purposes we distinguish between nationals of the European Economic Area (which consists of the 27 European Union Countries together with Iceland, Liechtenstein, Norway and Switzerland) and non-EEA nationals.
EEA nationals can work, reside and enter Ireland without requiring permission. However, it should be remembered that although Romania and Bulgaria are members of the EEA, transitional arrangements are in place for nationals of these countries who had not been living/working in Ireland pre 2008 (see below).
Non-EEA nationals require permission to work and reside, and in some cases permission to enter Ireland. Bulgarian and Romanian nationals also require permission to work from 2008 if they have not worked in Ireland pre 2008. How they obtain this permission to work is dependant on a number of factors such as location of employer, job being offered and annual salary.
The following is a brief overview of each scheme. We’ll also share some tips on preparation for three types of application.
Overview
Intra company transfer permit scheme
This purpose of this scheme is to provide an employment permit to a foreign employee where he/she is seconded to a related Irish entity of their employer for a period of time (max up to 5 years). The Irish entity must be a bona fide trading entity and a relationship must exist between the host entity and the foreign employer. The employee must be key personnel, senior management or undergoing training in Ireland.
One of the requirements which employers are having difficulty meeting is the salary threshold of €40,000. This is more so of late with recent currency fluctuations. Employers should calculate the entirety of the remuneration package being offered (salary + benefits + cash allowances) and once this meets €40,000 or above, the requirement is met.
A point to note is that the annual salary must be the industry norm and verification will be carried out on salary as both a current and past payslip is now required.
Green card permit scheme
The purpose of this scheme is to fill highly skilled vacancies in specific economic sectors. The Irish employer offers employment for a minimum period of two years and if the salary is between €30,000 - €59,999, the job title must be listed on the Department of Enterprise Trade and Employment’s occupation listing. If not, it does not qualify and a work permit is an option (see below). All positions where the salary is above €60,000 qualify. There is a list of ineligible categories and this too applies for green card permits, regardless of salary.
Green card permits are of benefit to visa required nationals, as there is no waiting period for their family to join them. They can apply for temporary long-term residence after two years. The employer is also not required to advertise the vacancy to undergo any Labour Market test. It is by far a much quicker application process.
Work permit scheme
Where a vacancy does not qualify for a Green card permit, there is an option to apply for a work permit. One of the key requirements for this type of permit is that the employer has undergone a Labour Market test within the EEA. This involves advertising the vacancy for four weeks with FAS/EURES and then a further three days in local and national newspapers (evidence must be submitted). This is an unavoidable cost for the employer. Annual salary should be €30,000 but depending on industry norm, the Department may facilitate positions with a lower salary. For all applications, the annual salary must be at least the minimum wage.
Application preparation tips
For all applications
· The application must be completed in full. Incomplete applications will be returned.
· Original signatures are required on the form.
· A CV/resume can be submitted to confirm the individual’s skills and experience for the position.
· Qualifications must be in English and although copies are permitted, certified copies may be requested.
Intra company transfer permits
· If a training permit, the training programme must be sufficiently detailed to cover the full period in Ireland.
· Documentary evidence must be provided to prove the relationship between home and host companies, where it is a first time application.
· The ratio of transferees should not exceed 5% of workforce unless it is a start up.
Green card permits
· An original signed job offer must be submitted.
· Check job title is listed and if annual salary is between €30,000 - €59,999.
· The job offer must contain specific information as per the Department’s requirements.
Work permits
· A Labour Market test must be completed prior to submitting the application. This involves advertising with FAS/EURES for four weeks and three days in local and national newspapers. Evidence is required.
· Minimum salary of €30,000 required unless a lower salary is industry norm.
Other interesting points to note…
Update on residence card registration process
In order to assist employers, the Garda National Immigration Bureau (GNIB) in Dublin will only admit employees from 8am – 9.30am Monday to Friday. Employers should welcome this, as it will reduce the time spent by employees away from work.
Between September and November the GNIB will open on Saturdays, as it is generally a very busy time of the year. The cost of a residence card has increased to €150 and fingerprint impressions are now taken.
Temporary permission to remain
It is of utmost importance that non-EEA nationals do not let their permission to remain in Ireland lapse, as it will affect renewal of employment permits and applications for long-term residency/citizenship. Temporary permission can be obtained from the Department of Justice. The length of the temporary stamp is dependant on how long the non-EEA national has been resident in Ireland. Certain documentation should be produced to enable this temporary registration take place. This temporary stamp will not cover any travel and if travel is required a residence card must be obtained.
A student work permit scheme
No longer will the existing student system apply where a student can work part time up to 20 hours a week and 40 hours a week during holidays without a work permit. If the part time position is unrelated to the student’s college course, a work permit will be required.
New legislation
Two key bills which will be enacted in 2009, the Immigration, Residence and Protection Bill consolidates various pieces of Immigration legislation dating back to 1935 and the Employment Law Compliance Bill. This bill will ensure compliance with employment law legislation.
Citizenship applications
There is a relocation of the citizenship division to Tipperary. It is expected that with extra staff, the backlog of 18,000 applications will be reduced.
There have been numerous changes in the employment permits area over the last two years or so – the best advice that we can offer employers is to ensure that they are well informed on all updates and so are best placed to meet their workforce requirements.
