Policy on Employment Permits for non-EEA nationals who have held permits for 5 years or more
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Following the announcement made on 28th August 2009 by the Minister for Justice, Equality and Law Reform in consultation with the Tánaiste and Minister for Enterprise, Trade and Employment, the following will apply:
- It will not be necessary for those who have been working lawfully and who have held an employment permit for 5 consecutive years to have an employment permit to remain in employment.
- The Department of Justice, Equality and Law Reform will give such persons immigration permission to reside in Ireland and to work without the need for an employment permit.
- This arrangement will apply to those made redundant after 5 years working on a permit and to those still in employment.
- Non-EEA nationals who feel they fall within the above criteria and will no longer require an employment permit should refer to the Irish Naturalisation and Immigration Service (INIS) website where full details of the scheme are to be found.
The Employment Permits Section will be taking the above into account when processing applications on hand. Any applications for unlimited permits or where the employees have been in employment for five consecutive years will be automatically refused on the grounds that the non-EEA national does not require an employment permit. Any applicable fees will be refunded.
Unlimited application (after 5 years)
An unlimited work permit is issued at the renewal stage if an employee has been in continuous employment with the same employer for five years or more. An unlimited permit has a start date but no expiry date and entitles the employee to work for the specified employer for an unlimited period without the need to renew the permit. The unlimited permit provision has, for the most part, been superseded by the changes announced by the Department of Justice as outlined above.
However, where the Department of Justice does not grant permission to work in Ireland without the need for an employment permit to an individual who would qualify for an unlimited Work Permit, an unlimited work permit may be applied for.
If an employee qualifies for an unlimited work permit, this should be specified when submitting the renewal application form.
A labour market needs test (i.e. vacancy must be advertised with the FÁS/EURES employment network for at least 8 weeks and additionally in local and national newspapers for six days ) is not required for an unlimited application if the Work Permit holder applied for their first Work Permit before 1 June 2009.
However, a labour market needs test is required for an unlimited application if the Work Permit holder applied for their first Work Permit on or after 1 June 2009.
There is no charge for an unlimited work permit.
In the event that an employee on an unlimited work permit changes employment then a new work permit application must be made on their behalf.
Last modified: 12/11/2009
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