Who needs an Employment Permit?
A non-EEA national, except in the cases listed below, requires an employment permit to take up employment in Ireland (the EEA comprises the Member States of the European Union together with Iceland, Norway and Liechtenstein). It should be noted that it is an offence under the Employment Permits Acts 2003 and 2006 for both an employer and an employee if a non-EEA National is in employment without an appropriate employment permit.
Employment permit holders can only work for the employer and in the occupation named on the permit. If the holder of an employment permit ceases, for any reason, to be employed by the employer named on the permit during the period of validity of the permit, the original permit and the certified copy must be returned immediately to the Department of Enterprise, Trade and Innovation.
Citizens of non-EEA countries who do not require Employment Permits include:
• Non-EEA nationals in the State on a Work Authorisation/Working Visa
• Van der Elst Case The European Court of Justice delivered a judgement on the Van der Elst Case (Freedom to Provide Services) on 9 August, 1994. The Court ruled that in the case of non-EEA workers legally employed in one Member State who are temporarily sent on a contract to another Member State, the employer does not need to apply for employment permits in respect of the non-nationals for the period of contract.
• Non-EEA nationals who have been granted permission to remain in the State on one of the following grounds:
• Permission to remain as spouse or a dependent of an Irish/EEA national;
• Permission to remain as the parent of an Irish citizen;
• Temporary leave to remain in the State on humanitarian grounds, having been in the Asylum process.
• Explicit permission from the Department of Justice, Equality and Law Reform to remain resident and employed in the the State
• Appropriate business permission to operate a business in the State
• A non-EEA national who is a registered student
Swiss Nationals: In accordance with the terms of the European Communities and Swiss Confederation Act, 2001, which came into operation on 1 June, 2002, this enables the free movement of worker between Switzerland and Ireland, without the need for Employment Permits.
Last modified: 10/04/2013
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