Introduction
A migrant worker can be defined as someone from outside the UK or Ireland who has come to Ireland to take up work. Legislation relating to employment is complex and is largely dependant on whether migrant workers originate from the European Economic Area (EEA), which comprises the Member States of the European Union together with Iceland, Norway, Liechtenstein and Switzerland or from outside the EEA. Generally, for Non-EEA the migration system in Ireland is based on offers of employment, and most jobs are subject to a labour market test. Unfortunately, many migrant workers experience confusion over what their rights, responsibilities and obligations are.
European Economic Area Nationals (EEA)
One of the principle rights established by the Treaty of Rome is that of free movement of workers throughout the member states. EU Nationals therefore, have an automatic right to work in Ireland and do not require an employment/work permit. As soon a migrant worker comes to Ireland they should register for tax and social insurance by applying for a Personal Public Service (PPS) number. If help is needed in finding a job in Ireland, advice on employment and training opportunities is available from FÁS. FÁS is the national body responsible for providing employment services to people looking for work. There is a network of 66 FÁS offices in all main towns and cities which advertise a wide range of employment vacancies. Further information is available online at www.fas.ie
Since joining the EU in 2007, Bulgarian and Romanians also have the right to travel freely throughout the EU. However, the Irish Government has decided to restrict access to the labour market for workers from these countries and accordingly Bulgarian and Romanian citizens do not have an automatic right to take up work in Ireland. While they are permitted to enter Ireland without a visa they will not be permitted to access the labour market without first attaining a work permit or registering as self employed. It is advisable to contact the Department of Enterprise, Trade and Employment for more information.
Non-EEA Nationals
Non-EEA Nationals require permission from the Department of Enterprise, Trade and Employment, in order to work legally in Ireland and therefore workers must obtain an employment permit. In order to apply for a permit, prospective employees must first find an employer who is willing to employ them.
Work Permits
Work permits are mainly available for occupations with salaries between €30,000 and €60,000 which are not eligible for a Green Card. They are also available in exceptional circumstances for jobs with salaries below €30,000. The work permit application must meet a labour market test showing that the position could not be filled from within the EEA.
Applying for a work permit
Application forms are available online at www.entemp.ie. The application form and accompanying fee (This is €500 for six months at the time of publication Feb 2008) is payable by either the employer or the employee. A new application for a work permit must be accompanied by documentary evidence that a labour market needs test has been carried out. This proves that the vacancy could not be filled by an EU National in the first instance and in the second instance by a Bulgarian or Romanian National. If you have been granted an employment permit you should apply for an entry visa through your local Irish Embassy, Consulate, Honorary Consulate or Visa Office. It is important to remember that when applying for an employment permit, all visa applicants must be resident in their country of birth or if in another State be legally resident. Applications will not be accepted from those who are already in Ireland on a visitor visa.
Green Cards
Ireland has only granted new work permits for non-European Economic Area nationals when there was evidence that these positions could not be filled by EU Nationals. Virtually all of these positions are highly skilled and highly paid. Green cards have been introduced for high skilled occupations where the annual salary is above €60,000 a year. The cards will be available for a restricted list of occupations. Key occupations include: ICT, Construction, health care and financial services although a more detailed list is available from the Department of Enterprise, Trade and Employment.
Travelling from Northern Ireland
When travelling to the Republic of Ireland from Northern Ireland there are a number of important points to note. Firstly, if a Non-EEA worker is legally employed in NI they must still apply to the Irish embassy for a visa before looking for work in the Republic of Ireland. Entitlement to work in NI does not automatically entitle workers to travel to ROI. Those without the appropriate documentation may be detained by Irish immigration control.
Worker Rights
The employment permit contains a statement of employee rights. Everyone who is legally employed in Ireland has the same rights and entitlements. Read about worker rights in our Going South - Work booklet.
Conclusion
In general all EU Nationals except Bulgarian and Romanian workers have free access to the Irish labour market and do not require an employment permit. It is expected by the Irish Government that all non-skilled jobs should be filled by either Irish or EU Nationals. Therefore Non-EEA Nationals seeking work will generally have to find an employer willing to employ them with an annual salary over €30,000 a year before applying for a work permit. The work permit application must meet a labour market test showing that the position could not be filled from within the EEA.
© Northern Ireland Association of Citizens Advice Bureaux (NIACAB) 2008