Ireland is now a more attractive destination for skilled overseas workers as it is now far easier for their partners to also work here
Spouses and partners of non-EEA general employment permit and intra-company transfer employment permit holders can now also work in Ireland following the easing of restrictions.
To make Ireland more attractive to skilled overseas workers, the State has eased the path for family reunification, with spouses of permit holders now free to take up jobs without the need to obtain a separate employment permit.
Under the Non-EEA Family Reunification Policy, the spouse will now be registered on a Stamp 1G permission, rather than a Stamp 3. Meanwhile, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement currently on a Stamp 3, are also now eligible for a Stamp 1G.
In this Q&A interview, Declan Groarke, senior associate specialising in Immigration with employment law firm Lewis Silkin, outlines the significance of these changes.
How will the new Stamp 1G work and in what ways will it make Ireland more attractive for skilled workers whose spouses and partners previously faced bigger hurdles to being eligible for work here?
Before this change was introduced, eligible spouses and partners of general employment permit and intra company transfer employment holders who have been granted family reunification in Ireland, were registered on Stamp 3 permission. Stamp 3 permission is only a residency permission. It doesn't allow eligible spouse or partner to work in Ireland. Therefore, if the spouse or partner of these employment permit holders wished to work in Ireland, they had to obtain permission in their own right.
This meant that those spouses and partners would be subject to the usual rules of the employment permit system and would need to find a job which was eligible for an employment permit, and met the minimum salary required for the employment permit type. This wasn't always possible and there was certainly a sense that the contribution general employment permit and intra-company-transfer employment permit holders were making to Ireland Inc. was not being recognised.
This feeling was made worse when comparatively, eligible spouses and partners of critical skills employment permit holders who have been granted family reunification in Ireland, were registered on Stamp 1G permission. With Stamp 1G permission, an eligible spouse or partner can work in Ireland and there is no limitation or restriction placed on their activities. They can work in any job they wish, even if it is one which is considered ineligible for an employment permit. And it doesn't matter what they get paid — if they wanted to, they can carry out charitable work for no pay.
You must appreciate that non-EEA nationals who are granted permission to work in Ireland on general employment permits tend to be working in industries which are struggling to recruit and attract suitably qualified candidates, for example, healthcare, social care and disability services, construction, agriculture, hospitality, car maintenance, industries which are asking for greater resources from government and which are experiencing labour shortages.
Late last year, many occupations in these industries were made eligible for employment permits to try and plug the labour shortage gap, but it has done little to attract workers in these industries to come to work in Ireland.
Why?
When we have advised clients and their newly recruited candidate that they and the job on offer has only been eligible for a general employment permit, it has not been uncommon for a newly recruited candidate to turn down that offer when they discover that their spouse or partner won't be permitted to work in Ireland when they obtain family reunification. Non-EEA nationals seeking to relocate to Ireland are acutely aware that a single income may not be sufficient to support a household in Ireland, especially one with children — and so, by not granting the spouse or partner of a general employment permit holder permission to work in Ireland, it was putting unnecessary additional financial stress on that household, making Ireland a less attractive option for non-EEA nationals seeking to relocate for employment.
By granting the spouses and partners of general employment permit holders permission to work in Ireland, it certainly alleviates some of that unnecessary burden making Ireland a more attractive prospect for relocation.
Similarly, non-EEA nationals who have been granted an intra-company transfer employment permit tend to be members of senior management or key personnel within a company operating across multiple jurisdictions and who are required to come to Ireland to inject specialist knowledge essential to the company's service, equipment, techniques or management. Many of the client's we work with would utilise the intra company transfer employment permit for international assignments of their executive management to help set up new operations in Ireland. Therefore, it made little sense to not grant the spouses and partners of these employment permit holders permission to work in Ireland.
What this change appears to be doing is recognising the contribution these employment permit holders make to Ireland Inc..
How have your clients (companies) reacted to these latest changes to work permit regulations?
Our clients have reacted very positively to this change (but further change is needed. Many of our clients continue to find it difficult to find suitably qualified candidates from within Ireland to fill vacancies for their businesses. When they go out to the international market to try and fill those vacancies, it is usually as a last resort as there is additional administrative costs associated with recruiting individuals from overseas, including obtaining the required work permits and visas.
The primary purpose of Ireland's employment permit system is fill labour market shortages in Ireland. However, operating a policy which lessened the appeal for non-EEA nationals to relocate to Ireland, was counter to that purpose. Therefore, automatically granting eligible spouses and partners of general employment permit and intra-company transfer employment permit holders permission to work in Ireland has been well received by our clients who have at times found it difficult to convince newly recruited candidates, senior management and key personnel to relocate to Ireland on a permanent or temporary basis.
Do these changes boost Ireland's attractiveness relative to employment laws governing work permit applications in other jurisdictions?
Comparatively, this specific change granting spouses of general employment permit and intra-company transfer employment permit holders permission to work in Ireland on Stamp 1G conditions is consistent with other family reunification polices operating in other jurisdictions, and specifically those close to Ireland in Europe. In most other European countries, including the UK, family members can apply for immigration permission, granting them permission to immediately accompany their family member who have obtained a work permit/visa to relocate and commence employment in the chosen destination country. For example, he immigration permissions obtained in countries such as the UK, France or Germany grants family members permission to work in the destination country and there is limited restrictions placed on the economic activities they may engage in.
However, Ireland is still somewhat behind and may be a less attractive prospect for some non-EEA nationals seeking relocation for employment purposes, specifically those who are only eligible for a general employment permit.
Under the Department of Justice's current Non-EEA Family Reunification Policy, critical skills employment permit and intra-company-transfer employment permit holders, can sponsor their family members for immediate family reunification upon grant of the respective employment permit. These employment permit types are as attractive as equivalent immigration permissions that may be obtained in other countries such as the UK, France or Germany. Not only do they grant eligible spouses and partners permission to work in the destination country, they also grant family members immediate family reunification rights meaning they can immediately join their family member who has obtained a work permit in the destination country.
However, the general employment permit is still less attractive comparatively. Under the non-EEA Family Reunification Policy, general employment permit holders must complete 12 months' employment in Ireland before they can sponsor their spouse or partner for family reunification. So, while they may obtain permission to work in Ireland, they cannot immediately join their family member who has obtained a general employment permit to work in Ireland.
Minister McEntee has said that the non-EEA family-reunification policy is being reviewed. therefore, it is hoped that as part of this review, the general employment permit may be made more appealing through a reduction or an elimination of the wait times before a general employment permit holder can sponsor their family members for family reunification.
Anything else to add on this space?
Alongside this change, Minister for Justice Helen McEntee TD and Minister for Enterprise Trade and Employment, Peter Burke TD, announced that approval was secured to opt into the EU's recast Single Permit Directive.
In 2022, an inter-department working group was set up to consider a single application procedure for both employment and residence permits, with a view to Ireland opting into the EU's recast Single Permit Directive.
The inter-department working group has now concluded its work, and approval to opt-in to the EU's recast Single Permit Directive was confirmed by Justice Minister Helen McEntee.
Ireland's current multiple-application process involves layers of cost and complexity that reduce its appeal in comparison to the other EU countries that already operate a single application procedure.
Ireland opting into the EU's recast Single Permit Directive is therefore welcome news and it is hoped that by introducing a single application procedure in Ireland, some costs and complexities within the current system will be removed alongside some of the additional bureaucratic barriers present for visa-required nationals relocating to Ireland to take up employment.
Originally published by Irish Examiner
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