Policy on Employment Permits for non-EEA nationals who have held permits for 5 years or more and easing of the immigration rules for redundant non-EEA migrant workers

Holders of Permits for 5 consecutive years

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 which have already been received in the Section.

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 and any applicable fees will be refunded.

Holders of permits for less than 5 years who have been made redundant

The changes announced with immediate effect also provide for an increase in the 3 month "breathing space" to 6 months in order to secure further employment for any worker who has held an employment permit for less than 5 years and has been made redundant. The Labour Market Needs Test will not be required in respect of Work Permit applications from current and future Employment Permit holders who have been made redundant.

If you have any queries in relation to the above you can e-mail our Call Centre at employmentpermits@entemp.ie.