When applying for an employment permit for a non-EEA citizen, the employer applying for the permit must follow a number of criteria set down by DETE. Below is a list of the key employer requirements for employment permits that DETE use to determine eligibility for granting a permit to an employer.
By understanding and following DETE’s guidelines, you can ensure that your permit application has the best chance of success. Our summary below gathers all of DETE’s written guidance, as well as some practical knowledge, into one place so that your business can ensure compliance and successful permit applications.
What are the Employer Requirements for Employment Permits?
DETE’s employer eligibility criteria seeks to ensure that employment permits are only granted to genuine employers who are registered, up-to-date with Revenue, and who will uphold the employment rights of permit holders. The core employer requirements for employment permits need to meet to ensure a successful permit application are as follows:
- CRO & Revenue Registration: Applicant employers must be registered with the Revenue as an Employer for the purposes of PAYE. Limited companies must be currently trading within the state, and must be registered with the Revenue Commissioners and the Companies Registration Office (CRO). Employers who are not Limited Companies may also apply, such as sole traders and partnerships, provided that they are registered as employers.
- ROS Returns & Company Information: The applicant employer must submit evidence of their up-to-date Revenue returns and must supply company information re. number of employees, activities, and info re. redundancies. The location of employment and the location of the company must also be submitted.
- 50:50 Rule: The employer must adhere to the 50:50 Rule, which requires that at least 50% of the employees in a firm are Irish/EEA nationals at the time the application is submitted. Exceptions where the 50:50 Rule does not apply include in the case of start-up companies and roles supported by Enterprise Ireland or IDA Ireland.
- Labour Market Needs Test: Employers must submit evidence of completing the Labour Market Needs Test (LMNT) where the permit type requires it, for example as the General Employment Permit does. The employer must submit the reference number for the Jobs Ireland/EURES advert they have run, and a copy of the additional online advert that the LMNT requires. The adverts must follow the format prescribed by DETE’s website.
Some exceptions do apply, for example for start-ups and Critical Skills. Contact us for more information and we can advise if any exceptions apply to your case.
These criteria apply regardless of who is submitting the employment permit application – the employer, the foreign national, or an agent. Failure to adhere to the employer requirements can lead to a further information request from DETE to supply the missing information or documentation, while more serious errors can result in immediate rejection of the application.
Adherence to the list above does not guarantee that a permit will be granted, for example if other items are incorrect on the application.
Understanding and adhering to these essential criteria is key to securing employment permits from the Department of Enterprise Trade and Employment. We maintain a 100% success rate with all permit applications at Visa Work and are well-versed in advising on the employer requirements aspect. Contact us if you need expert advice or a tailored approach on how to submit your permit applications for the best chance of success.
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