Most non-EEA nationals who wish to work in Ireland require an employment permit from the Department of Enterprise, Trade and Employment. That system was not designed for assignments measured in weeks rather than years, and applied on its own it would leave a number of genuine short-term arrangements with no lawful route into the State. The Atypical Working Scheme, agreed between the Department of Justice, Home Affairs and Migration and the Department of Enterprise, Trade and Employment, exists to fill that gap. It allows specialised or highly skilled work of a short-term nature, generally under 90 days, to be carried out lawfully in Ireland.
Who the Scheme is for
The Scheme is available where an Irish company or organisation requires a non-EEA national to fill a role in which a skill shortage has been identified, or to bring a specialised or high skill to a business, industry or academic institution for a short period. In practice it covers the situations that would otherwise call for a Contract Service Provider or Intra-Company Transfer permit where the engagement runs for between 15 and 90 consecutive days, and it is used regularly in the technology, pharmaceutical, biotechnology and entertainment sectors. It also accommodates paid internships forming part of a course of study outside the State, locum doctors engaged through an agency in the hospital or primary care sector, and nurses and midwives coming to Ireland for the Clinical Adaptation and Assessment programme or an RCSI aptitude test. Medical and unpaid internships are excluded.
How long the permission lasts
Permission is granted for a maximum of 90 days, which may be used to support intermittent travel over a six month period, after which a cooling-off period of one month applies before a new permission can be used. Only three categories may exceed 90 days: locum doctors in the hospital sector and nurses seeking NMBI registration on the basis of an overseas qualification, each up to six months, and internships that are integral to a course of study, up to twelve months. For anything else exceeding 90 days, an employment permit is the correct route.
Key restrictions
Several features of the Scheme deserve particular attention. Permission is granted for the specific role applied for and is not transferable. It is not reckonable towards Stamp 4 eligibility. Family members may not accompany the permission holder. Salaries must generally meet the General Employment Permit threshold. The application must be made from outside the State, and it will not be accepted from a person who is already in Ireland. The Scheme cannot be used as a bridging permission, meaning it cannot be used to enter Ireland while another application is pending or in order to apply for some other permission once here.
Applying and where applications go wrong
Applications are made online, with a non-refundable fee of 250 euro, and a minimum of 20 working days should be allowed from the date all documentation is received in complete and accurate form. The requirement that causes the most difficulty is the contract of employment, which must be signed in ink and dated by both parties, submitted as a single scanned document. Digital signatures are not accepted and a letter of offer will not do in its place. Where a visa is also required, it can only be applied for once the letter of approval has issued, and at least eight weeks should be allowed for that process, so the combined timeline needs to be reflected in the dates written into the contract. A letter of approval is valid for 90 days from issue, and a person remaining in the State for more than 90 consecutive days must register with immigration after arrival.
How we can help
The Scheme is a useful and often underused route, but it is unforgiving of procedural error, and a refusal costs both time and a fee that is not refunded. If you would like assistance with this or any other immigration matter, please contact our immigration team at info@mcgrathmullan.ie.
More Legal Articles from McGrath Mullan:
- Decision-Making Representative Orders: What You Need to Know
- I have received a deportation notification in Ireland. What now?
- Court Directed Mediation
- Rights of Residence
- Understand Your Legal Rights in Ireland: A Practical Seminar at the Law Society
- Parent of an Irish citizen child: immigration permission in Ireland
- The Good Character Test in Naturalisation Applications
- Capital Acquisitions Tax (CAT) in Ireland