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Mcgrath Mullan Solicitors Dublin

Learn more about the 3 Rs of Employment Permits: Reactivation, Renewal, and Redundancy

Reactivation applies when an employee who had a valid employment permit falls out of the employment permit system through no fault of their own or where they have been badly treated by their employer.

In these cases, reactivation provides a pathway for re-employment where the individual has found another job offer for which they have the required qualifications, skills or experience and for which they will receive a salary that is at least the National Minimum Wage.

You may be eligible for permission under this scheme if:

  1. You have previously held an employment permit to work in Ireland but have fallen out of the employment permit system through no fault of your own (for example, if you have been exploited or badly treated by your employer), and have remained in Ireland even though you are not currently legally resident.
  2. You are the holder of a Reactivation Employment Permit and wish to change employer (note that, except in exceptional circumstances, employment permit holders are expected to remain with their initial employer for a period of 12 months before moving to a new job).

You will not be eligible under this scheme if you:

  1. Are subject to a Deportation Order or have been given notification of a proposal to deport you under Section 3 of the Immigration Act 1999.
  2. Are subject to a Removal Order under EU law.
  3. Have already availed of this scheme and have been given a ‘Reactivation Employment Permit’ letter and a Reactivation Employment Permit.
  4. Entered Ireland as a student or visitor and were never the holder of an employment permit.
  5. Previously had an employment permit but subsequently left Ireland.
  6. Previously had an employment permit and a Stamp 1 permission but changed your status to another immigration stamp.
  7. Previously had an Intra-Company Transfer Employment Permit, Contract for Services Employment Permit, or Internship or Exchange Agreement Permit and remained in the State following the expiry of your permit.

If you are eligible for this scheme, you will first need to apply for a temporary Stamp 1 permission and a ‘Reactivation Employment Permit’ letter from the Department of Justice. Once you have this letter, you may then apply for a Reactivation Employment Permit from the Department of Enterprise, Trade and Employment (DETE).

Renewal refers to the renewal of an employment permit or immigration permission once it expires.

For most types of employment permits apart from Critical Skills Employment Permits (CSEP), the renewal application can be made online through the Employment Permits Online System (EPOS) to DETE within 16 weeks of the expiry of the existing employment permit, using the relevant application form and providing the requested information and documentation.

For a CSEP, there is no renewal process as once a person has been continuously employed in Ireland on a CSEP for 21 months, they will be eligible to apply for a Stamp 4 permission. In this case, the applicant must apply directly to the Department of Justice for a Stamp 4 permission.

The application for a Stamp 4 permission can be submitted 12 weeks before the expiry date of the CSEP. There is no application fee for this process.

Redundancy occurs when the employee’s position ceases to exist within the company and they will not be replaced.

If you have an employment permit and are made redundant by your employer, you must notify DETE within 4 weeks of the redundancy using the designated form (available on DETE’s website).

In this case, you will have up to 6 months from the date of redundancy to find another job.

If you find a new job within 4 weeks of your redundancy date, you will be exempt from certain rules that would otherwise apply, such as the Labour Market Needs Test and eligibility criteria for the job.

If you have been made redundant from a position that is subsequently deemed ineligible for the type of permit you held (e.g., due to inclusion on the Ineligible List of Occupations for Employment Permits or removal from the Critical Skills Occupations List) and you are offered the same job by a different employer, then an employment permit application will be considered for the same permit type.

For any enquiries about the above and immigration matters in general, please feel free to contact us at or call us at 01-8735012.

Author Bio

Gerry McGrath

Gerard McGrath, Managing Partner, can assist you in Immigration law, Commercial work, and General litigation. Contact Gerard if you would like assistance with any of these matters. or +353 (0) 1 873 5012

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