General Work permits how they work: The Basics of the process

South African passports- work permits- Immigration information for South Africans moving, immigrating, visiting or working in the Republic of Ireland

General Work Permits (GWP) are issued by the Department of Enterprise, Trade and Employment  (DETE)

Unlike Critical Skills Employment Permits where the State specifies eligible occupations, General Employment Permits assume all occupations to be eligible unless otherwise specified. Therefore, all occupations are eligible unless excluded under the  Ineligible List of Occupations for Employment Permits. The main attraction of the General Employment Permit for prospective candidates is that it permits a broader range of occupations than the other classes of employment permit and may be obtained in respect of a 12 month contract of employment. All occupations under the Critical Skills Occupations List are deemed eligible.

Jobs with annual salaries of €64,000 or more occupations (other than those on the Ineligible job categories and those which are contrary to the public interest) may be eligible for a Critical skills work permit.

 

UPDATE 21/12/23:

We will implement these new changes in requirements on SA2Eire by the new year, but know there are changes in the work permit eligibility lists, and the min salary requirements for new work permits from Jan 2024

https://enterprise.gov.ie/en/news-and-events/department-news/2023/december/20122023.html

 


Eligibility

We will assume now that you have done the SOC code checks Here and that you know you are neither Critical skills nor Ineligible, and as your career appears on neither list you are seeking a General Work Permit/ General Employment Permit (GWP or GEP)

GWP applicants are where their career is neither on the ineligible list of careers (or DETE has deemed a limited number of permits available for a short period of time, a quota of jobs advertised by DETE) or are on the Critical Skills List however do not meet the remuneration, qualifications or 2- year minimum job offer period. An example could be a Medical Doctor who does not get offered a 2-year position as a Medical Doctor instead a 1-year contract, therefore they can only apply for a GWP.

Generally, applications for General Employment Permits must have a minimum annual remuneration (pay) of €30,000 per annum.

Applications for jobs with annual pay of €27,000* are considered on an exceptional basis in the following case please go to the website for details on these exceptions Here

 


The Employer

 

The normal criteria for employers apply, which seek to ensure that the employer is a genuine and legal employer, so as to give a level of reassurance that the employment rights of employees will be adhered to. The Department of Business, Enterprise and Innovation examines a number of criteria when assessing employers including:

  • Applications will only be accepted from employers that are registered with the Revenue Commissioners and with the Companies Registration Office/Registry of Friendly Societies, if applicable, and which are currently trading in the State.
  • That an employer – employee relationship will exist in that the prospective employee concerned will be employed, salaried and paid directly by the employer.

The Employer also needs to meet 2 testing criteria for General Work Permits: 1. Labour Market Needs Test and 2. 50:50 rule

 In other words, the employer needs to be an Irish company, registered in Ireland, proof of their up to date tax returns and 50% of their staff in their employment must be Irish, EU or British citizens in order for them to offer you a job and they have to have done the advertising of that job before offering it to you on the appropriate sites. See below for labour Market Needs test and 50:50 rule.

 


1) Labour Market Needs Test

 

As Ireland is part of the European Union, it has an obligation to fill careers from within Ireland and the European Union first. Careers deemed Ineligible therefore have been assessed by the Expert Group on Future Skills Needs (EGFSN) and Skills and Labour Market Research Unit (SMLRU) to have sufficient numbers of people skilled in these areas within Ireland and the EU. Part of this agreement is then to advertise jobs to ensure that the Irish and EU job applicants have equal opportunity to apply.

Proof of this advertising having been done, prior to the application date, will be required for the work permit application. Without that proof the application will be declined.

 


2) 50:50 Rule

 

An employment permit will not issue unless at the time of application at least 50% of the employees of the company are EEA nationals.

  • An employment permit will not issue unless at the time of application at least 50% of the employees in a firm are EEA nationals (50:50 rule).
  • The 50:50 rule is waived in certain circumstances

  In other words, the employer needs to prove 50% of their staff in their employment must be Irish, EU or British citizens in order for them to offer you a job.

 


The Employee

 

  • Minimum annual remuneration (generally above €30,000)* some exceptions
  • the employment named is not in an excluded job category under the Ineligible List of Occupations for Employment Permits;
  • the prospective employee must possess the relevant qualifications, skills or experience that are required for the employment.

 


Recognition of qualifications and Registration with Irish bodies or organisations:

 

Its is very important to check if you need your qualifcations from SA education institutions are recognised and if you need to register with an Irish body or organization in order to work in Ireland in that career. Even in normal times these registrations can take months to process, and without that registration your work permit will be declined, and in some cases companies wont even look at you until you’re registered. Check HERE. Be sure to check if your career requires registration with an organisation or body before you apply for work.

Here is a tool to look up your schooling or degrees and see what the National Framework Qualification (NFQ) is from South African terminology into Irish terminology HERE: NARIC

SA2Eire has a specific page for members to look deeper into how to get employment and some finer details of the process other than what is on the official sites, that more geared towards SA passport holders HERE

 


On receipt of a valid job offer, how to apply for a work permit

 

Applications for a General Work Permit should be made to the Employment Permits Section of the Department of Enterprise, Trade and Employment  (DETE). The employer or the employee can apply. You apply online with the required documentation, using the Employment Permits Online System (EPOS). An application for any employment permit must be received at least 12 weeks before the proposed employment start date. Some Work Permits may be processed faster depending on whether the company is registered as a Trusted Partner or not.

Applications for a General Employment Permit should be made to the Employment Permits Section of the Department of Enterprise, Trade and Employment  (DETE).

The employer or the employee can apply.

Some General Employment Permits may be processed faster depending on whether the company is registered as a Trusted Partner or not.

An application for any employment permit must be received at least 12 weeks before the proposed employment start date.

The processing fee for a General Employment Permit is €1,000.

An application to apply for a General Employment Permitcan be made online on the Employment Permits Online System

Evidence of the EURES advert and other adverts placed for the General Employment Permit for the labour market needs test having been done PRIOR to the the application date, MUST be provided on application as well as the evidence of the 50:50 rule, or the application will be declined

 


GWP spouse and dependants arriving after 12 months

 

You can have your spouse, partner and minor dependant children (under 18 years) to live with you in Ireland after you, the GWP holder has been legally working in Ireland for a year on a General Employment Permit.

"Category B employment permit holder - you must wait 12 months after your family member registers with immigration."

You also must be able to show that you will be able to support them. In practice, you need to be earning more than the limits for Working Family Payment. Working Family Payment is a benefit offered to Irish and EEA residents who may earn below minimum living wage and as such are eligible for a benefit top-up to their wages. This WFP is used as a measure as to the minimum wage a GWP holder must earn based on the number of children you have.

 You may join your family member after they have been legally working in Ireland for a year (renewal of Work permit or IRP)

See the Family Reunification document information:

Family Reunification Document -  Family members of Irish and Work permit holders, we have gone through this 71 page document page by page with a breakdown and information.

Also, the spouse and children of General Work permit holders cannot work on the Stamp3 that they receive. More on how they apply for this when they arrive:

This will include how to get their residency application in and what paperwork is required and what salaries you need to earn based on the number of children you have.

 

  We often get asked, if both parents get their own GWP’s can children join?

The answer simply going by the Family Reunification document, is no.

Category B (Eligible to sponsor applications for family reunification after 12 months)

    - Non Critical Skills Employment Permit Holders
    - All Stamp 4 holders not covered by other more favourable arrangements
    - Ministers of Religion (there is a case for putting these in cat A provided they are maintained by the church)

A General work permit holder cannot sponsor anyone until they have been registered as Category B sponsors for 12 months and meet the financial criteria based on the number of children there are, are met.

We have spoken to some Solicitors. Exceptions have occurred via an Irish Solicitor where it has been proven that there are no remaining family members in South Africa who can care for the children, but this requires a Solicitor and proof in abundance that no carer in SA exists or those that are, are incapable of such care. You can contact some of the Irish Solicitor's to process this for you should both parents be in possession of their GWP, they cannot process it before hand on the off-chance you MIGHT both get GWP’s.

 General Work permits how to get your family processed when they arrive after 12 months

 

 UPDATE 10/7/23 A new process has now been implemented for the Spouse and the Children (over 16years) of CSEP holders

 

We often get asked, can my family come and visit and how often during that 12 months?

We simply cannot give a definitive answer. This is completely in the hands of BMU.

What we do know is that 180 days of holiday in a year will not be allowed as that is residency numbers, it is more likely you will get a 30 day holiday once maybe twice in that year than 2 x 90days

We do know that it is UP TO 90 days, not necessarily the full 90 days you will be approved for. A 90 days visit is fully at the discretion of the BMU Officer and they can give you just 2 weeks if they feel that is sufficient

Boarding by the airline and Entry in to Ireland is based on holidays, on proof of return, this is more extensive paperwork than just a return ticket, make sure you read the articles on Visiting Ireland and proof of work in SA and/or schools for the kids to return to

More on this:

Visiting Ireland - As South African, what documents do I need to enter Ireland on holiday, business trip, conference or job interview?

Letter of Invitation - For family joining you later in Ireland/ Coming on Holiday/ Job Interview

 


Entry Visas

 

If you, your spouse and children are all South African Passport holders, you do not need an entry visa into Ireland.

This is because Ireland and South Africa have a special agreement that allows South Africans to enter Ireland visa free.

This entry however is subject to having sufficient paperwork at entry, this is discussed later in the Resources section “Entry into Ireland.”

At entry into Ireland you will get an entry stamp of up to 90 days for all South African members of your family. This entry stamp will be placed in the South African members passports.

An employment permit is not a Residence Permission.

In order to be lawfully resident in the State, it is a requirement that all non-EEA nationals in possession of an employment permit must register with the Garda National Immigration Bureau. The cost of this residency stamp for each applicant is EUR300 per dependant over the age of 16years

See link below on how the family registers at Garda Immigration when they arrive and Renewals of Residency stamps.

 


Work permit holders and travel to the EU and UK

 

Once a South African passport holder is in possession of the IRP card, they can apply for visas for the UK (Standard UK visitor visa) or the EU/EEA to the country they want to visit.

Holding an IRP for Ireland does not automatically give rights to travel to the EU/EEA or UK. The IRP is permission live and work in Ireland alone.

If the country is in the Schengen zone that you wish to visit, you apply for a Schengen visa for that country.

If any other country, apply direct for that country.

 

 


 Special Notes for General work permit holders:

 

Note if you are a Doctor:

  • Very often Doctors receive only 1 year work offers from the hosiptal or practice where they apply for work. As a result this does not give you a Critical Skills Work Permit, instead you get a General Work Permit. However, the Minister of Justice has made allowance for this in giving immediate family reunification as exceptional circumstances. Please do email the work permit department for clarification: This email address is being protected from spambots. You need JavaScript enabled to view it.
  • A new announcement affecting medical doctors and their families announced 8/3/22

 

Note if you are GWP holders and dependants:

  • Email reply from the Secretary of the Minister of Justice regarding General Work permit holders not being able to have family join except for Full-Time Doctors HERE

 


SA2Eire are going to go through this process step-by-step with you:


 

Important links:

 

  #MapMyMove- Our coaching Services - Confused or lost and need some direction, book a session with us to help untangle the confusion and work out your route of immigration

   General Work Permit - Citizens Information site

   General Work Permit - DBEI site

   Labour Market Needs Test - The advertising of that job before it can be offered to you

   Employment Permits Online System (EPOS) - online application for the work permit after receiving a valid job offer

   Processing times and dates - Where applications are up to now in terms of processing times

   Employment Permit Applications - Online Status Update Enquiry

   Register at Garda Immigration - How the GWP holder registers at Garda Immigration when they arrive and Renewals of Residency stamps

  General Work permits how to get your family processed when they arrive after 12 months

   Terms and Conditions of the Non-EU members Residency Stamps - what are they allowed to do in the state?

   Salary Guides - what to expect as a salary in certain careers and parts of Ireland

   Documents you need for Entry into Ireland

   Family Reunification

  General Work permits how to get your family processed when they arrive after 12 months

   De Facto (unmarried) Partners and proofs required under EU Treaty - for unmarried people who want to do the EU Treaty with their partner

   Do I need an entry visa if I am coming to work?

   Admin before the move

   Admin once you're in Ireland

 

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