Atypical Working Scheme Ireland

The Atypical Working Scheme is an employment visa aimed at those who are non-EEA nationals and are required to take part in professional work; in Ireland, employed by an Irish company. The following circumstances apply for eligibility of this type of working permit:

• The applicant will be providing a specialised skill to a business, industry or academic institution
• The applicant will be working for an Irish company who have identified an internal skills shortage which they’re unable to fulfil from within the country
• The applicant will be working as a locum doctor in a hospital or elsewhere in the primary care sector
• The applicant will be working as a nurse as part of the Clinical Adaptation and Assessment Programme and/or Examination
• The applicant will be working as a researcher for up to 12 months, where they’re not eligible for another employment permit or hosting agreement
• The applicant will be taking part in funded short-term employment or an internship where it is necessary for a 3rd level course being studied outside of Ireland – provided it is taking place at an accredited educational institution.

All applications for the Atypical Working Scheme are reviewed independently by the Irish Naturalisation and Immigration Service, and the Department of Business, Enterprise and Innovation. As a result, everything is completed on a case-by-case basis and so there may be reasons for exception.

There are several circumstances within which an individual would not be eligible to receive a working scheme permit of this type for Ireland. These include:

• The applicant is already legally living in Ireland
• The applicant only intends to enter Ireland for up to two weeks
• The applicant wishes to enter Ireland for ‘business purposes’ without an explicit working plan for up to 90 days
• The applicant already has a valid employment permit for Ireland
• The applicant qualifies for the Van der Elst work transfer (this is another type of working permit for non-EU workers hired by EU-based employers and in this circumstance, should be applied for)
• The applicant has been invited to a job interview for an eligible role considered ‘Highly Skilled’
• The applicant holds a valid Intra Company Transfer Employment Permit in another territory or state
• The applicant joining their new employment would result in more than 50% of the employees being non-EEA nationals (adherence to the 50/50 rule).

The Atypical Working Scheme visa application is made through an online application form on the relevant Irish authorities’ website. Once the initial form has been completed, applicants need to submit a number of required documents to prove their eligibility and relevancy for the working scheme. The following documents are usually requested:

• Two colour passport-sized photographs (taken to the standard passport requirements)
• A current passport and a full copy of any other passports
• A signed letter documenting the purpose of the visit to Ireland, including:
  • The intended duration of stay
  • Details of accommodation for the stay
  • The individual’s commitment to live in Ireland under the stipulated visa conditions
  • The individual’s commitment to support themselves during their stay and not become a ‘burden to the state’ through the claiming of benefits.
• A valid letter of approval giving AWS permission from the appropriate division
• Evidence of the individual’s obligation to return to their home country. This may include a tenancy agreement, details of return employment or the birth certificate/s of children living in the resident country.

In most cases, all of the required documents submitted must be originals. Copies may be accepted in some circumstances but it is recommended that this is discussed prior to submission with the appropriate immigration authority.

Where documents are not already in either English or Irish Gaelic, they must be translated by a qualified translator from an accredited institution. Each translated document must include:

• The full name and signature of the translator alongside confirmation of its accuracy
• The date of the translation (while there is no set period for this, it should be considered ‘recent’)
• Contact details for the translator and their organisation.

The original documentation must still be included, alongside the translations.

Clinical Adaptation Process: Becoming a Registered General Nurse (RGN)

Where an applicant is travelling to Ireland to complete the Clinical Adaptation Process to allow them to work as an RGN in the country, they must include a letter from the Nursing and Midwifery Board of Ireland confirming their place in the process along with their application.

Non-EEA Crew Member: Working on the Irish Fishing Fleet

Trained sea fishers who wish to work on specific segments of the Irish Fishing Fleet on vessels more than 15m in length may be eligible for the Atypical Working Scheme. This is only the case if the vessel in question is licensed and registered. In this case, the employment contract submitted must be lodged with the Central Depository for Sea-Fishing Boats.

The visa application process for the Atypical Working Scheme takes place online with the following steps undertaken:

• The online visa application form is completed on the Irish immigration service website portal and submitted. This must be done from outside of Ireland or it will be immediately rejected
• All required documents are submitted; online where possible, or sent where a physical document is requested
• The application fee is paid – usually online at the same time as the submission of the visa application form (but sometimes in person at a local Embassy, Consulate or Visa Office)
• Where a legal representative has been appointed for assistance, a Letter of Authorisation is submitted
• The application is processed. This may take up to 20 working days from the date of receipt of all required documents
• If the processing body requires further documents or information, they will request it. This may incur a further onward processing period of 20 working days
• A decision will be made and the applicant notified. If accepted, a formal Letter of Approval will be issued. If declined, further information on how to proceed will be provided.

If accepted, the applicant may be required to apply for a separate entry visa for proper immigration permission in Ireland. This can be applied for once the AWS permit has been granted. If not required, the applicant can simply provide copies of all relevant information at Border Control upon arrival in Ireland.

An application processing fee of €250 must be paid for each worker’s application under the AWS. This forms the final stage of the submission process; after which the application will be processed.

The application fee is non-refundable, even where the working scheme application is rejected. It should be paid by credit card online at time of application completion, or in some cases, direct to a local Embassy, Consulate or Visa Office.

No set processing time is stipulated for Atypical Working Scheme applications, but a minimum of 20 working days must be allowed. This time period commences from the date on which all required documentation is received.

Applications are processed in the order in which they are received and there is no expedition service available.

Applicants are advised not to book travel to Ireland until they have received their formal Letter of Approval.