Reactivation Employment Permit

The key benefit of this scheme is that it brings non-EEA nationals who had an Employment Permit in the past but fell out of employment. It is aimed to help bring those individuals back into legal work, allowing them to continue living and working in Ireland as legal immigrants.

What are the Specific Eligibility Criteria?

In addition to this, there are some specific eligibility criteria in relation to your pay, qualifications, and occupation.

You must be paid at least the National Minimum Wage. As of 1 January 2023, the National Minimum Wage is €11.30 per hour.

You must be able to demonstrate that you have adequate qualifications, skills and experience to be eligible for this scheme.

All occupations are eligible including certain carers. If you are a carer you must provide additional documentation with the application to be considered. This documentation should include:

• Copies of qualifications confirming that you are a trained medical professional and;
• A letter from a registered medical practitioner specialising in the area of illness of the person for whom they will be caring, confirming that the person has a severe medical condition

Or

• A copy of P60, payslips, a notarised letter or an affidavit establishing that you have a long history of caring for the person concerned, and;
• A letter from a registered medical practitioner specialising in the area of illness of the person for whom they will be caring, confirming that the person has special care needs

How to Prove Eligibility?

To prove your eligibility, you will need to supply your application with the following documents:

• A passport-size photo – should be in the form of a digital file saved in jpeg format
• Clear and legible copy of every page of your national passport – preferably in colour
• Copies of all work permits held to date
• Copy of current Irish Residence Permit (IRP) card
• Details of any family members resident in Ireland
• Details of any dependents you have in Ireland
• Current employment circumstances in Ireland – offers of employment, remuneration offered
• Evidence of all finances available to you (i.e. six months of bank statements, payslips)
• Proof of private medical insurance
• Any other information you consider relevant to your case.

If you are unsure what information could be relevant to your case, contact one of our professional immigration advisers, who will check your paperwork and help you proceed with your application based on your circumstances. Call Total Law on +353 061 518 025 or contact us online today.

Employers must be genuine and legal to ensure that the employment rights of employees are in place and adhered to. Some of the employer criteria include:

• Applications will only be accepted from employers registered with the Revenue Commissioners and, where applicable, with the Companies Registration Office/Registry of Friendly Societies which are currently trading in Ireland.
• There must be an employer-employee relationship where the employee is employed, salaried and paid directly by the employer.
• 50% or more of the employees in a firm must be EEA nationals. Unless, on the day on which the application is made, the employer has no employees, the foreign national will be the sole employee. The exception to the 50:50 Rule will also apply at renewal, provided the permit holder remains a sole employee.

The Reactivation Employment Permit will only be issued if the employer criteria are met. A labour market needs test is not required.

Employees will be issued the Reactivation Employment Permit if:

• They have previously entered the labour market legally under the Employment Permit,
• They are currently unemployed in Ireland,
• They have a genuine offer of employment in the State,
• They hold a temporary Stamp 1 and have a “Reactivation Employment Permit” letter from the Department of Justice and Equality.

The employee is expected to stay with the initial employer for 12 months. However, in the following circumstances, the Reactivation Employment Permit may be issued to change the employer if:

• The holder is made redundant;
• Unforeseen circumstances arise that fundamentally change the employment relationship.

To apply to this scheme, you must gather the necessary supporting documents, complete the application form and submit it to Immigration Service Delivery. You can apply online on the Employment Permits Online System (EPOS). Your prospective employer can apply on your behalf, or you can apply yourself.

The application must be received at least 12 weeks before the start date of your proposed employment.  The application process involves the following stages:

1. Applying and awaiting processing
2. Processing – the decision on your application will either be granted or refused.
3. Review – if your application is refused, you can have your refusal decision reviewed within 28 days after the Submission of a Decision for Review Form.

You can renew your permit after 2 years for a maximum of 3 years. Then, after 5 years on an Employment Permit, you can apply to ISD for Stamp 4 permission, allowing you to work without an Employment Permit.

You can renew your permit online through the EPOS within 16 weeks before the expiration date on the permit you currently hold. You must supply the supporting information and documentation you used to apply for your first Reactivation Employment Permit. This is to prove that you maintain your eligibility during the renewal process. After that, you can renew your permit, or your employer can renew it on your behalf.

When the organisation you currently work for (or part of it) is transferred from one employer to another, the employer (whose name is on your existing Employment Permit) must complete and submit the Transfer of Undertaking Form. The completed form can be submitted by email to employmentpermits@enterprise.gov.ie.

Failure to notify the DETE of changes in circumstances (such as a job change or transfer of undertaking), it can affect your future application for permit renewal.

The Reactivation Employment Permit may be cancelled or revoked if the applicant had not started the employment in accordance with the Employment Permit within the prescribed period beginning on the date when the Employment Permit was issued.