Purpose
The General Employment Permit (GEP) is designed to allow workers from outside the European Economic Area (EEA), Switzerland and the United Kingdom of Great Britain and Northern Ireland (UK) to work in Ireland in a broad range of occupations. All occupations are assumed to be eligible for a GEP unless excluded under the Ineligible List of Occupations for Employment Permits. The GEP is the most common employment permit used to attract third party nationals for occupations which are experiencing labour market shortages.
Eligibility requirements
The Department of Enterprise, Tourism and Employment (DETE) examines various criteria to ensure the employer, and the worker are eligible for a GEP.
An offer from a bona-fide employer
- The employer must be based and trading in Ireland.
- The employer must be registered as an employer with the Revenue Commissioners of Ireland and, where applicable, the Companies Registration Office or Register of Friendly Societies.
Satisfaction of the 50:50 Rule
- 50% or more of the employer's employees must be EEA/ Swiss/UK nationals at the time of application.
- This restriction may be waived for start-up companies.
Minimum Salary Threshold
- A GEP is available to most occupations with a minimum annual remuneration of €34,000.
- A GEP is available to Horticulture workers and Meat Processor Operatives with as minimum annual remuneration of €30,000.
- A GEP is available to Health Care Assistants and Home Support Workers with a minimum annual remuneration of €30,000.
- Minimum remuneration thresholds are based on a 39-hour working week and will differ if the employee is contracted to work more or less than 39-hours per week.
Ineligible List of Occupations
- The GEP is available to most occupations, except those which are listed on the Ineligible List of Occupations for Irish Employment Permits.
Labour Market Needs Test
- Before a GEP can be granted, the employer must satisfy the Labour Market Needs Test.
- The employer must show that they have tried to fill the vacancy with an Irish or an EEA national by advertising it to workers from within the EEA on the Department of Social Protection Employment Services/EURES employment network and an additional online platform for a minimum of 28 days.
- In certain circumstances, the Labour Market Needs Test does not need to be satisfied. For example, if the occupation is a critical skill occupation but the requirements for applying for a critical skills employment permit have not been met, a GEP may be sought and a Labour Market Needs Test is not required.
- The application for a GEP must be made within 90 days of the job being advertised with the Department of Social
Qualifications, skills or experience required for the employment
- The prospective employee must possess the relevant qualifications, skills or experience that are required for the job.
Conditions
All employment permits are employer, occupation and location specific. The GEP allows the prospective employee to be employed in Ireland by the named employer and in the occupation and location/s specified on the GEP.
The GEP holder must commence employment with the employer within 6 months of the employment permit being issued.
GEP holders are expected to stay with their initial employer for a minimum period of 9 months. The DETE won't consider an application for a new employment permit if less than 9 months has elapsed since the GEP holder first started employment in Ireland under an employment permit.
However, where either of the following circumstances apply, the DETE may permit an employment permit holder to change employer if they have not completed 9 months employment in Ireland with their employer:
- The employment permit holder is made redundant.
- Circumstances, unforeseen at the time of application, arise that fundamentally change the employment relationship.
- The employee is a medical doctor on a 6-month rotation.
Fees
The processing fee for a GEP is:
- €500 for an employment permit of 6 months or less duration or;
- €1,000 for an employment permit from 6 months up to 24 months duration.
Visas
If the GEP holder is a national of a non-visa required country, they may relocate to Ireland immediately to start employment with their employer if they are not already in Ireland.
If the employment permit holder is a national of a visa-required country, they will need a Long Stay Employment ‘D' Visa to relocate to and to enter Ireland if they are not already in Ireland.
Registration
Non-EEA/UK/Swiss nationals intending to relocate to Ireland to work for more than 90 days must register their immigration status with the Department of Justice's Immigration Service Delivery (ISD). Registration must be completed within 90 days of arrival and must be done in person at a registration appointment. Once registered, they will be issued with their Irish Residence Permit Card (IRP Card).
The IRP card is an individual's immigration certificate and will evidence that they have registered their immigration status with the IS and what permit type or Stamp the individual has to live and/or work in Ireland. GEP holders are issued with a Stamp 1.
Renewals
A GEP is initially issued for a maximum period of 2 years. A GEP holder may renew their permit for a maximum period of 3 years.
The processing fee for renewing a GEP is:
- €750 for an employment permit of 6 months or less duration or;
- €1,500 for an employment permit from 6 months, up to 36 months duration.
Dependants
A GEP holder must complete 12 months employment in Ireland before they can apply for family reunification for their spouse, defacto partner and/or dependents. Visa requirements will apply for spouses, partners and dependents from visa required countries. Preclearance requirements will also apply for de-facto partners from non-visa required countries.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
