Work permits for spouses and dependants of employment permit holders

Information
Rules
Rates
How to apply
Where to apply

Information
In early 2005 work permit arrangements for the spouses of some categories of non-EEA employees in Ireland were introduced. These gave easier access to employment for the spouses of non-EEA workers in Ireland who were legally resident here.

New spousal/dependant work permits from 1 February 2007
New employment permit arrangements under the Employment Permits Act 2003 and the Employment Permits Act 2006 came into effect on 1 February 2007. These allow spouses and dependants of employment permit holders to apply for work permits for any occupation without the requirement of a labour market needs test – see below. The following new employment permit arrangements apply to the spousal/dependant work permit:

Either the employer or employee can apply for the work permit, based on an offer of employment.
The work permit is granted to the employee and includes a statement of the employee's rights and entitlements
A copy of the work permit is sent to the employer
The employer is prohibited from deducting recruitment expenses from the employee's pay or retaining the employee's personal documents

The new arrangements do not remove the need for a work permit. An eligible spouse or dependant must have a work permit in order to work. They or their employer must apply for the permit in the usual way. However it is easier for an eligible spouse or dependant to access employment because:

Employers do not have to advertise the job with FÁS/EURES before making the work permit application - the labour market needs test
The spouse or dependant can apply for any job vacancy
First applications and renewals for spousal/dependant work permits are exempt from the usual application fee

Rules
In order to be eligible to apply for a spousal/dependant work permit the following criteria must be met:

(a) The spouse and the employment permit holder must be married and have a legally recognised marriage certificate - see "Spouses" below (b) The employment permit holder must have a valid employment permit which is one of the following:

Green Card permit
Work permit
Working visa or work authorisation issued before 31 December 2006
Intra-company transfer permit.

Applications for spouses or dependants living outside Ireland must go through the normal work permit procedures.

Job offer
The spouse or dependant must have a job offer and must have the qualifications, skills and experience required for the job. They must be directly employed and paid by their employer in Ireland. Job offers from recruitment agencies and other intermediaries are not acceptable under the scheme.

Spouses
Spousal work permit arrangements apply only to spouses legally resident in Ireland who are married to each other. That is, you cannot apply for a spousal work permit if you and your non-EEA partner are unmarried.

Dependants
Dependant work permits are available only to dependent unmarried children aged under 18, who are resident in Ireland as family members of the employment permit holder. In exceptional cases work permits may be available to dependants aged over 18, who became legally resident in Ireland before the age of 18.

Duration and renewal of work permit
It is normally issued for the period up to the expiry date of the permit of the employment permit holder. It can then be renewed - see "How to apply" below. As with a new application there is no fee for renewing a spousal/work permit.

Changing job
Someone working on a spousal or dependant work permit is expected to stay with the new employer for 12 months (unless there are exceptional circumstances). After that it is possible to change job provided a new application for a spousal/dependant work permit is made.

Rates
There is no fee for spousal/dependant work permit applications or renewals.

How to apply
Either the employer or the employee can apply to the Employment Permits Section of the Department of Enterprise, Trade and Employment for a spousal/dependant work permit using the new employment permit application form. Documents to be submitted with the application include:

A letter confirming that the application is a spousal/dependant application
Copies of the employment permit holder’s passport, employment permit and Garda National Immigration Bureau registration card
A letter from the employer of the employment permit holder confirming the job title, salary and length of time in the job.
The spouses’ marriage certificate or the dependant’s birth certificate
If the work permit is for a dependant aged under 18, a letter confirming the employer will comply with the terms and conditions of the Protection of Young Person’s Employment Act 1996

Renewal: either an employer or an employee can apply using the renewal form for a spousal/dependant work permit.

When a work permit is issued to an eligible spouse or dependant he or she needs to re-register with the Garda National Immigration Bureau (if living in Dublin) or the local Garda District Headquarters (if living outside Dublin). This is in order to obtain permission to remain in the State as an employee. It is important to do this as otherwise the spouse or dependant will not have the correct immigration status.

Read further information in the Department of Enterprise, Trade and Employment’s Guide to Work Permits for Spouses and Dependants of Employment Permit Holders

Where to apply
Department of Enterprise, Trade and Employment,
Dept.: Employment Permits Section,
Davitt House 65a Adelaide Road,
Dublin 02,
Ireland.

Opening Hours: 9:30-13:00 & 14:00-17:00
Tel: +353 1 631 3333/3308
Locall: 1890 201 616
Fax: +353 1 631 3268
Homepage: http://www.entemp.ie
Email: employmentpermits@entemp.ie

The above information has been kindly provided by http://www.citizensinformation.ie

Moving to Ireland: Rights of Residence in Ireland, Introduction to the Irish System, Working in Ireland, Studying in Ireland, Practical issues when travelling to Ireland, Returning to Ireland.