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The Employment Permits Act 2003 states that a Non-EU national may not work in the State without an employment permit having been granted by the Minister for Enterprise, Trade, & Employment. It is an offence for both the employer and the employee where employment is entered into in the absence of a requisite permit. Penalties for such an offence is punishable as follows:
Work permits are issued to individual employers and are not transferable.
Under a special agreement between the Department of Enterprise, Trade & Employment (DETE), FÁS, and the Conference of Heads of Irish Universities (CHIU), new operational procedures relating to Work Permit applications apply to the seven Universities established under the Universities Act 1997 and represented by CHIU, which includes the National University of Ireland, Galway.
The Human Resources Office will process and make contact with the Department of Enterprise, Trade, & Employment in relation to all work permit applications in respect of prospective employees or renewal of work permits for existing employees of NUI Galway. The importance of accuracy and full completion of work permit applications is essential, as the Work Permits Section will not process applications which have not been completed correctly - the application will either be returned to the University or refused outright.
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Applications must include :
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For further information on work permit requirements, please refer to the Department of Enterprise and Employment website at: http://www.entemp.ie/labour/workpermits
Once the application has been fully considered, a decision by the Department of Enterprise, Trade and Employment will be taken to either issue or refuse a permit. The period of validity of a permit will normally begin on the date of issue and will not, in any case, exceed one calendar year.
After the work permit is issued, it is necessary for the employee to ensure their residency stamp is up to date. In order to do this, they must contact the Garda Immigration Bureau on Harcourt Square, Harcourt Street, Dublin 2 (phone 01 4755555) or the Immigration Office at their local Garda station.
It is the responsibility of the applicant to obtain, where necessary, a valid visa for entry to the country for the purposes of interview or to take up residence. Applications for working visas will be accepted from persons outside the country only. Visa applications must be made to the Irish Embassy or Consulate in the country of origin. Immigration Officers retain discretion in particular circumstances to refuse entry to any non-national. Further detailed information regarding entry visas is available from the Department of Justice website at http://www.justice.ie/
More detailed information regarding the work permits is available from the Department of Enterprise, Trade and Employment website at http://www.entemp.ie/
Hosting Agreement
To assist with the recruitment of researchers the EU issued COUNCIL DIRECTIVE 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research. NUI Galway is an accredited research organisation and as such can form hosting agreements with third country nationals (non-EEA nationals) for the purpose of conducting research within the University. For further information on the Council Directive please see http://www.entemp.ie/science/technology/accreditation.htm
The hosting agreement replaces the need for researchers and the University applying for annual work permits as the agreement is valid for the duration of the employment contract. The hosting agreement has the same benefits as the Green Card, for example, immediate family re-unification and application for residency after two years.
Procedure when applying for a Hosting Agreement
As an accredited research organisation, NUI Galway must ensure that certain conditions are fulfilled in order for a valid hosting agreement to be signed.
The Hosting Agreement applies to:
The Hosting Agreement does not apply to:
The hosting agreement is valid for the duration of the employment contract. Contracts must have duration of 3 months or more.
The salary on offer must be €30,000 or more per annum.
How to process a Hosting Agreement.
Step 1
Upon receipt of an approved post proposal form and recruitment paperwork the HR office will send an offer letter, contract and hosting agreement template (part 4) to the proposed employee via e-mail.
Step 2
The proposed employee must;
Step 3
Upon receipt of signed contract and hosting agreement details, the HR office will
Step 4
The HR office submits the request for the hosting agreement to the Irish University Association (IUA) Mobility Office. The IUA mobility office forwards the information to the Dept. of Justice – allow 7 working days for information to go live in DOJ/GNIB system.
Step 5
The HR office sends the original hosting agreement, original signed contract of employment and other recruitment information via courier to the proposed employee.
Proposed employees from visa-required countries must make an application to the Irish Embassy for a visa to enter Ireland. The visa process can take 2 – 4 weeks.
