Employment Permit Renewal Refusal Overturned on Appeal for Non-EEA Construction Worker

Client type: Individual (non-EEA national)

Immigration issue: Renewal of General Employment Permit refused due to late commencement of employment

Jurisdiction: Ireland

Outcome achieved: Permit granted on appeal

The Client

• A non-EEA national employed as a plasterer in the construction sector
• Required a visa to enter Ireland and faced significant delays due to an initial visa refusal and lengthy appeal process.
• Dependent on permit renewal for lawful residence and employment; faced significant uncertainty during the process.

The Challenge

• The client’s renewal application was refused because employment did not commence until 1 year and 4 months after the general employment permit issued
• In the refusal of renewal of Employment Permit, the Department cited non-compliance with the requirement to begin work within the period prescribed by the Employment Permits Act 2024.
• The delay was directly caused by a Department of Justice visa refusal in two years previously, which was only overturned on appeal over a year later. The client arrived in Ireland upon grant of visa and began work as soon as possible after registration steps were completed.
• The total wait from permit grant to visa approval was approximately 1 year and 3 months.
• If the renewal of employment permit was not granted, the client was at risk of loss of lawful status and employment in Ireland, with potential removal from the State. This was not due to any fault or delay by the client or employer.
• The employer’s business would be financially affected, and he would lose a vital employee.

The Department granted the General Employment Permit renewal.

Client Impact

• Secured right to live and work in Ireland for three more years.
• Ensured continuity of employment and income for both client and employer.
• Provided peace of mind after a period of significant uncertainty.
• Enabled long-term planning for the client’s future in Ireland.

Why This Matters

This case demonstrates several important points:

• A poor decision by one department (here, an initial visa refusal by the Department of Justice) can cause serious knock-on effects years later, including jeopardising lawful status and employment for key workers.
• The client waited approximately one year and three months for the visa process to conclude after the employment permit was granted—a delay entirely outside their control.
• There is a widely reported shortage of skilled workers such as plasterers in Ireland’s construction industry. Labour shortages are well documented and present ongoing challenges for employers.
• This case highlights the urgent need for a joined-up approach between government departments so that key workers and their employers are not placed in stressful or precarious situations due to administrative disconnects. Clearer, more streamlined processes would help avoid such difficulties for both workers and employers.
• We are glad that this client contacted us so we could resolve this issue.

• Provided initial advice and gathered all relevant evidence, including visa grant/refusal letters, travel documents, PPS number registration, and proof of employment start date.
• Developed a legal strategy focusing on proportionality, individual circumstances, and labour market needs, referencing relevant case law.
• Submitted a detailed appeal within the statutory timeframe, addressing all grounds for refusal and highlighting exceptional circumstances.
• Maintained ongoing communication with both client and employer throughout the process.

Key Legal Considerations – Key Takeaways

• Relevant legislation: Employment Permits Act 2024, especially Section 40 regarding commencement of employment and Section 35 on appeals.
• Eligibility requirements: Permit holders must commence employment within a prescribed period; delays due to immigration processes can create compliance challenges.
• Compliance/timing: Strict deadlines for appeals (28 days from refusal); importance of providing full documentary evidence.
• Discretionary elements: The Minister retains discretion to consider individual circumstances
• Systemic issues: This case highlights how a poor decision by the Department of Justice in a visa application can have serious knock-on effects years later, impacting both individuals and employers. A joined-up approach between government departments is essential to avoid such stressful situations for key workers.

If you are facing challenges with employment permissions, visas, or residency in Ireland, our team can provide clear, practical advice tailored to your circumstances. We support individuals and employers through every stage of the process.

Contact us for advice.

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