Select Page

Employment Permit Refusals in Ireland

An employment permit refusals can be stressful and may impact your ability to work or remain in Ireland. At Gibson & Associates LLP we provide expert legal support for both employees and employers to understand the reasons for refusal and to take effective action.

We guide clients through review processes, appeals, and new applications, ensuring compliance with Irish employment and immigration law.

Enquire Call +353(0)12645555
Employment Permit Refusals Ireland

Common Reasons for Employment Permit Refusals

1. Ineligible Occupation
a. The proposed employment may fall under the Ineligible List of Occupations for employment permits.

b. Our team advises on eligibility and potential alternative permit routes.

2. Labour Market Needs Test (LMNT) Not Met
a. Where the labour market needs test applies, employers must advertise the position for a certain period of time on certain specific platforms

b.Refusals often occur if evidence is insufficient or improperly documented.
d. We guide employers and interns on legal requirements, duration limits, and permit eligibility.

3. Employer Non-Compliance
a. Employers must be registered with Revenue and, if applicable, Companies Registration Office/Registry of Friendly Societies.

b. A refusal may occur if the employer does not meet these criteria or fails the 50:50 Non-EEA:EEA employee ratio (with exceptions).

4. Salary / Remuneration Criteria Not Met
a. Employment permits require minimum remuneration thresholds (e.g., €34,000 for General Employment Permit, basic annual salary).

b. Failure to meet salary requirements is a common reason for refusal.

5. Insufficient Qualifications, Skills, or Experience

a. The foreign national must possess the necessary qualifications, skills, or experience for the position.

b. Lack of supporting evidence can lead to refusal.

6. Previous Immigration or Permit Issues

a. History of non-compliance with immigration or employment permit legislation may impact the decision.

Employee Options After Employment Permit Refusals

Review Process

Applicants may request a review within 28 days of a refusal via the employment permits online platform.

Reviews are considered by a senior official separate from the original decision-maker.

New Application

If reasons for employment permit refusals cannot be remedied through review, a new application may be submitted with corrected documentation or updated employment terms.

Alternative Permit Types

Depending on the role, other employment permits may be available (e.g., Critical Skills, Sport & Cultural, Reactivation).

Employer Considerations After a Refusal

Employers should review the refusal carefully and ensure compliance with all criteria, including registration, 50:50 EEA employee ratio, and Labour Market Needs Test.

Corrective steps can increase the likelihood of successful re-submission or application under a different permit type.

Our Services for Employment Permit Refusals

For Employees:

  • Assessing reasons for refusal and identifying remedies.
  • Preparing review submissions or new applications.
  • Legal advice on eligibility for alternative permit types.

For Employers:

  • Reviewing compliance with employment permit requirements.
  • Preparing Labour Market Needs Test documentation.
  • Assistance with re-submissions, appeals, and mitigating risk of repeated refusal.

The Department of Enterprise, Tourism and Employment has confirmed an updated roadmap for employment permit salary thresholds.

The first phase of changes will take effect from 1 March 2026, with further phased increases planned through to 2030. The initial adjustment represents a 7.66% increase, replacing the originally proposed 14.7% uplift announced in 2023.

Key changes from 1 March 2026 include:
– General Employment Permits: minimum salary increasing from €34,000 to €36,605
– Critical Skills Employment Permits: minimum salary rising from €38,000 to €40,904

Meat processing, horticulture, healthcare assistants and home carers: minimum salary increasing from €30,000 to €32,691
Recent graduates will continue to benefit from lower entry thresholds, reflecting early-career progression

These changes will have important implications for workforce planning and employment permit compliance. If you’d like to understand how the updated salary thresholds may affect you or your organisation in 2026 and beyond, our team would be happy to help—get in touch to discuss your options.

Application Process

Initial Consultation with the Immigration team

Eligibility Assessment & Advice on specific requirements on job role and application process. .

i

Document Review & Completion of Online Application .

Our team prepares the submissions that will accompany the application.

In-depth Legal Representation throughout the entire process.

Advice on the next steps following the decision.

*Our team will advise on current processing times at the time of application & will provided regular updates during the processing of the application.

Case Studies

How Gibson & Associates Can Help You

Our immigration team provides a complete legal service to make your application process clear, stress-free, and compliant with Irish law.

Why choose Us?

Our expertise (decades of in-depth knowledge and familiarity with application process).

We can provide expert guidance throughout the application process, helping you navigate requirements and address common challenges to present the strongest possible case.

Our legal teams will identify and utilise relevant legislation and case law that may impact your individual application.

Next Steps

A refusal does not have to be the end of your employment journey in Ireland. Early legal advice is crucial to understand your options and take effective action.

Contact us today to review your case and secure expert guidance.

Our Dedicated Immigration Team

Daireann Gibson
Managing Partner

Amanda Walsh
Partner

Helen Moakley
Senior Solicitor

Kellie McLaughlin
Solicitor

Maura Kavanagh
Solicitor

Sharon Shaw
Legal Manager

Leanne Mclean
Immigration Consultant

Megan McKeon
Immigration Consultant 

Aisling Harden
Senior Legal Support

Lorna Pyper
Senior Legal Support 

Irene Ayaru
Senior Legal Support 

Jade Mullhern
Immigration Consultant

Stacey McGrath
Legal Support

Laura Phelan
Legal Support

Kevina McFadden
Legal Support

Karley Keane
Legal Support

Irish Work Permits Application FAQ's

1. What is an Irish work permit?

An Irish work permit, also known as an employment permit, is a legal authorisation that allows non-EEA and non-Swiss nationals to work in Ireland for a specific employer and in a specified role. These permits are issued by the Department of Enterprise, Tourism and Employment.

2. Who needs an Employment Permit to work in Ireland?

An employment permit is required for most non-EEA and non-Swiss nationals who wish to work in Ireland. EU, EEA, and Swiss citizens do not need a permit. Some other categories of residents, such as people with Stamp 4 immigration permission, may also be permitted to enter employment without one.

3. What are the main types of Employment Permits in Ireland?

The main types of employment permits in Ireland include the Critical Skills Employment Permit, General Employment Permit, Intra-Company Transfer Permit, Reactivation Employment Permit, Sport and Cultural Employment Permit, and Contract for Services Employment Permit. Each permit type is designed for a different employment situation.

4. What is the Critical Skills Employment Permit?

The Critical Skills Employment Permit is designed to attract highly skilled professionals to Ireland in occupations where there is a shortage of qualified workers. It is commonly issued for roles in sectors such as ICT, engineering, healthcare, finance, and science.

5. What jobs qualify for the Critical Skills Employment Permit?

Jobs that qualify for the Critical Skills Employment Permit are listed on Ireland’s Critical Skills Occupations List. These typically include roles such as software developers, engineers, doctors, nurses, data analysts, and other highly skilled professionals. The role must also meet minimum salary requirements and qualification requirements. Eligibility for a Critical Skills Employment Permit is largely determined by the type of occupation, and proposed remuneration level.

6. What is the General Employment Permit?

The General Employment Permit allows non-EEA nationals to work in Ireland in occupations that are not listed on the Critical Skills Occupations List but are also not on the Ineligible Occupations List. It is one of the most commonly used permits for skilled and semi-skilled roles.

7. How long are General Employment Permits valid?

General Employment Permits are usually issued for up to two years initially. After that, they can be renewed for an additional three years. Once a person has legally worked in Ireland for five years, they may become eligible for Stamp 4 permission, and they may also apply for Long Term Residency if they meet the documentary requirements.

8. What is the Reactivation Employment Permit?

The Reactivation Employment Permit allows individuals who previously held an employment permit in Ireland but lost their status through circumstances beyond their control to return to lawful employment if they secure a qualifying job offer.

9. When is a Reactivation Permit needed?

Reactivation Employment Permits are designed for situations where a foreign national who entered the State on a valid Employment Permit but who fell out of the system through no fault of their own or who has been badly treated or exploited in the workplace, to work legally again.

Source: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/permit-types/reactivation-employment-permit/

10. What is the Sport and Cultural Employment Permit?

The Sport and Cultural Employment Permit allows non-EEA nationals with specialised talent to work in Ireland in sports or cultural roles. This may include professional athletes, coaches, performers, musicians, dancers, or other artistic professionals.

Immigration

What Is the Critical Skills Employment Permit in Ireland?

What Is the Critical Skills Employment Permit in Ireland?

Are you looking to work and build your career in Ireland. You will need a work VISA and then a work permit! Find out more about the Critical Skills Employment Permit and how it offers a clear path to securing a job role in Ireland and what this could mean for your future!

read more
Unlocking Opportunities with the Immigrant Investor Programme Ireland

Unlocking Opportunities with the Immigrant Investor Programme Ireland

Ireland’s Immigrant Investor Programme offered non-EEA nationals a route to residency and potential citizenship through approved investments. With minimal residency requirements, access to EU markets, and family inclusion, it was a popular choice for global investors seeking long-term opportunities in Ireland.

read more

See all our immigration blogs…