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Redundancy

Redundancy can be a stressful and confusing experience for employees and employers alike. There can be additional stress when your immigration permission is tied to your employment in Ireland. At Gibson & Associates LLP we provide expert legal advice and representation to help you navigate the redundancy process from an immigration law perspective.. Whether you are an employee facing redundancy or an employer managing redundancies, our team is here to guide you through the immigration law implications of that process.

Redundancy Ireland

What is Redundancy?

Redundancy occurs when an employer reduces their workforce because a position is no longer required. Common reasons include:

  • Business restructuring or closure
  • Technological changes reducing the need for certain roles
  • Mergers or acquisitions
  • Economic downturns affecting business operations

Redundancy is distinct from dismissal for misconduct or performance issues and is subject to specific legal protections under Irish employment law.

Obligations on Employers and Employees

If you hold a Critical Skills or a General Employment Permit you must notify the Employment Permits Section of the Department of Enterprise, Trade and Employment within 4 weeks of the redundancy that you have been made redundant.

You must use the prescribed Redundancy Form and upload the form with a letter from your employer confirming the redundancy and the legal basis upon which the redundancy is based, via the Employment Permits Online Portal.

Our team of experts can guide you through this process.

Your rights and entitlements after you have been made Redundant

If you held a Critical Skills or a General Employment Permit and have followed the correct notifcation procedure, you have up to six months from the date on which you were made redundant to find another job.

If you find another job within this time, you will be exempted from certain rules that would otherwise apply, including certain eligibility criteria in relation to the new job.

If you cannot find another job within 6 months of being made redundant, you can make an application to the Immigration Service Delivery to establish your immigration status in Ireland beyond that period.

If your immigration permission does not expire during this time, you do not need to inform the Immigration Service Delivery. If your immigration permission does expire within this 6 month period, you must inform the Immigration Service Delivery.

Redundancy For Employers

When you make a employment permit holder redundant you must provide them with the correct notification to enable the former employee to comply with their requirements to the Department of Enterprise Trade and Employment.

When hiring a prospective employee who has been made redundant, some of the normal requirements for granting an employment permit to an employee may be waived.

Our team of experts is waiting to guide you through the particular circumstances that arise for you.

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.

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

If you are facing redundancy or managing redundancies within your business, don’t wait until it’s too late. Early legal advice can help protect your rights, secure your entitlements, and reduce potential disputes.

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.

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