Third country nationals holding a residence or work permit issued by an EU Member State are not automatically entitled to be posted as part of a transnational provision of services. In fact, in addition to Directives 96/71/EC, 2014/67/EU and 2018/957/EU on the posting of workers, also national provision concerning immigration issues must be taken into consideration. In this case, five different types of permits are established in the Republic of Ireland, which are used in specific cases.
Entry requirements in Ireland
A non-EU citizen must have a valid work permit to operate in Ireland. However, with some exceptions for personal reasons, a worker may work in Ireland without a work permit, but after obtaining a permit issued by the Irish Department of Justice (DOJ).
Depending on their nationality, non-EU workers may or may not be required to have a visa before their departure.
Irish immigration Law
In Ireland it is considered a criminal offence
- employing someone who does not have a work permit;
- working without a work permit;
Therefore, falling into one of the situations listed above entails a violation of the law in force for both parties.
This is managed by the Department of Enterprise, Trade and Employment (DETE) and, depending on the personal needs of each worker, the Irish Department of Justice also plays a key role. Non-EU workers posted to Ireland must also be covered by a medical and travel insurance policy, which is valid for the entire duration of their stay and can be checked at any time.
Types of permits
The type of permit needed by non-EU posted workers depends on their nationality, the immigration rules that apply between their State of origin and State of domicile, the length and frequency of the period of work abroad, and the number of companies where they will work in the host country.
In particular, we have:
- the Short Stay Business C-Visa, for postings not exceeding 14 days;
- the Atypical Working Scheme and Visa, for postings not exceeding 90 days;
- the Van Der Elst Visa, for a maximum period of 12 months;
- the Contract for Services Employment Permit, for a minimum of 24 months, with possibility of renewal for a further 36 months;
- the Intra Company Transfer Employment Permit, from a minimum of 24 months, with the possibility of renewal for a further 36 months for senior management and key personnel and for postings of up to 12 months for trainees.
