GES Immigration Newsflash: Ireland (Oct. 31, 2018)
14-day ‘work’ permission now limited to once every 90 days
IMPACT – MEDIUM
What is the change? Irish immigration authorities have clarified their policy that non-EEA travelers who intend to seek temporary permission at the border to ‘work’ in Ireland for up to 14 days under must limit it to one 14-day working trip per 90-day period.
What does the change mean? The policy applies to foreign nationals who require an entry visa as well as foreign nationals who are waived from entry visas. Travelers should expect border officials to enforce the new limitation and anticipate that they will no longer be able to make multiple working trips during a 90-day period. It will be at the discretion of the immigration officer at the border.
• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Temporary work permission granted at the border
• Business impact: Foreign nationals who rely on the 14-day work permission will need to restrict their use to once per 90 days and reapply following a 90-day period.
Deloitte View/Analysis & Comment:
Non-EEA nationals (e.g. a US national) usually get permission to enter Ireland for:
1. Work; or
The temporary permission to ‘work’ for up to 14 days is granted without any prior work authorisation (like an employment permit or AWS). While a foreign national may have previously used this temporary permission frequently - it has been clarified that this can only be used for one 14 day period every 90 days (3 times a year).
It is still permitted to come in for ‘business’ purposes after entering for ‘work’ purposes but the frequency and purpose of trip will be monitored. Business travelers should note that their entry visa does not guarantee entry and border officers may exercise their discretion to deny entry even to those holding an entry visa. If non-EEA travelers wish to work for over 14 days in a 90 day period, they must apply for work permission.
‘Work’ purposes is carrying out productive work. For ‘business’ purposes, there is no comprehensive list of business activities and it generally depends on the travelers circumstances. Business activities generally encompass attending meetings, attending interviews, arranging agreements, fact finding missions, site visits and undertaking training. The immigration officer will generally consider the duration and frequency of the visits and also the seniority of the business traveller.