IRELAND – Letters of Approval under Atypical Working Scheme must be used within 90 days

The rule increases the importance of proper planning by employers and those intending to come to Ireland to work under the Atypical Working Scheme.

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IMPACT – MEDIUM

What is the change? Irish authorities have said that letters of approval issued under the Atypical Working Scheme will remain valid only for 90 days.

What does the change mean? Non-EU nationals applying to work under the Atypical Working Scheme must now use their letter of approval within 90 days or submit a fresh application.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Employment visas issued under the Atypical Working Scheme.
  • Who is affected: Employers and non-EU nationals applying for short-term work through the Atypical Working Scheme.
  • Business impact: Start dates could be delayed for Atypical Working Scheme applicants who do not use their letter of approval within 90 days and are therefore required to submit a new application.

Background: The Atypical Working Scheme allows non-EEA nationals to come to Ireland for between 15 and 90 days for work that is not governed by the Employment Permits Act. Applicants must apply for the Scheme from outside of Ireland and are not permitted to travel to Ireland until they receive a letter of approval from the Irish Naturalisation and Immigration Service. Visa-required nationals must include a copy of the letter of approval with their application for an entry visa. Under a recently announced rule, letters of approval will only remain valid for 90 days, and those who do not enter Ireland within the 90-day time frame will be required to submit a new application.

BAL Analysis: The rule increases the importance of proper planning by employers and those intending to come to Ireland to work under the Atypical Working Scheme. This is particularly important for visa-required nationals who need a letter of approval in order to apply for an entry visa. Those who do not travel to Ireland within 90 days will likely see delays in their start dates because they will be forced to go through the application process again.

This alert has been provided by the BAL Global Practice group. For additional information, please contact ireland@balglobal.com.

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