There are a number of means of entry to the Republic of Ireland as a migrant worker. The rights and entitlements attached to entry will depend on the migrant workers immigration status. Citizens of the European Economic area (EEA) and Switzerland are in the most favourable position, they do not require permission to work in Ireland, need not possess any form of entry visa and must fulfil fewer formalities for residence in the State.

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There are a number of means of entry to the Republic of Ireland as a migrant worker. The rights and entitlements attached to entry will depend on the migrant workers immigration status. Citizens of the European Economic area (EEA) and Switzerland are in the most favourable position, they do not require permission to work in Ireland, need not possess any form of entry visa and must fulfil fewer formalities for residence in the State. Citizens of accession states prior to entry to the EU under section 3 of the Employment Permits Act 2003 receive preferential treatment when applying to enter the Republic as migrant workers. After entry to the EU accession states will not require employment permits although this requirement maybe reimposed by the Irish parliament during the seven-year transitional phase. UK nationals do not require employment permits to work in Ireland.

Non-EEA nationals have a number of options for entry to the country for work. First, they may obtain an employment permit which should be applied for by and granted to their future employer. Permits last for between one month and one year and are renewable. They need also to apply for a visa if they come from a country for which visas are required. Migrant workers with this type of permit may change employment if the new employer has obtained a new employment permit for them. The second option is for migrant workers to obtain work authorisations for work if they have an offer or contract of employment from an employer in Ireland in a designated sector. Such sectors include: Information Technology professionals and technicians, architects, construction engineers, surveyors, medical practitioners, nurses, dentists and a number of other health and social care professionals. Migrant workers intending to work in these areas may obtain a work visa, all work authorisations depending on whether they come from a country whose nationals require entry visas. Work authorisations are granted to nationals who do not require entry visas. Work abuses and authorisations are granted for two years, are renewable and migrant workers with this type of permission to work may change employers providing they remain in the same sector.

Employment permits and work authorisation schemes are not set out in legislation, however section 2(3) of the Employment Permits Act 2003 sets out the penalties for employees and employers when work is taking place without permits. Penalties range from €3000 fines or 12 months imprisonment to €250,000 fines and ten years imprisonment. In April 2003, the government department of Enterprise, Trade and Employment set out which occupational sectors are ineligible for employment permits, these include: administrative; labourers and builders; sales staff; transports staff; childcare workers; hotel staff and reception staff and bar persons.

Migrant workers have the same rights and entitlements in terms of remuneration, working hours, holidays and work conditions, as nationals. They also have the same rights as Irish nationals in relation to maternity leave, parental leave, and unfair dismissal. Dismissal is regarded as unfair when it has been partly or solely as a result of various factors including religion, race, skin colour or sexual orientation under section 6 of the Unfair Dismissal Act 1977. Migrant workers discriminated against employment may seek redress under the Employment Equality Act, 1998 (see 8.6 – Discrimination against migrants). Migrant workers also have limited rights to family reunification (see 8.8 – Family Reunion).

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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