Right to Work Update for Non-EEA Spouses and Partners of Permit Holders

Our Employment & Benefits team looks at the scope of new rules which will make non-EEA spouses and partners of General Employment Permit (GEP) and Intra-Company Transfer Employment Permit (ICT) holders eligible for Stamp 1G permissions granting them the right to seek employment.

What’s changed?

Previously, eligible non-EEA spouses and partners of General Employment Permit (GEP) holders and Intra-Company Transfer Employment Permit (ICT) holders qualified for a Stamp 3 permit. This would allow the spouse or partner to stay in Ireland for a specified period. However, it prohibited them from engaging in any ‘business, trade or profession’ without a work permit in their own right.

Under the new rules spouses and partners who have been granted family reunification under the Non-EEA Family Reunification Policy are eligible for a Stamp 1G permission, instead of a Stamp 3. This will allow them to work without an employment permit. These rules have taken effect from 15 May 2024.

Application to those already holding a Stamp 3 permission

Eligible spouses and partners of GEP and ICT holders already resident in Ireland on the basis of a Stamp 3 do not need to apply for a new Irish Residency Permission with Stamp 1G permission. Instead, their existing Stamp 3 conditions will be updated to the same conditions as Stamp 1G. When applying for a job, the spouse or partner can simply provide prospective employers with this letter to confirm their right to work.

A new residence permit on Stamp 1G conditions will be issued to eligible persons when they seek to renew their existing Stamp 3 permissions.

To be eligible for this varying of permission the person must, on 15 May 2024, have been a spouse or partner of the holder of:

• A GEP or ICT permit holder
• A Critical Skills Employment Permit Holder (CSEP) or Researcher on a Hosting Agreement
• A Non-Consultant Hospital Doctor on a Multi-Site General Employment Permit
• A person who previously held one of the above and is now on Stamp 4 permission
• A person issued a Reactivation Employment Permit for a GEP, ICT or CSEP

They must also have been granted permission to reside in Ireland under the Non-EEA Family Reunification Policy and currently be legally resident in Ireland on a valid Stamp 3.

Conclusion

This change will have a positive impact for the economy, employers and for eligible spouses and partners of permit holders who wish to work in Ireland, assisting them, to further integrate and permit them to work without the requirement to obtain an employment permit.

If you would like a review of your employment permit policies and procedures, please contact a member of our Business Immigration or Employment Law & Benefits teams.

The content of this article is provided for information purposes only and does not constitute legal or other advice.