Effective immediately, the Irish Department of Jobs, Enterprise, and Innovation (DJEI) has clarified when employment agencies may sponsor foreign nationals for work permits in Ireland.

Distinction between 'direct employees' and 'agency staff

Under Irish law, only “employers” may sponsor individuals in applications for work permits. In determining whether an employment agency is the “employer” of a foreign national, a distinction is drawn between “direct employees,” which the agency may sponsor for work permits, and “agency staff,” which an agency may not sponsor.“Agency staff” are those individuals who are employed by the agency but who are then assigned to work for, and under the direction of, a third party.The DJEI has now confirmed that where an agreement exists between the employment agency and a third party regarding the employee/applicant rendering services for that third party, any application for a work permit filed by the agency will be refused. Rather, the third party must file on behalf of the foreign employee/applicant.

Clarity in the employment contract when applying for a permit

Going forward, employment agencies that submit work permit applications for foreign employees are encouraged to file a copy of the employee/applicant’s employment contract clearly showing that the employee will be rendering services to the agency and not to a third party.Employment agencies that are unclear whether their current employee relationships or contracts meet the standard for work permit sponsorship are encouraged to contact an immigration specialist for an evaluation of specific cases before submitting any work permit applications for foreign employees.This immigration dispatch was prepared by Pro-Link GLOBAL Visa and Immigration Services.For related news and features, visit our Immigration section.Access hundreds of global services and suppliers in our Online Directory  Get access to our free Global Mobility Toolkit