New Provisions for Non-EEA workers who are made redundant

The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, TD, in consultation with the Tánaiste and Minister for Enterprise Trade and Employment, Ms Mary Coughlan, TD, has today announced changes in the way the immigration system deals with non-EEA migrant workers who are made redundant.
The Minister's press release can be found on Ahern announces easing of the immigration rules for redundant non-EEA migrant workers 

The new arrangements apply to:

  1. Lawfully resident persons who have worked for 5 consecutive years with an Employment Permit issued by the Minister for Enterprise Trade and Employment
  2. Lawfully resident persons who have worked in accordance with an Employment Permit for less than 5 years and have been made redundant involuntarily.   
  1. Persons who have worked for 5 consecutive years with an Employment Permit issued by the Minister for Enterprise Trade and Employment (Immigration Stamp 1).
    All non-EEA persons who have held employment permits for 5 years or more consecutively and have been working lawfully during that time will be exempted from the requirement to hold a work permit.This applies equally to those who are still in employment and to those with an employment permit who, having completed 5 years work, have since been made redundant.
    Other details are:
    • Persons in this category will be issued a Stamp 4 immigration permission signifying the right to be present in the State and to be employed without an employment permit.
    • This permission will run for one year. It may be renewed annually but this will depend on whether the holder is in employment or if redundant is making efforts to seek employment and has not become an undue burden on the State.
    • The holder of this permission will be free to work in any employment and will no longer be limited to the current employer. Should they subsequently be made redundant they are free to seek other employment.   
    • The Stamp 4 permission in these cases cannot be construed as conferring any other rights or entitlements. It is not long term residence and it cannot be seen as any guarantee of permanent status.
    • The Stamp 4 permission does not include a right of self-employment or business permission (such permissions are, however, given to those who secure long term residence).
    • The concession is being made irrespective of whether the person is currently an applicant for long term residence.
    • To avail of this concession the applicant must be able to demonstrate via P60 forms that they have been in employment and have paid their taxes as required.

  2. Those who have been living and working legally in Ireland for less than 5 years on the basis of an employment permit.(Also Immigration Stamp 1).


Such persons are currently given a three month grace period by the Department of Enterprise Trade and Employment during which they can seek to find another employer.
A labour market test is applied in respect of new employment.   

It is now proposed to increase the grace period to 6 months.
This will operate  from the date of being made redundant involuntarily (persons who voluntarily quit their employment will not qualify).    

First the foreign national should inform their local immigration office of the change in their circumstances without delay.
The action taken will be:

  • Those with more than 6 months remaining on their immigration permission (as indicated on their GNIB Card).
    The non-EEA national will be permitted to continue to reside under their existing Stamp 1 permission for 6 months.
    At that time the permission will be liable to be terminated unless in the meantime the holder has obtained further employment or has been permitted to remain on another basis.
  • Those who become redundant with less than 6 months left on their immigration permission (as indicated on their GNIB card).
    The non-EEA national will be entitled to have their immigration permission extended to ensure that they receive the full 6 month breathing space.
    (The issue of a new GNIB Card would however be liable to the normal fee of €150).
    If at the end of the 6 month breathing space period the foreign national is still unable to secure new employment they would be expected to leave the State unless they have been permitted to remain on some other basis. 

28 August 2009

Further Information on Redundancy Policy in respect of Non-EEA Migrant Workers