In This Section
Introduction
In most cases where a non-EEA national wishes to work in Ireland, he or she must apply to the Department of Enterprise, Trade and Employment (DETE) for an Employment Permit. DETE’s employment permit system is underpinned by the Employment Permits Acts.
The Atypical Working Scheme (AWS) was developed by agreement between the Department of Justice to Department of Justice, Home Affairs and Migration and the Department of Enterprise, Trade and Employment (DETE), in order to facilitate specialised, highly-skilled employment of a short term nature (generally less than 90 days) that is not supported by current Employment Permit legislation. Following consultation with other Government Departments and Agencies (including the Department of Agriculture, Food and the Marine, the Department of Health, and the Health Services Executive (HSE)), certain other employment situations are also supported by the Atypical Working Scheme.
Note: Work for a duration of greater than 90 days is only permitted under the Atypical Working Scheme for the following roles:
- Doctor providing locum services in the Hospital Sector
- Nurse seeking NMBI (Nursing and Midwifery Board of Ireland) registration on the basis of overseas qualification
- Paid internships where the position is an integral component (i.e. required for graduation) of studies in an accredited institution.
For all other employment situations of greater than 90 days, please contact the Department of Enterprise, Trade and Employment regarding an application for an employment permit.
Eligibility
The above measures apply only to the “general” category of applications for permission under the Scheme (including the entertainment industry, biotech, pharmaceutical, and technology sectors) and will have no impact on applications for permission to enter the State as frontline medical personnel, for the purposes of an internship, or under other categories of permission available under the Scheme.
Some AWS permissions can be granted on more than one occasion, but this normally requires the person to leave the State between permissions. Permission is granted in a ‘block’ commencing on the first date of entry into the State and expiring after the time period identified above, regardless of the overall duration to be spent in the State in that time. Any exit from and re-entry to the State during a permission granted must occur within the period of that permission. If you do not fall under the above exceptions to the 90 day maximum permission granted under the AWS scheme and require more than 90 days permission in the State, you must make an application for an Employment Permit to the Department of Enterprise, Trade and Employment.
Permission granted under the AWS is for the sole purpose it was applied for. It is not transferable for any other role or purpose in the State. Permission granted under the Scheme is not reckonable when determining eligibility for Stamp 4 permission.
Family members may not accompany the person availing of this Scheme.
Prospective Irish-based host companies must be registered with the Company Registrations Office.
Please note that permission under the Atypical Working Scheme cannot be used as a ‘bridging permission’. This means that permission under the Scheme cannot be used to either:
In cases where information provided suggests that permission under the Atypical Working Scheme is intended to be used as a bridging permission, the application will not be granted, and any current permission under the Scheme may be rescinded.
Number 2 above does not apply to Nurses undertaking Clinical Adaptation or an RCSI (Royal College of Surgeons in Ireland) Aptitude Test, who must apply for and receive their Employment Permit prior to the expiration of their permission under the Atypical Working Scheme permission.
All types of employment for which an application under the Atypical Working Scheme is submitted must comply with all relevant employment laws in the State. In addition to this, unless stated otherwise for a specific application category, all salaries paid to any person under the Atypical Working Scheme must meet the salary threshold of the General Employment Permit. Information regarding this threshold is available here.
Following consultation with Department of Enterprise, Trade and Employment it has been agreed that, in accordance with the duration of permission granted under the Scheme, the allowable payment of health insurance payments to a health insurer registered with the Health Insurer Authority which can be deemed reckonable when confirming compliance with this threshold will be 25% (one quarter) of the difference between National Minimum Wage and the salary threshold for the General Employment Permit.
Your current passport must be valid for at least as long as the permission you are applying for under the Scheme. If your passport expires before the end of the permission you are applying for, your application will be refused.
If you are currently resident in a country other than your country of nationality, you must also include details of the duration of this permission on the application form, and a copy of the relevant permission that you hold. Permission under the Atypical Working Scheme will not be granted for a longer duration than the expiry of your permission to remain in your country of residence.
Who is eligible to apply for permission under the Atypical Working Scheme?
You are eligible to apply for an Atypical Working Scheme permission if you are a non-EEA national who, in certain circumstances, is required by a company/organisation based in the State to undertake work:
Who is not eligible to apply for permission under the Atypical Working Scheme?
You are not eligible to apply for an Atypical Working Scheme permission if:
For more information on eligibility/ineligibility in relation to Employment Permits, please go to the website for the Department of Enterprise, Trade and Employment at www.enterprise.gov.ie.
How do I apply?
You must apply for your AWS permission through the Online Application portal.
Is there a fee for this process?
Yes, you must pay a processing fee of €250 for each application under the Scheme by credit card when submitting your application. This is the final stage of the submission process.
The application fee is non-refundable. Please be aware that, if payment of the application fee is not received in full, your application cannot be accepted or processed.
How long will it take for my application to be processed?
You must allow a minimum of 20 working days for your application to be processed from the date we receive all required documentation and information relating to your application. No application will be deemed to be submitted until all required documentation and information has been provided completely and accurately.
Applications are processed strictly in the order in which they are received and no requests for applications to be expedited will be entertained. An applicant must not book their travel to Ireland until they are in possession of their letter of approval under the Scheme and their visa, if they also require one.
What documents do I need to submit along with my application form?
Each type of application is different and requires a different application form and specific documentation. Please refer to the section ‘Application Categories’ below.
How will I know if my application is successful?
Application categories
The contract of employment provided in support of any application must be signed, in ink, and dated by both parties, digitally inserted signature or date information will not be accepted. The contract of employment must be provided as a single scanned document and cannot include any handwritten text which cannot be verified as having been viewed and agreed to by both parties.
A letter of offer is not equivalent to a contract of employment in national employment law and cannot be accepted.
Should a contract of employment require resubmission for any reason, the updated contract of employment provided must be newly signed and dated by both employer and employee in order to demonstrate that all parties are aware of, and agree to, any amendments so made. Any amended pages of the contract must also be signed and dated by both parties.
Are you filling a vacancy for a skill shortage, for example an IT worker, an engineer, an actor?
This application category applies to:
If you are required to fill a vacancy where a skill shortage has been identified, for example as an engineer or IT worker, and the period of employment is between 15 and 90 days, you should complete the online application form and provide the following documents:
Are you providing a specialised or high skill to an industry, a business or an academic institution, for example, a specialist engineer, an ICT professional?
If you are coming to the State to provide a specialised or high skill to an industry, a business or an academic institution, then you should complete the application form below. This form should be submitted together with the following documents:
Do you intend to come to Ireland to facilitate a short-term paid internship?
You should complete the application form below and submit the form together with the following documents:
Please note that applications for permission to enter the State for an internship that qualify for an Internship Employment Permit must be submitted to the Department of Enterprise, Trade and Employment.
Are you coming to the State to work as a locum doctor in the primary care (GP) sector or hospital sector?
If you are coming to the State to work as a locum doctor in the Primary Care Sector/General Practice or if you are being employed in the Hospital Sector, you should complete the application form below and submit the form together with the following documents:
For assistance with the submission of applications, please see our Training Materials.
Are you coming to the State to compete the appropriate Clinical Adaptation Process to allow you to work as a Registered General Nurse (RGN) in the State?
The Department of Justice to Department of Justice, Home Affairs and Migration, Department of Enterprise, Trade and Employment, Department of Health and Children and the Health Service Executive (HSE) agreed that the AWS would include nurses and/or midwives who come to the State to undertake the Clinical Adaptation and Assessment programme or a Royal College of Surgeons in Ireland (RCSI) examination. If you are coming to the State to complete either of these, you should complete the application form below and provide the following documents:
Please note that an approval in this case is only to allow you to complete the Clinical Adaptation process or sit the RCSI Aptitude Test and apply for an Employment Permit allowing you to work as a nurse. It does not grant permission to work in the State until an Employment Permit has been granted.
The Atypical Working Scheme does not grant permission to undertake a period of Clinical Adaptation for any other role than that of Registered Nurse.
For assistance with the submission of applications, please see our Training Materials.
If your application is approved
To enter Ireland
If your application is successful, you may also need a visa to come to Ireland. This is in addition to your Letter of Approval.
In the case of visa-required nationals, a copy of the letter of approval issued by ISD under the Atypical Working Scheme must be included as a supporting document when applying for a Visa.
When completing the online Visa Application Form please choose “Employment” as the reason for travel and enter “Atypical Working Scheme” at the field “Purpose of Travel”.
You should allow at least 8 weeks for your visa application to be processed. This amount of time should be taken into consideration when making your application for AWS permission. You cannot apply for a visa prior to the approval of an application under this Scheme.
In Ireland
Any person remaining in the State for up to 90 calendar days (inclusive/consecutive) is not required to register with Immigration Service Delivery. Any person, who is aged 16 years or over, remaining in the State for more than 90 consecutive calendar days must register with immigration after you arrive in Ireland.
Documents required for registration:
Additional conditions of your permission
If your application is refused
If your application is not successful, you will receive a letter from the Atypical Working Unit outlining the reasons why your application was not approved. If your circumstances change and you believe that you are now eligible under the Scheme, you may submit another application.
Contact us
If you have any questions about the operation or the requirements of the Atypical Working Scheme, please feel free to contact us. Please note that this office does not respond to requests for information about the status of any application.
All other queries should be directed to [email protected].
The Atypical Working Scheme Unit does not provide advice by telephone. Please note that no correspondence should be directed to individual staff members. All correspondence should be directed to the email addresses above.