Atypical working scheme for nurses

Since the commencement of the Employment Permits (Amendment) Act 2014 in September 2014, non-EEA nurses who have acquired a contract of employment are not entitled to work as a nurse in Ireland until they have successfully completed a Clinical Adaptation and Assessment Programme or Royal College of Surgeons in Ireland (RCSI) aptitude test in the State approved by the NMBI.

Entry into the State for these nurses for the purpose of completing the appropriate Clinical Adaptation Programme or RCSI Aptitude Test is now facilitated under the Atypical Working Scheme (AWS) administered by the Department of Justice.

These conditions apply to:

1. EU trained applicants not entitled to direct registration under the provisions of EU Directive 2005/36/EC of the European Parliament and of the Council
2. Non-EU trained applicants for registration with the Nursing and Midwifery Board of Ireland (NMBI) who are individually assessed by NMBI.

Important notes

If you are unsuccessful in securing NMBI registration you may appeal the matter but must leave the State before expiry of the 6 month permission regardless of whether or not the appeal process has been completed.

If your appeal is successful and you have left the State due to the expiry of your 6-month permission you must apply for an Employment Permit from the Department of Enterprise, Trade and Employment and receive that Permit before re-entering the State to take up the employment.

The start date of your contract must be specified in your application, and in the contract of employment and must reflect the date of your RCSI Aptitude Test or period of Clinical Adaptation and cannot be before that date. This start date must allow sufficient time for you to apply for and receive your permission under the Atypical Working Scheme, and your visa (if required).

This contract can be permanent but must have a minimum duration of 2 years. The contract must specify a date of commencement. The date of commencement cannot be before the date of RCSI Aptitude Test or commencement of Clinical Adaptation. The contract 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.

Permission under the Atypical Working Scheme is granted solely for the purposes of gaining recognition of non-EEA nursing qualifications via Aptitude Test or period of Clinical Adaptation, and application for an Employment Permit from the Department of Enterprise, Trade and Employment. No work of any other kind is permitted in the State until such time as that an Employment Permit has been granted to work as a nurse.

Please note that permission under the Scheme will only be granted on the basis of a suitable contract of employment at a facility that is licensed and registered in line with the requirements of applicable national law or for a defined community nursing role at an appropriate organisation complying with all relevant requirements. Agency work is not permitted under the Atypical Working Scheme.

Work as a Health Care Assistant while availing of permission under the Scheme is not permitted under any circumstances.

Your permission under the Atypical Working Scheme, and your Employment Permit, will be limited to a specific work location and a specific employer. Your contract of employment cannot require you to work in other locations, or for other companies, not specified in your application under the Scheme.

The contract of employment must be signed and dated by both the employee and the employer.

In order to work as a nurse in Ireland you must be registered on the NMBI register. There are two ways to achieve this as follows:

1. You can undertake a clinical adaptation and assessment in an NMBI approved healthcare facility which can take between 6 – 12 weeks, or
2. You can sit the RSCI Aptitude Test which takes place over the course of two weekends.

In all cases, you will be granted permission for a maximum of 6 months.

This should be sufficient time to enable you to successfully complete the Clinical Adaptation and Assessment Programme/RCSI Examination, receive your certificate of registration from the NMBI, acquire an Employment Permit from the Department of Enterprise, Trade and Employment and register your permission in the State. Click here for information on how to register.

When you successfully complete your Clinical Adaptation and Assessment Programme/RCSI Aptitude Test and receive your Personal Identification Number (PIN) from the NMBI, your employer can apply for an Employment Permit for you.

The Employment Permit is granted only in respect of employment by the Irish based host body for the specific location included on the AWS Application Form and subsequently on the AWS Letter of Approval. The applicant is not permitted to change their employer or location of employment mid-contract. This may be varied only in the most exceptional of circumstances and will be closely monitored. The original letter of approval under this scheme must be returned with the request for any changes to the original request.

On receipt of an Employment Permit, the nurse must then register their permission in the State.