1. What is an Intra-Company Transfer Permit in Ireland?

The Intra-Company Transfer Permit in Ireland is a type of work permit that allows multinational companies to transfer employees from outside the European Economic Area (EEA) to work in their Irish branch for a temporary period. This permit is specifically designed to facilitate the transfer of employees with specialized knowledge, skills, and experience within the same company group.

1. The main criteria for obtaining an Intra-Company Transfer Permit include the employee having worked for the overseas company for a minimum period, being paid a certain salary level, and having the necessary qualifications and experience for the role in Ireland.

2. The permit typically allows the employee to work in Ireland for a specific duration, after which they are expected to return to their home country or move to another branch within the company group.

3. It is essential for both the sending and receiving companies to be part of the same corporate group, with the sending company being based outside the EEA and the receiving company having operations in Ireland.

Overall, the Intra-Company Transfer Permit provides a streamlined process for multinational companies to transfer key personnel across borders for short-term assignments, enabling them to leverage their global talent pool effectively.

2. Who is eligible for an Intra-Company Transfer Permit in Ireland?

1. To be eligible for an Intra-Company Transfer Permit in Ireland, an individual must be an existing employee of a company and have been offered a transfer to a branch, affiliate, or subsidiary of the same company in Ireland. The employee must have been working for the company for a minimum period before the transfer, which is usually one year, although exceptions may apply.

2. The employee being transferred should hold a key position within the company and possess specialized knowledge, skills, or expertise that is essential to the Irish operation. The salary of the individual must meet certain threshold requirements to ensure that they are not being used to displace local workers.

Overall, eligibility for an Intra-Company Transfer Permit in Ireland is primarily based on fulfilling the conditions set by the Irish immigration authorities to ensure that the transfer is beneficial for both the company and the Irish economy.

3. What are the requirements for obtaining an Intra-Company Transfer Permit in Ireland?

To obtain an Intra-Company Transfer Permit in Ireland, several requirements must be met:

1. The applicant must have been employed by the overseas company for a minimum period of 6 months before the transfer to Ireland.

2. The applicant must be in a managerial, specialist, or key employee role within the company, and the transfer must be necessary for the operation of the business in Ireland.

3. The applicant’s salary and conditions of employment in Ireland must be in line with Irish employment law and industry norms.

4. The overseas and Irish companies must be part of the same corporate group or have a legal relationship, such as a parent, subsidiary, or affiliate relationship.

5. The Irish company must provide confirmation that they are trading and can support the employment of the transferee.

6. The application must be supported by extensive documentation, including a detailed job description, proof of qualifications and experience, and evidence of the corporate relationship between the overseas and Irish companies.

Meeting these requirements is essential for a successful application for an Intra-Company Transfer Permit in Ireland.

4. How long is an Intra-Company Transfer Permit valid for in Ireland?

An Intra-Company Transfer Permit in Ireland is typically valid for a maximum period of 2 years. This permit is granted to facilitate the transfer of key employees from an overseas branch of a company to its Irish branch. The 2-year validity period allows for a significant amount of time for the employee to work within the Irish branch and contribute to the company’s operations in Ireland. For individuals who need to stay in Ireland beyond the 2-year period, they may be able to apply for an extension of the permit, subject to meeting certain criteria and requirements outlined by the Irish Naturalisation and Immigration Service (INIS).

5. Can family members accompany the holder of an Intra-Company Transfer Permit in Ireland?

Yes, family members of the holder of an Intra-Company Transfer (ICT) Permit in Ireland can accompany them during their stay. This is known as the Dependent Partner/Spouse Employment Permit. The dependent family members, including spouses, civil partners, and children under 18 years old, are eligible to apply for this permit. The Dependent Partner/Spouse Employment Permit allows the family member to work in Ireland without the need for a separate work permit. However, it is essential to ensure that the accompanying family members comply with all the relevant immigration and work permit regulations during their time in Ireland.

6. Can an individual switch employers while holding an Intra-Company Transfer Permit in Ireland?

Yes, an individual holding an Intra-Company Transfer Permit in Ireland can switch employers under certain conditions. In general:

1. The new employer must obtain a new Intra-Company Transfer Permit for the individual before they start working for the new company.

2. The new permit application will undergo scrutiny by the Department of Enterprise, Trade, and Employment to ensure that the new position meets the Intra-Company Transfer Permit criteria.

3. The individual may need to provide updated documents and information to support the new application, including an updated employment contract.

4. It’s essential to ensure that all legal requirements are met to avoid any potential issues with immigration authorities.

5. It is advisable to seek guidance from a legal professional specializing in Irish immigration law to navigate the process smoothly and ensure compliance with all regulations.

In conclusion, while it is possible for an individual to switch employers while holding an Intra-Company Transfer Permit in Ireland, it is crucial to adhere to the specific procedures and regulations to facilitate a smooth transition.

7. What are the key differences between an Intra-Company Transfer Permit and a Critical Skills Employment Permit in Ireland?

1. The key difference between an Intra-Company Transfer Permit and a Critical Skills Employment Permit in Ireland lies in the eligibility criteria and the purpose of these permits. The Intra-Company Transfer Permit is specifically designed for multinational companies to transfer key personnel to their Irish branch for a temporary period. This permit allows employees to be transferred within the same company group to Ireland for specialized roles that require a certain level of skill or expertise.

2. On the other hand, the Critical Skills Employment Permit is aimed at attracting highly skilled individuals to Ireland to fill specific roles in sectors where there is a skill shortage. This permit is not limited to intra-company transfers and can be obtained by individuals who have been offered a qualifying job in Ireland that meets specific criteria related to remuneration and skill level.

3. Another key difference is the processing time and validity period of these permits. Intra-Company Transfer Permits are usually processed more quickly as they are meant for temporary assignments, typically ranging from 12 to 24 months, with the possibility of extension. Critical Skills Employment Permits, on the other hand, are aimed at long-term employment in Ireland and may have a longer processing time, but offer a path to permanent residency in the country.

4. Additionally, the criteria for renewal and the potential pathways to permanent residency differ between the two permits. Intra-Company Transfer Permits may allow for extensions based on the temporary nature of the assignment, but they do not directly lead to permanent residency in Ireland. Critical Skills Employment Permits, on the other hand, offer a pathway to long-term residency in Ireland, making them attractive for individuals seeking to settle in the country.

5. In summary, the key differences between an Intra-Company Transfer Permit and a Critical Skills Employment Permit in Ireland revolve around their eligibility criteria, purpose, processing time, validity period, and potential pathways to permanent residency. Understanding these distinctions is crucial for employers and individuals looking to navigate the Irish immigration system and choose the appropriate permit for their specific needs and circumstances.

8. Is there a quota for the number of Intra-Company Transfer Permits issued in Ireland?

There is currently no specific quota set for the number of Intra-Company Transfer Permits issued in Ireland. This means that eligible multinational companies can apply for these permits based on their business needs and the qualifications of their intra-company transferees. It is important to note that the application process and eligibility criteria for these permits are outlined by the Department of Enterprise, Trade and Employment in Ireland. The permits are typically granted for a specified period and are intended for intra-company transferees who are transferring to an Irish branch or subsidiary of their company for work purposes. The absence of a set quota allows for flexibility in the issuance of these permits based on the demands of businesses operating in Ireland.

9. How does an employer apply for an Intra-Company Transfer Permit for their employee in Ireland?

To apply for an Intra-Company Transfer Permit for an employee in Ireland, the employer must follow a specific process. Here is a general outline of the steps involved:

1. Determine eligibility: The employer must first ensure that the employee meets the eligibility criteria for an Intra-Company Transfer Permit. This includes having worked for the overseas entity of the company for a specified period and being offered a role in the Irish branch.

2. Completion of application form: The employer needs to complete the relevant application form for the permit, providing all necessary information about the employee, the role being offered, and the company details.

3. Submission of supporting documents: Alongside the application form, the employer must submit supporting documents such as the employment contract, proof of the employee’s qualifications and experience, and evidence of the company’s registration and financial standing.

4. Payment of fees: There is a fee associated with the application for an Intra-Company Transfer Permit, which the employer must pay upon submission of the application.

5. Wait for a decision: Once the application is submitted, the Department of Business, Enterprise, and Innovation will assess the application and make a decision on whether to grant the permit.

6. Notification of decision: The employer will be informed of the decision on the permit application, and if approved, the employee can then proceed with obtaining the necessary visa or entry clearance to work in Ireland.

Overall, the process of applying for an Intra-Company Transfer Permit in Ireland requires careful preparation, documentation, and compliance with the relevant regulations to ensure a successful outcome for the employer and employee involved.

10. Are there any restrictions on the type of work that can be carried out under an Intra-Company Transfer Permit in Ireland?

1. Yes, there are certain restrictions on the type of work that can be carried out under an Intra-Company Transfer Permit in Ireland. The permit is specifically designed for employees who are being transferred within a multinational company to a branch, subsidiary, or affiliate in Ireland. The work must be in a specialized role, such as managerial, executive, or critical skills positions, and must be linked to the company’s operations in Ireland.

2. The employee must possess the necessary qualifications, skills, and experience required for the role they are being transferred to in Ireland. It is important that the employee’s skills are not readily available in the local labor market, justifying the need for the transfer. The Intra-Company Transfer Permit does not allow for self-employment or freelance work, and the employee must be contracted directly by the transferring company.

3. Additionally, the duration of the transfer is limited under the permit. The employee can stay in Ireland for a maximum of two years initially, with a possibility of extending for up to a further three years, making a total of five years. It’s essential to adhere to these timeframes to remain compliant with the permit regulations. Overall, while there are restrictions in place, the Intra-Company Transfer Permit provides a valuable opportunity for multinational companies to transfer key personnel to their operations in Ireland for specific roles that are not easily filled locally.

11. Can an individual apply for permanent residency in Ireland after holding an Intra-Company Transfer Permit?

Yes, an individual who holds an Intra-Company Transfer Permit in Ireland may be eligible to apply for permanent residency, known as Long Term Residence in Ireland, after meeting certain criteria. To be eligible for Long Term Residence, the individual must have legally resided in Ireland for a specified period of time, usually five years of continuous legal residence, including periods on the Intra-Company Transfer Permit. Additionally, the individual must demonstrate that they have been continuously employed and have integrated into Irish society. Meeting these requirements, among others, would make the individual eligible to apply for permanent residency in Ireland after holding an Intra-Company Transfer Permit.

12. What are the conditions of employment that must be met under an Intra-Company Transfer Permit in Ireland?

Under an Intra-Company Transfer Permit in Ireland, several conditions of employment must be met:
1. Employed with the overseas company for a minimum period of 6 months prior to the transfer.
2. Employed in a specialized role within the company.
3. Paid at least the minimum wage requirement in Ireland.
4. Have full-time employment status in the company, not self-employed.
5. Work for a company with a presence in Ireland, among other stipulated requirements.

These conditions are in place to ensure that the individual being transferred is genuinely an employee of the overseas company and is being temporarily transferred to an affiliated entity in Ireland. The purpose of the Intra-Company Transfer Permit is to facilitate the transfer of key personnel within multinational companies while ensuring that the rights of both the worker and the local workforce are protected.

13. Can an individual apply for Irish citizenship after holding an Intra-Company Transfer Permit?

Yes, an individual can apply for Irish citizenship after holding an Intra-Company Transfer Permit. In order to be eligible for Irish citizenship, the individual must have legally resided in Ireland for a certain period of time as specified by the Irish Nationality and Citizenship Act 1956. Typically, this requirement entails residing in Ireland for at least five years before applying for citizenship. Therefore, holding an Intra-Company Transfer Permit can contribute to this residency requirement if the individual has been living and working in Ireland under this permit for the necessary period. It is important to note that other criteria, such as good character, intention to continue to reside in Ireland, and language proficiency, also need to be met when applying for Irish citizenship.

14. Are there any language proficiency requirements for an Intra-Company Transfer Permit in Ireland?

1. Yes, there are language proficiency requirements for an Intra-Company Transfer Permit in Ireland.
2. The applicant must demonstrate proficiency in the English language, as it is the primary language of business in Ireland.
3. This requirement ensures that individuals being transferred to work in Ireland can effectively communicate and carry out their job responsibilities.
4. Generally, a standard level of English proficiency is expected, but there are no specific tests or certifications required.
5. However, companies should ensure that their employees have a sufficient level of English language skills to perform their duties effectively in an Irish work environment.
6. It is important for both the employer and the employee to be aware of the language requirements to prevent any misunderstandings or challenges in the workplace.

15. Can an individual extend their stay in Ireland under an Intra-Company Transfer Permit?

Yes, individuals holding an Ireland Intra-Company Transfer Permit can apply to extend their stay in Ireland under certain conditions. To extend their stay, the individual must submit a new application for the permit before the existing permit expires, typically at least one month before the expiration date. The extension will be subject to approval by the Department of Business, Enterprise and Innovation in Ireland.

1. The individual must continue to meet the criteria for the Intra-Company Transfer Permit, including working for the same employer and in the same role as stated in the initial application.
2. The extension may also be granted if there are valid reasons for the continued stay in Ireland, such as the need to complete a project or for further training within the company.
3. It’s important for the individual to ensure that all necessary documentation and requirements are met when applying for the extension to increase the likelihood of approval.

16. Are there any sectors or industries that are not eligible for an Intra-Company Transfer Permit in Ireland?

1. In Ireland, certain sectors or industries are not eligible for an Intra-Company Transfer Permit. These typically include roles in the domestic labour market where there is an abundance of local talent or positions that are not considered specialized or high-level. Sectors such as hospitality, retail, and construction may not be eligible for this type of permit as they are generally more accessible to local workers and do not require specific skills or expertise that would warrant the granting of an Intra-Company Transfer Permit.

2. Additionally, certain sectors that are subject to strict regulatory requirements or where security clearances are essential, such as roles in law enforcement, national security, or healthcare, may also be ineligible for an Intra-Company Transfer Permit. This is to ensure that individuals working in sensitive or critical areas meet the necessary standards and qualifications set by relevant authorities in Ireland.

3. It’s important for employers and employees considering an Intra-Company Transfer to carefully review the eligibility criteria set by the Irish government and consult with immigration experts or legal professionals to determine if their specific sector or industry qualifies for this type of permit.

17. How is the salary level determined for an Intra-Company Transfer Permit in Ireland?

In Ireland, the salary level for an Intra-Company Transfer Permit is determined based on several factors:

1. Minimum Salary Requirements: The Department of Business, Enterprise, and Innovation in Ireland sets specific minimum salary requirements for different categories of Intra-Company Transfer Permits. It is essential to ensure that the salary offered to the transferee meets or exceeds these minimum thresholds.

2. Comparable Wage: The salary level may also be determined based on the transferee’s qualification, experience, and the prevailing wage rates for similar positions in Ireland. The salary should be at a level that is considered fair and competitive within the Irish job market.

3. Employer’s Justification: The employer sponsoring the transfer must justify the salary level proposed for the transferee in the context of the specific role, the skills required, and the overall compensation package being offered.

4. Immigration Regulations: Compliance with Irish immigration regulations is crucial in determining the salary level for an Intra-Company Transfer Permit. The salary must meet the requirements set out by the Irish Naturalisation and Immigration Service (INIS).

Overall, the salary level for an Intra-Company Transfer Permit in Ireland is assessed based on various factors to ensure that the transferee is offered a competitive and fair remuneration package while also meeting the necessary regulatory standards.

18. What rights and protections are afforded to individuals holding an Intra-Company Transfer Permit in Ireland?

Individuals holding an Intra-Company Transfer Permit in Ireland are afforded certain rights and protections. These include:

1. Right to work: Holders of this permit are entitled to work in Ireland for the specified duration of their permit.
2. Right to family reunification: Permit holders can bring their immediate family members to join them in Ireland.
3. Employment rights: They are entitled to the same employment rights as Irish workers, including minimum wage and the protection of employment laws.
4. Social security: Permit holders are entitled to access social security benefits while residing in Ireland, subject to certain conditions.
5. Healthcare: They have access to healthcare services in Ireland through the public healthcare system or private insurance.
6. Legal protections: They are protected by Irish labor laws against discrimination, unfair dismissal, and other workplace issues.
7. Right to appeal: Permit holders have the right to appeal any decisions made regarding their permit status.

Overall, individuals holding an Intra-Company Transfer Permit in Ireland are provided with a range of rights and protections to ensure their well-being and fair treatment during their stay in the country.

19. Can an Intra-Company Transfer Permit holder apply for a Stamp 4 permission in Ireland?

Yes, an Intra-Company Transfer Permit holder in Ireland can apply for a Stamp 4 permission under certain conditions:
1. The individual must have been legally resident in Ireland on the basis of the Intra-Company Transfer Permit for a specific period, usually between 2 to 5 years, depending on the circumstances.
2. The applicant must provide evidence that they have been continuously employed by the same employer during their stay in Ireland and have complied with immigration laws.
3. The decision to grant a Stamp 4 permission is at the discretion of the Irish Naturalisation and Immigration Service (INIS) and is subject to meeting specific criteria related to employment, taxation, and residency requirements.
4. Stamp 4 permission allows the holder to work and reside in Ireland without restrictions and is usually granted for a specified period.
Overall, while it is possible for an Intra-Company Transfer Permit holder to apply for Stamp 4 permission in Ireland, meeting the eligibility criteria and following the correct application process is essential.

20. Is there a pathway to permanent residency or citizenship for individuals holding an Intra-Company Transfer Permit in Ireland?

Yes, individuals holding an Intra-Company Transfer Permit in Ireland do have a pathway to permanent residency or citizenship, although it is not directly tied to the permit itself. Here is how the process typically works:

1. Eligibility: To qualify for permanent residency in Ireland, an individual must usually have lived and worked in the country for a certain period of time, usually five years. During this time, the holder of an Intra-Company Transfer Permit can work in Ireland under the conditions of their permit.

2. Critical Skills Employment Permit: After residing and working in Ireland for a period and meeting certain criteria, individuals may be eligible to apply for a Critical Skills Employment Permit, which allows them to work for any employer in Ireland. This permit is often a stepping stone towards permanent residency.

3. Long-Term Residency: Once an individual has held a Critical Skills Employment Permit or another eligible permit for a specified period, they may apply for long-term residency in Ireland. This can eventually lead to eligibility for citizenship.

4. Naturalization: After a certain number of years of legal residence in Ireland, individuals can apply for Irish citizenship through the naturalization process. This typically requires a set number of years of residency, knowledge of the Irish language and culture, and a commitment to the Irish state.

While holding an Intra-Company Transfer Permit does not directly lead to permanent residency or citizenship in Ireland, it can be a foundational step in the journey towards securing long-term immigration status in the country.