For Short Term Employment, Ireland Introduces Atypical Working Scheme

12 Sep 2013

Atypical Working Scheme - a new short term employment category called took effect from 2nd September 2013 in Ireland. This pilot project developed and implemented by the Department of Jobs, Enterprise and Innovation, and the Department of Justice and Equality (INIS (Irish Naturalization and Immigration Service)). This scheme provides a streamlined mechanism to handle short term employment, ranging between 14 and 90 days, where the nature of work is not governed by the current administrative procedures under the Employment Permits Acts or by the Employment Permits Acts.

The Atypical Working Scheme caters to non-EEA (European Economic Area) nationals who are needed by a company to undertake short-term contract work in the following circumstances:

• Where a skill shortage has been established including secondment as an intra-company transfer;
• To provide a specialized or high skill to a business, academic institution or industry
• To facilitate trial employment of an occupation on the Highly Skilled Occupations List; and
• To facilitate paid internships for full-time non-EEA Students studying outside the State (excluding medical internships).

Applications are submitted to the INIS, and a written notification of approval is then issued by the INIS. The anticipated processing time of an application is approximately 2 weeks. Prior to approval of an application under the Atypical Working Scheme, foreign nationals who need a visa cannot apply for an entry visa. The visa processing time may take up to eight more weeks.

In addition, within a 12 month period, the Atypical Working Scheme allows only one short-term employment application by a non-EEA national. In order for a prospective Irish based host company to sponsor an Atypical Working Scheme employment visa, the company being registered with the Company Registrations Office is a must.

Also, non-EEA nationals employed by an EU company must apply under the Van der Elst process and cannot apply for an Atypical Working Scheme visa. The Van der Elst process provides an exemption for an EU company’s employee on a short term assignment.

This Atypical Working Scheme does not apply to:

• Foreign nationals entering Ireland for business purposes for up to 14 days
• Transfers of personnel in excess of 90 days.

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