Notice: Changes to processing time for Atypical Working Scheme

Due to an unprecedented and ongoing increase in applications for the Atypical Working Scheme you should allow at least 20 working days for the processing of your Atypical application.  This is unavoidable but the situation will be monitored and any further changes will be posted to the website.  If you are a Visa required national, you should factor in additional time and the Visa processing time when submitting your Atypical application.  In fairness to all applicants, please note that applications will be dealt with in strict chronological order and you should ensure that your application is submitted in time in order that you may comply with the conditions of the employment contract offered.

24 March 2017

 

ATYPICAL WORKING SCHEME GUIDELINES

The Department of Justice and Equality (Irish Naturalisation and Immigration Service - INIS) in agreement with the Department of Business, Enterprise and Innovation, administers the Atypical Working Scheme. The purpose of the Scheme is to provide a streamlined mechanism to deal with atypical, short term employment or certain other employment situations which are not governed by the Employment Permits Acts or by current administrative procedures under the Employment Permits Acts. It was also agreed with the Department of Business, Enterprise and Innovation, the Department of Health and the HSE that the Scheme should include locum doctors who are employed and paid by an Agency and nurses / midwives who are undertaking the Clinical Adaptation and Assessment Programme or RCSI Examination.

 

Applications under this Scheme must be made from outside the State and the applicant must not travel until in possession of an Atypical Working Scheme Letter of Approval and, where applicable, the appropriate entry visa.

 

Eligible

The Atypical Working Scheme applies to non-EEA nationals who, in certain circumstances, are required by a company/organisation based in the State to undertake work  -

  1. where a skill shortage has been identified;

  2. to provide a specialised or high skill to an industry, business or academic institution;

  3. to facilitate waged/funded short term employment/internship where beneficial or integral/necessary to the Course being studied in respect of 3rd level students studying outside the State in approved/accredited institutions (medical and unwaged/ unfunded internships are not permissable);

  4. as a Locum Doctor (employed and paid by an Agency – Hospital Sector or Primary Care Sector (General Practice));

  5. Clinical Adaptation and Assessment Programme/RCSI Examination;

  6. as a researcher (funded but not eligible for an Employment Permit or Hosting Agreement) for up to 12 months (non-renewable)

Not Eligible

The Atypical Working Scheme does not apply to –

  1. persons already lawfully resident in the State;

  2. persons entering the State for employment purposes of up to 14 calendar days (inclusive/consecutive);

  3. persons entering the State for business purposes of up to 90 calendar days (inclusive/consecutive) e.g. attending meetings/seminars/conferences, sales trips etc;

  4. persons who may avail of permission under the Van Der Elst Judgment;

  5. persons who avail of the Highly Skilled Job Interview Authorisation initiative;

  6. persons in possession of an Employment Permit issued by the Department of Business, Enterprise and Innovation;

  7. persons in possession of an Intra Company Transfer Employment Permit in another jurisdiction;

  8. persons whose employment will impact on the 50/50 rule of the Department of Business, Enterprise and Innovation regarding employment of EEA/non-EEA nationals in an Irish based organisation (Section 12, Employment Permits (Amendment) Act 2014).

 

Applications

Applications will be considered by INIS and, where applicable, in consultation with the Employment Permits Section of the Department of Business, Enterprise and Innovation for assessment of possible impact on the labour market.

Applications to avail of this Scheme may be made by the non-EEA applicant or an Authorised Legal Representative on the AWS Application Form  This document is a pdf provided.  Please note changes on payment section of Atypical Application Form, as from 1 January 2017.

If completed by an Authorised Legal Representative, a Letter of Authorisation signed by the applicant must be submitted with the Application Form.

A non-refundable application fee of €250 to be paid by the non-EEA applicant by Electronic Funds Transfer. Please ensure you write ‘AWS and your full passport name in the ‘Reason for Payment’ and/or ‘Reference’ section.

Please note the Department’s bank account details - (Please note, the bank account details have changed today 06/03/2017 and are applicable from 13 March 2017).

BIC:

BOFIIE2D

IBAN:

IE65 BOFI 9000 1782 4921 91

Name of Account Department of Justice and Equality
Bank name Bank of Ireland
Bank address 2 College Green, Dublin 2

 

Attention is drawn to the following: if payment fails for any reason, the employment permission is in jeopardy.

NOTICE:  From 1 January 2017, payment for the atypical working scheme must be made by Electronic Funds Transfer (EFT)

A letter of confirmation from the Irish based host body should also be submitted as part of the application. An application under this initiative does not guarantee a positive response.

 

Processing Time

Please allow for a processing time of at least 20 working days.

 

Entry Visas

In the case of visa-required nationals, a copy of the Letter of Approval issued by INIS under this Scheme must be included as a supporting document when applying for an entry Visa. An entry Visa may not be applied for prior to the approval of an application under this Scheme. A processing time of up to eight weeks should be allowed for the processing of a visa application.

For further details about making such application, please see Criteria and Conditions and General Information .

Queries – any queries or requests for clarification should be submitted to INIS via atypicalworkingscheme@justice.ie

Applicants should ensure that they read the Criteria and Conditions/General Information sections of these Guidelines before making an application.

Criteria 
Conditions and General Information 
Application Form  This document is a pdf

 

Published 23 January 2017

Updated 24 March 2017

 

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