Work Permit Application Procedure Please note: All people who have held employment permits for 5 years or more consecutively are now exempt from the requirement to hold a work permit. People in this category should present themselves at the Immigration Bureau in Angelsea St to apply for a Stamp 4 immigration permission, signifying the right to be present in the State and to be employed without an employment permit. Applicants should bring the following documentation: A list of all previous registration dates P60 for the previous year A current payslip Previous work permit Letter from the University confirming employment (can be obtained from Briona Ryng) INTRODUCTION This document sets out the procedure for the application of work permits. PURPOSE The purpose of this policy is to provide guidance to Departments/Schools and Research Units on the procedures to be followed in applying for a work permit for a non-EU national to permit the non-EU national to legally work in University College Cork (UCC). PROCEDURE Introduction A work permit may only be applied for by an employer on behalf of a prospective employee. A work permit must be issued to the University before the prospective employee can take up an offer of employment. It takes approximately 8/10 weeks to obtain a work permit. New Application for a Work Permit The following information should be submitted to Human Resources in support of an application for a new work permit From the employing Head of Department/School or Principal Investigator:

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The cost code from which the payment relating to the fee for the work permit will be made. (Payment in the form of a cheque in respect of the fee for the work permit is then requested from the Accounts Office by the Department of Human Resources) A description of the post together with details of the relevant experience and qualifications of the applicant and reasons for employing a non EEA-national. Details of proposed annual salary, duration of contract and hours of work.

From the applicant for the work permit: Two recent passport photos signed on the back by the applicant.

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A copy of the applicant's CV including details of qualifications held. A clear copy of the individual's current passport including the signature page Copy of entry visa (if applicable) PPS number (if relevant) Details of current address

The Work Permit Application form may be downloaded from www.entemp.ie or alternatively is available from the Department of Human Resources.

The applicant should sign the Declaration (Employee) and forward original Work Permit Application form to the Department of Human Resources together with the additional information requested above. The Department of Human Resources completes the form, prepares the exemption letter (if relevant to the application) and signs the form as the Employer. The completed Work Permit Application Form and relevant attachments from the applicant together with the cheque payment and either the letter of exemption if the post falls into the exemption categories or details of efforts made to recruit an Irish or other EEA national is forwarded to the Department of Enterprise, Trade and Employment. Work Permit Renewal Application The following information is required by the Department of Human Resources at least ten weeks in advance of the scheduled expiry date of the current work permit in order that a work permit renewal is processed in good time. From the employing Head of Department/School or Principal Investigator:

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The cost code from which the payment relating to the fee for the work permit will be made. (Payment in the form of a cheque is then requested from the Accounts Office by the Department of Human Resources) Details of proposed annual salary, duration of contract and hours of work together.

From the applicant for the work permit:

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Two recent passport photos signed on the back by the applicant. A clear copy of the individual's current passport including the signature page Evidence of latest permission received to stay in the country (i.e. stamp in passport, visa) Copy of entry visa (if applicable) The individual's current home address in Ireland A copy of the applicant's latest P60 form

The Work Permit Renewal Form may be downloaded from www.entemp.ie or alternatively is available from the Department of Human Resources. The applicant should sign the Declaration (Employee) and forward original Work Permit Application form to the Department of Human Resources together with the additional information requested above. The Department of Human Resources completes the form (Note: An exemption letter is not required for a renewal) and signs the form as the Employer. The completed Work Permit Renewal Form and relevant attachments from the applicant together with the cheque payment is then forwarded to the Department of Enterprise, Trade and Employment. DOCUMENTATION Work Permit Renewal Form (which may be downloaded from www.entemp.ie or by contacting the Department of Human Resources Work Permit Application form (which may be downloaded from www.entemp.ie or by contacting the Department of Human Resources

FURTHER INFORMATION Further advice and assistance is available from Ms Briona Ryng, Department of Human Resources, University College Cork, 3 Elderwood, College Road, Cork. Tel. 4902364. E-mail: [email protected]. Within three months of arrival to Ireland, non EEA staff must register with their local immigration registration officer. An immigration certificate of registration (GNIB Registration Card) is issued by the Garda National Immigration Bureau to a non-EEA national who registers. A fee of €150 is charged in respect of each immigration certificate of registration (residence permit) issued. It is an employee's own responsibility to keep his/her permission to remain up to date, and any costs associated with this must be borne by him/her APPENDIX 1 GENERAL INFORMATION RELATED TO WORK PERMIT APPLICATIONS Generally, a non- European Economic Area national who wishes to work in Ireland must have a valid work permit. Entering the service of an employer in Ireland without a work permit is an offence under Irish law. Work permits are issued by the Department of Enterprise, Trade and Employment. (DETE) University College Cork, as the prospective employer must apply for the permit. Application is made by the Department of Human Resources in UCC to the Department of Enterprise, Trade and Employment. For certain types of posts there is a requirement to register the post with FÁS Recruitment Services in advance of applying for a work permit in order to ascertain whether there may be any EU candidates who may be suitable for employment. There are a number of occupational sectors, which are currently considered ineligible for work permits. These are announced on a quarterly basis by the DETE. Work permits are not transferable. Currently work permits can be obtained for up to one year's duration on a renewable basis. If it is intended that the work permit holder continue to be employed beyond one year, then a renewal should be applied for in good time prior to the expiry of the current work permit. Depending upon the number of applications which the Department of Enterprise Trade and Employment is processing at any one time; applications for new work permits and renewals may take up to twelve weeks to process. Therefore the relevant Department/School/Research Unit should ensure that the relevant information required to process the application is forwarded to the Department of Human Resources, at least three months before the prospective employee is due to commence employment at the University. Appointees are not legally permitted to work until such time as a valid work permit is in place. All offers of employment are made subject to a valid work permit being issued. The current cost for a Work Permit of one year? duration is €500, the cost of which is borne by the employing Department/School or Research Centre. DEFINITIONS The European Economic Area consists of EU member states together with Norway, Iceland and Liechtenstein. Accordingly nationals of the following states do not require a work permit: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, The Netherlands, Austria, Portugal, Finland, Sweden, The United Kingdom, Norway, Iceland and Liechtenstein. In addition with effect from May 2004, nationals from EU accession states no longer require work permits to work in Ireland. The Accession States are Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia GUIDELINES The Department of Enterprise Trade and Employment (DETE), FÁS and Conference of Heads of Irish Universities (CHIU) have agreed new operational procedures relating to Work Permit applications. Under these procedures, the Universities are exempt from the existing requirement to register certain vacancies with FÁS Recruitment Services in advance of making a Work Permit application to the DETE.

Exceptions from the FÁS process can be applied to the following categories of staff: Academic Staff These are teaching/research posts in the universities. The objective is to secure the most highly qualified candidate from the international academic/research community. Such posts are extensively advertised in the national and international media. As these posts are funded directly from the HEA Core Grant, full public service guidelines are followed in recruiting and appointing these staff members. Senior University Staff This would cover the category of University Presidents, Executive Deans, Director of Research Institutes. By their nature these positions are for people who will be responsible for strategic management (research/teaching) at the highest levels in the university. Recruitment is achieved by international open merit competition and is regularly supplemented by the assistance of executive search or headhunting agencies. In all instances these appointments are approved by the Governing Authority of the Institution. Holders of Fellowships These are people who have received fellowships to carry out research and/or teaching following an open international competition. These may be individuals who have applied to Irish funding agencies (many of our national funding schemes are open to candidates world-wide e.g. Irish Research Council for Science Engineering and Technology) or they may have been funded through European fellowship programmes (e.g. the European Commission Marie Curie scheme). In all cases of fellowships the fund is tied to the individual and cannot be transferred. The fellows are hosted in the universities as employees at academic/research level with contract duration equal to that of the fellowship Visiting Staff These are staff members hired usually for periods of not more than one year who are on secondment from an institution in another country. Typically these would be academic staff that spend a years sabbatical in Ireland. In this case the post is not published as by its very nature is not open to competition. Targeted Research Staff These are categories of academic/research staff in the Universities who are employed targeted or headhunting procedure. This is in the case where highly skilled individuals specific areas are needed to carry out research in a government or international programme. A good example would be researchers working on projects funded by Foundation Ireland.

using a in very funded Science

The University will certify to the Department of Enterprise, Trade and Employment that a post falls into one of the above categories and is therefore exempt from the FÁS procedure. This certification will be processed by the Department of Human Resources on behalf of the Presidents Office. The following procedures will apply in respect of University vacancies: Those vacancies of a nature outlined above will have an exemption from the requirement to register their vacancy with FÁS in advance of a work permit application to the DETE. All other University vacancies must be registered in the normal manner (see http://www.fas.ie/en/Job+Seeker/Working+and+Training+Abroad/Recruiting+outside+Europe.ht m). In a cover letter to the DETE, which will be attached to each Work Permit application, University College Cork will highlight that the vacancy to which the Work Permit application relates, falls

within the parameters covered by the DETE/FÁS agreement and is exempt from the FÁS registration requirement On receipt of the Work Permit application, a DETE Work Permit staff member will satisfy himself or herself that the vacancy falls within the DETE/CHIU agreement. The Work Permit application will then be processed as normal. If a DETE Work Permit staff member has concerns that the vacancy does not fall within the parameters of the DETE/CHIU agreement they may contact the FÁS Employment Services Support Unit for views. Following this consultation a final decision will be made on the eligibility of the application. If an applicant is found to persistently submit applications that are not within the spirit of the agreement between the DETE and the Universities the status of the agreement will be reviewed. The requirement to seek FÁS advertisement does not apply to applications in respect of professional medical personnel or alternatively where the University applies to renew a work permit in respect of an existing employee. For any other vacancies, which do not fall into the categories above, University College Cork must provide evidence to the Department of Enterprise, Trade and Employment that it has not been possible to fill the vacancy with an Irish or other EEA national. It is Government policy that Irish and other EEA nationals are given preference for job opportunities and that all reasonable efforts have been made to find an Irish or other EEA national for the job.