With effect from 2 September the Department of Justice and Equality (INIS) have commenced piloting the Atypical Working Scheme. This scheme will provide a streamlined mechanism to deal with atypical employment where the nature of the work is not governed by the Employment Permits Acts or by administrative procedures under the Employment Permits Acts. In essence, the Department of Justice and Equality will grant permission to work in the State where it is for less than 90 consecutive calendar days provided the employment is not in respect of an occupation on the “Ineligible Categories of Employment” List.

It will apply to the following categories of employees:

a) Those who require a Contract Service Provider (CSP) Employment Permit but the contract between the foreign employer and Irish host body is for between 15 and 90 consecutive calendar days;

b) Those who require an Intra-CT Employment Permit but the transfer between the sending organisation and Irish host body is for between 15 and 90 consecutive calendar days;

c) Foreign nationals on a trial employment in respect of an occupation on the “Highly Skilled Eligible Occupations” List for a period of up to 90 consecutive calendar days with a view to applying for an Employment Permit and awaiting the outcome of the application within that timeframe.

Where the contract or transfer between the foreign employer and the Irish host bodyexceeds 90 consecutive calendar days, an application for either a CSP Employment Permit or Intra-CT Employment Permit must be made regardless of the pattern of travel over the period of the contract or transfer. Such an Employment Permit, if granted, will be on the basis that the foreign national’s contract of employment will remain with the foreign employer in respect of whom the Employment Permit was granted.

One application in a 12 month period will be permissible. Therefore, applicants at (a) and (b) above should assess the potential nature of the transfer or contract and an application for an Intra-CT Employment Permit or CSP Employment Permit considered at the outset.

Those foreign nationals who have been successful in respect of their trial employment should, subject to a job offer, apply for the Employment Permit as soon as possible and allow 3 weeks for their application to be processed. Applications for Employment Permits are subject to qualifying criteria.