Following on our recent article regarding the Atypical Working Scheme, this article will focus on another less utilised or known about employment scheme – Van Der Elst Work Transfers.
The Van Der Elst Work Transfer permission arose following a ruling of the European Court of Justice delivered on the 9th of August 1994 in the case of Raymond Vander Elst v Office des Migrations Internationales Case C-43/93.
This case focused on the rights of an EU company to provide services freely throughout the European Economic Area without having to apply for further employment permits in the relevant countries to which they were posting employees.
The case confirmed that non EEA nationals who are legally employed by a company in an EEA country can provide services on a temporary basis to a company in another EEA country without the need to obtain an additional employment permit.
By way of example, a company based in France with a non EEA national employee who has been lawfully resident in France on a local contract, could post an employee to Ireland to work on a temporary basis (maximum twelve months) without the need to submit an application for an employment permit.
In order to be eligible for the Van Der Elst Work Transfer the employee must be:
- lawfully resident in the EU/EEA country in which the employer is established;
- lawfully employed by the employer in the sending EU/EEA country;
- on the payroll of the employer in the sending EU/EEA country.
Visa required nationals will still require a visa to enter the State under the scheme. Non visa required nationals do not need to apply for a pre-entry visa but should have in their possession appropriate paperwork to present to immigration officials upon entry to the State to prove their entitlement to enter under this permission.
Both visa and non-visa required nationals should attend their local immigration office for registration within 90 days of entry to the State.
The permission to remain in the State granted under the Van Der Elst Work Transfer will not extend beyond the expiry date of a workers original permission to remain in the sending country, even if this results in a permission to remain of less than twelve months being granted in Ireland. The employee is not permitted to work in another employment whilst resident in the State and they are not entitled to be accompanied by family members (although family members can still apply for visit visas for short period where applicable).
Self-employed individuals or holders of intra company transfer permits are not eligible for a Van Der Elst Work Transfer.
Sinnott Solicitors has extensive experience in all aspects of Employment Permit Applications including Van Der Elst Work Transfers.
If you have any queries or require assistance do not hesitate to contact our Immigration Department on 0035314062862 or [email protected]