Reactivation Employment Permit: A Lifeline for Migrant Workers in Ireland

For non-EEA nationals working in Ireland, navigating the complex world of immigration and employment legislation can be daunting, especially in circumstances beyond one’s control. The Reactivation Employment Permit (REP) was introduced as a compassionate and pragmatic response to such challenges, providing a route back into lawful employment for those who have unintentionally fallen out of the employment permit system.

In this blog, we explore the purpose, eligibility, and practical details of the Reactivation Employment Permit scheme.

What Is the Reactivation Employment Permit?

The Reactivation Employment Permit allows foreign nationals who previously held a valid employment permit—but who became undocumented through no fault of their own—to re-enter the workforce legally. It replaces the previous process managed via the Migrant Rights Centre Ireland and is available either through an application by the employee or the employer.

The permit is tied to a specific occupation and location and is issued directly to the foreign national, with a certified copy sent to the employer.

Who Can Apply?

You may be eligible for a Reactivation Employment Permit if you:

• Previously held an employment permit and became undocumented without deliberate fault.

• Hold a Spousal/Dependant or Partner/Spouse Employment Permit and have experienced a significant change in personal circumstances (e.g., separation).

• Are a current REP holder made redundant.

• Are a current REP holder seeking to change employer (typically after completing 12 months with the first employer, unless exceptional circumstances apply).

Who Cannot Apply?

The permit is not available to those who:

• Have already availed of the scheme (except in rare, exceptional circumstances).

• Entered the State as a student or tourist and never held a work permit.

• Previously held short-term permits like Internship or Intra-Company Transfer permits and remained beyond their expiry.

• Left Ireland after holding a permit or changed to a different immigration permission (such as from Stamp 1 to another stamp).

How to Apply

The process is multi-step:

1. Apply for Immigration Permission First
   You must first apply to Immigration Service Delivery (ISD) for temporary Stamp 1 permission. This comes with a Reactivation Employment Permit letter from the Department of Justice.

2. Submit Your REP Application
   Once granted the letter and temporary immigration permission, you can apply for the permit via Employment Permits Online. Applications must be submitted at least 12 weeks before the proposed start date.

3. Wait for Processing
   Applications are processed based on employer type (Trusted Partner or Standard) and date of submission. You can check progress via the Online Status Update Enquiry.

4. Respond to Queries
   If additional information is requested, respond within 28 days.

5. Appeal if Necessary
   Refusals may be reviewed within 28 days using the designated review form.

Employer & Employee Criteria

For Employers:

• Must be registered with Revenue and, where applicable, with CRO.

• Must be actively trading.

• Must comply with the 50:50 rule (minimum 50% EEA employees), unless the REP holder is the sole employee.

• Must have a direct employee-employer relationship.

For Employees:

• Must have previously worked legally under an employment permit.

• Must be currently unemployed in Ireland.

• Must have a genuine offer of employment.

• Must possess appropriate skills or qualifications.

• Must remain with the initial employer for 12 months, unless made redundant or serious unforeseen changes occur.

Note: A Labour Market Needs Test is not required for REPs.

Fees

If an application is refused, 90% of the fee is refunded, but only to the applicant.

Residency & GNIB Registration

Holding a permit does not equate to residency. All REP holders must register with the Garda National Immigration Bureau (GNIB) and renew their permission before expiry. Failure to register may impact future applications for long-term residency or citizenship.

Redundancy or Changing Employer

If made redundant, the employee has 6 months to find another job and apply for a new REP. If unable to secure employment, they must contact immigration authorities. A second REP can be issued if all conditions are met.

Changing employers before 12 months is generally not allowed unless:

• Redundancy occurs.

• Significant unforeseen changes affect the job.

After Five Years

If a non-EEA national has held valid REPs for five consecutive years, they may qualify for a Stamp 4 residence permission and no longer require a permit. Alternatively, they may apply for a Renewal Employment Permit:

• Unlimited duration (no fee) if with the same employer for 5+ years.

• Up to 3 years (with fee) if less than 5 years with the same employer.

Transfer of Undertakings

When a business changes ownership, REP holders may continue their employment if:

• The Transfer of Undertaking Form is submitted.

• Employment conditions remain unchanged.

Failure to notify the Department may affect permit renewals.

Permit Cancellation

If the REP holder ceases employment, the permit must be returned within 4 weeks. Not doing so constitutes an offence under the Employment Permits Act 2006.

Final Thoughts

The Reactivation Employment Permit scheme represents a humane and structured pathway for individuals who, through no wrongdoing, find themselves outside of the employment system. It helps ensure that worker protection, legal employment, and immigration compliance go hand-in-hand.