For non-EEA nationals in Ireland, navigating immigration and employment laws can be daunting—especially if circumstances outside your control have disrupted your legal status. The Reactivation Employment Permit (REP) offers a vital route back into lawful employment for those who have unintentionally fallen out of the employment permit system.
In this article, we explain what the Reactivation Employment Permit is, who qualifies, and how the process works.
What Is the Reactivation Employment Permit?
The Reactivation Employment Permit is designed for foreign nationals who previously held a valid employment permit in Ireland but who fell out of the system through no fault of their own, or who experienced exploitation or poor treatment in the workplace.
This permit allows eligible individuals to return to legal employment in the State. Either the foreign national or the employer can apply for a REP. The permit is issued directly to the foreign national, with a certified copy sent to the employer, authorising the individual’s employment in the specific occupation and location(s) specified on the permit.
The Reactivation Employment Permit has replaced a previous permit process that operated through the Migrant Rights Centre Ireland.
Who Can Apply for a Reactivation Employment Permit?
You may be eligible for a Reactivation Employment Permit if you are:
✅ A person who previously held an employment permit but who fell out of the system through no fault of your own and remained in Ireland, although you are currently not legally resident.
✅ A holder of a current Spousal/Dependant or Dependant/Partner/Spouse Employment Permit whose circumstances have changed (e.g. separation), and where the Minister for Justice considers a Reactivation Employment Permit appropriate.
✅ A holder of a Reactivation Employment Permit who has been made redundant. You then have 6 months to seek a new position and apply for a new REP.
✅ A holder of a Reactivation Employment Permit who wishes to change employer. Generally, you must stay with your initial employer for at least 12 months, unless exceptional circumstances justify an earlier change.
Who Cannot Apply?
You are not eligible for a Reactivation Employment Permit if you:
🚫 Have already availed of the scheme and were granted a letter and a Reactivation Employment Permit, unless exceptional circumstances entirely beyond your control exist.
🚫 Entered Ireland as a student or visitor and were never the holder of an employment permit.
🚫 Held an Intra-Company Transfer, Contract for Services, Internship Employment Permit or similar short-term permit, and remained in Ireland after its expiry. These types of permits are temporary or non-renewable and require individuals to leave the State at the end of their permitted stay.
🚫 Previously held an employment permit but subsequently left Ireland.
🚫 Previously held an employment permit and a Stamp 1 residence permission but then changed your immigration status to another Stamp.
Key Eligibility Requirements
To qualify for a Reactivation Employment Permit:
Remuneration must be at least the National Minimum Wage or higher.
All occupations are permitted except domestic roles (other than certain carers in the home).
You must have the relevant skills, qualifications or experience required for the job.
Dependants/partners/spouses of REP holders are not eligible for a Dependant/Partner/Spouse Employment Permit and must apply for a separate permit in their own right.
Employer Requirements
Employers applying for a Reactivation Employment Permit must:
Be registered with the Revenue Commissioners and, if relevant, the Companies Registration Office or Registry of Friendly Societies, and be actively trading in Ireland.
Have a genuine employer–employee relationship, where the employee is salaried and paid directly by the employer.
Ensure that at least 50% of their workforce consists of EEA nationals, unless the REP holder will be the sole employee.
Note: A Labour Market Needs Test is not required for Reactivation Employment Permit applications.
Employee Requirements
To apply for a Reactivation Employment Permit, a foreign national must:
Have previously entered Ireland’s labour market legally on an employment permit.
Not currently be in employment in the State.
Hold a genuine job offer in Ireland.
Hold a temporary Stamp 1 immigration permission along with a “Reactivation Employment Permit” letter from the Department of Justice.
Applicants are normally expected to remain with their initial employer for 12 months. However, a change of employer may be permitted sooner if:
You are made redundant; or
Unforeseen circumstances fundamentally change your employment relationship.
Supporting documentation will be required to demonstrate that these exceptional circumstances apply.
How to Apply
The application process involves several steps:
- Apply for Immigration PermissionFirst, apply to Immigration Service Delivery (ISD) for temporary Stamp 1 permission to remain in the State for the purpose of applying for a Reactivation Employment Permit. If successful, you’ll receive a “Reactivation Employment Permit” letter from the Department of Justice.
- Submit Your REP ApplicationOnce you hold the temporary Stamp 1 and the relevant letter, you may apply for the permit via the Employment Permits Online System. Applications must be submitted at least 12 weeks before the proposed employment start date.
- ProcessingApplications are processed in date order, depending on whether the employer is a Trusted Partner or a Standard employer. You can check the progress of your application online.
- Respond to RequestsIf additional information is requested, you must respond within 28 days.
- Decision & ReviewIf your application is refused, you can request a review within 28 days using the designated review form. A more senior official will review your case.
Residency and INIS Registration
An employment permit is not the same as a residence permission. All non-EEA nationals granted an employment permit must register with the Immigration Service Delivery (ISD) of the Department of Justice as soon as possible. Failure to register could affect future applications for long-term residency or citizenship.
Redundancy or Changing Employers
If you hold a Reactivation Employment Permit and are made redundant, you have up to 6 months to secure alternative employment and apply for a new permit under the REP scheme. If you cannot find employment within that time, you must contact the immigration authorities to clarify your status.
If you choose to leave the State and later receive a new job offer, you may apply again for an employment permit, subject to the policy in force at that time.
After Five Years
Non-EEA nationals who have held valid Reactivation Employment Permits for 5 years or more consecutively—and who have worked lawfully during that time—may no longer require an employment permit and may apply to the Department of Justice for a temporary Stamp 4 permission to remain.
If you don’t qualify for Stamp 4 but have been continuously employed for 5 years or more with the same employer, you may apply for a Renewal Employment Permit of unlimited duration, free of charge. If you’ve changed employers during those 5 years, you may apply for a Renewal Employment Permit for up to 3 years, for which the standard fees apply.
Transfer of Undertakings
Where a business changes ownership under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, a REP holder may continue employment with the new employer.
In such cases:
The existing employer must submit the prescribed Transfer of Undertaking Form to the Department of Enterprise, Trade and Employment.
Employment conditions, job description, and location(s) must remain unchanged.
Failure to notify the Department may affect future permit renewals.
Permit Cancellation
If a REP holder stops working for any reason during the validity of the permit, the permit must be returned to the Department of Enterprise, Trade and Employment within 4 weeks. Failure to do so is an offence under the Employment Permits Act 2006.
Final Thoughts
The Reactivation Employment Permit is a vital and humane tool that helps individuals regain their legal status and continue contributing to Irish society and the economy. If you believe you may qualify—or if you’re an employer seeking guidance—consider seeking professional advice or visiting the official Employment Permits website for the most up-to-date information.
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