Workers from non-EU/EEA countries may not need an Employment Permit to work in Ireland if they are an employee of a company based inside the EU/EEA or Switzerland and are being transferred to Ireland temporarily.
This status is called ‘Van der Elst‘ after a landmark 1994 European Court of Justice ruling. This ruling has effectively evolved into a new type of visa category, colloquially or officially called “Van der Elst visas” in certain EU/EEA countries.
A further Judgment arrived in 2006 (Case C-244/04) asking whether or not the non-EEA employee should have an employment history for a specific duration of time with their employer. The twelve months being imposed by some countries was considered disproportionate. However as the Court did not suggest what period of employment might be acceptable, a minimum period is not required before posting an employee to the State for the purpose of providing a service for a limited period.
Do I qualify for Van der Elst?
You may qualify under the Van der Elst if you are:
- an employee of a company based inside the EU/EEA or Switzerland;
- legally resident in the same country;
- on your employer’s payroll in the same country; and
- being sent to work in Ireland for up to 12 months by your employer.
If you qualify for Van der Elst, you do not need a permit to work in Ireland. However, you must follow all other immigration procedures, which may include needing a visa, border control, and registration with the Garda National Immigration Bureau (GNIB).
This type of work transfer cannot be renewed.
Who is ineligible for Van der Elst?
You will not qualify for Van der Elst if you are one of the following
- Self employed individual.
- Holder of an Intra Company Transfer.
- Company Director if the actual status in the company is above and beyond that of the role assumed generally by employees and instead is deemed to be that of an “office holder” (with responsibility for making key decisions and exercising judgement in relation to legal and financial affairs).
To learn more about Van der Elst as it pertains to Ireland, please visit this page.