If you are coming into Ireland for work as a non-EEA national for a short period of time, you’ll need to qualify for a Van der Elst Visa, a Short-Term Employment permit. Find out all you need to know about this visa route for Ireland. Read more..
If you are a non-EEA national working in an EU country and wish to work for your employer in another EU country, a Van der Elst visa may enable you to obtain an employment permit to do this. On this page, we will explain the purpose of the Van der Elst visa, the eligibility requirements, and how to apply for this visa for Ireland.
A Van der Elst visa enables a non-EU national who is legally employed by a company in an EU country an employment permit to provide services on a temporary basis to a business located in another EU nation on behalf of their employer's company. Holding a Van der Elst visa has the advantage that there is no need to apply for and obtain a work permit in Ireland.
The Van der Elst concept originated from a ruling in 1994 by the European Court of Justice on the legal right of an EU company to provide services within the EU. The process applies across the EU/EEA.
It is important to note that the visa is only granted for a strictly temporary period. According to the Irish Ministry of Justice, ‘temporary’ in this sense means “an employee should be required in the host EU country on a short term basis only.
The contract should be specific as to duration and should not be for such a length of time i.e. a minimum period, that the individual loses rights of residency in the sending EU country or becomes an integral part of the workforce of the host EU country”.
A non-EU/EEA or Swiss national working in an EU country will be eligible for the visa employment permit if they are:
· lawfully resident in the EU country in which the employer is established;
· lawfully employed by the employer in the sending EU country;
· on the payroll of the employer in the sending EU country;
· coming to Ireland to provide services on behalf of their employer, `
· coming to Ireland on a temporary/short-term contract, up to a maximum of 12 consecutive months.
In addition, they must not be self-employed or hold an intra-company transfer visa in the State in which they are working.
Under Val der Elst, the following conditions apply:
· The visa will only be granted for the duration of temporary/short-term contracts up to a maximum of 12 consecutive months.
· The duration of permission to remain in the EU State to provide the service must not be longer than the expiry date of the person’s residence in the sending country or the expiry date of the employee’s Passport.
· The visa holder cannot do any other work while in the EU country they have been sent to
· Upon conclusion of the temporary/short-term contract, the employee must return to the sending EU country.
· The employee is not entitled to permanently reside in the State.
· Family members may not accompany or join the employee (except as visitors or having applied for and been granted immigration permission in their own right).
You will need several documents to apply for this visa in Ireland, including:
· As part of your personal details - your current valid Passport photo (which should be valid for at least six months following the stated departure date).
· A letter from your employer in the sending EU country explaining:
o that you are legally resident and employed in the EU country where the employer is based, and you will be returning there on completion of the contract;
o the details of the contract (duration should be specified);
o the name and contact details of the Irish-based host company.
· A letter from the Irish-based host company giving details of the contract (duration should be specified) and reasons why the employee is required.
· Your residence/ID card issued by the sending EU country.
· Details of your accommodation arrangements in the State.
· Evidence of comprehensive medical insurance.
In addition, all persons remaining in the State for more than 90 days must register with the Garda National Immigration Bureau and pay the associated registration fee.
The application process for a Van der Elst visa is completed online. Once you click on the online application link, you will be taken through the application process. The summary application form that is created by the online system will explain where you should submit your supporting documentation (as listed above).
This summary form should be printed, signed, and dated, and submitted with the documents required.
As part of this process, you may be asked to provide your Biometrics. You will also need to pay an application fee of €60 for a single entry or €100 for multiple entries.
Unfortunately, the visa fee will not be refunded if the application is refused or withdrawn.
The Irish immigration services process applications in the order they are received. They recommend not purchasing travel tickets to Ireland until you have heard the outcome of the application.
Applicants for this visa can typically receive a decision within a minimum period of eight weeks of the date of application.
This may take longer if all of the information requested is not provided or if there are other complicating factors such as a criminal record.
It's a big career step to gain a short-term employment permit as a Non-EEA nationals in an EU country especially Ireland. Ireland is a welcoming country and a place you will love, that's why you immigrate right. Acquire legal advice and immigration service of an Immigration lawyer. We hope this is super helpful and wish you luck.
"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...Read More
"I found Joe very helpful and tremendous patience which is a must in this profes...Read More
"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...Read More
"Professional service. I was very impressed with the fact that my ILR applicatio...Read More