Question
My boyfriend and I met during our Master’s programme in Chicago. We have been dating for just over two years now. I moved back to Ireland in July 2017 to work as a teacher as my student visa was going to expire. My boyfriend would now like to come here to work and live with me. He graduated with a Master’s in Education in July 2017. He is a teacher at the moment, but does not have to work as one here when he comes. Is there a work permit that he can apply for? What are his work options as a teacher?
Answer: Ellen Doyle, information and advocacy officer with Crosscare Migrant Project
It sounds like your partner has a number of options . The most beneficial immigration permission would be “De Facto Partnership”. This allows a person to work work in any job here and he or she can set up a business. The downside is that he has to apply for it from Ireland and there is a waiting period of about six months during which time you cannot work work is not possible. However, there are other routes your partner could take to get into Ireland and be able to work immediately. He could then also apply for De Facto Permission. De Facto Permission will also count towards “reckonable residency” - time spent in Ireland that can be counted towards citizenship.
If he takes the first route he should apply for a work permit for a specific job from the US. If granted, this would allow him to enter Ireland and immediately to work in that job. The second route is to enter on the Working Holiday Authorisation (assuming that your partner is under 30 years). This would allow him to work on arrival. Either option would help him to get set up in Ireland, and both routes allow the person to apply for De Facto Permission at the same time. Working Holiday Authorisation is the easiest route to take as it does not require any job to be arranged in advance. We would suggest if your partner is eligible that he applies for this. We’ve listed how to apply and other information for each of the three permissions below.
With regards to working as a teacher, our best advice is to contact the Teaching Council of Ireland teachingcouncil.ie to find out whether his qualifications are recognised and for other useful information. See this link: http://www.citizensinformation.ie/en/education/primary_and_post_primary_education/teachers_and_schools/teacher_qualifications_at_primary_and_post_primary_level.html
Working Holiday Authorisation
This is the easiest route and the Irish Embassy in the US will have all the information.You must be 30 or under at time of application. https://www.dfa.ie/irish-embassy/usa/our-services/visas/working-holiday-authorisation/.
De Facto Partnership
If you can show documentary evidence that you and your partner spent two full years living together in Chicago, then your partner could apply for Stamp 4 residence permission as the Defacto Partner of an Irish Citizen. Proof could include utility bills in both of your names dating back two years, with lease agreements, signed letters from landlords, joint bank statements, among other things. The more proof you can provide of cohabitation, the stronger your partner's application will be. It's important to note that if the evidence doesn't cover two full years then your partner's application will not be accepted.
He should travel to Ireland and fill out the application form here http://www.inis.gov.ie/en/INIS/defacto-app-form.pdf/Files/defacto-app-form.pdf. For an official explanatory leaflet: http://www.inis.gov.ie/en/INIS/defacto-app-explained.pdf/Files/defacto-app-explained.pdf The Crosscare Migrant Project's guide: https://www.migrantproject.ie/wp-content/uploads/2018/03/Residence-information-for-de-facto-partners-of-Irish-citizens-Crosscare-Migrant-Project-March-2018.pdf. Send the form and the supporting documents by registered post to the Defacto Relationship Unit of INIS (the full address is on the application form). Processing times for this type of application are generally six months. During this time your partner will have no right to work or claim any social welfare payments for financial support. However, he will also not be at risk of deportation.
If his application is successful, INIS will notify him in writing. Once you receive this letter, he will then need to register with your local immigration officer. If you are living outside of Dublin, you can ask in your nearest Garda station where the local immigration officer is based, and make an appointment over the phone by ringing that station. If you are living in Dublin, you will need to make an appointment online. The letter will advise what documents your partner should bring to the registration appointment. He should also bring the letter itself. You should accompany him to his appointment. If the immigration officer is satisfied, they will put a Stamp 4 in your partner’s passport and he will receive his Irish Residence Permit in the post within a week or two. Once he has the Stamp 4 he is allowed to work in Ireland, for any employer. This would allow him to work as a teacher or in another profession.
Employment Permit
Your partner may be able to apply for an employment permit to come to Ireland and work as a teacher, or in another profession. Teachers aren't explicitly excluded from eligibility for General Employment Permits (apart from teaching assistants), but there are other criteria attached to the General Employment Permit. These include that the annual salary must be at least € 30,000 a year. The the full list of criteria is on the Department of Business, Enterprise and Innovation website with a full list of the ineligible jobs for the permit:https://dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Permit-Types/General-Employment-Permit/
Your partner would need to secure a job offer for a permit-eligible job in Ireland before travelling. Then either your partner or his employer would need to apply for the permit online. The fee will vary between € 500 and € 1,000. An employer can cover the cost but isn't obliged to do so. How to apply: https://epos.djei.ie/EPOSOnlinePortal/UserGuide.pdfIf a permit was issued, the registration process is similar to the defacto partnership path. Your partner should have his permit on hand to show the immigration officer at the airport. He will then need to register with your local immigration officer. He should bring the following with him to his registration appointment: his passport, proof of address in Ireland and the original work permit. If he is registering in Dublin, he should also bring the email confirmation of his appointment with him. If the immigration officer is satisfied, your partner will receive a Stamp 1 in his passport and he get his Irish Residence Permit in the post within a week or two. Once he has the Stamp 1 he is allowed to work in Ireland, for the employer listed on his permit only.
If your partner is searching for jobs from abroad and isn’t sure whether a job would be eligible for a General Employment Permit, he could contact the Department of Business, Enterprise and Innovation directly on +353 1 631 2121.
