Working Holiday Visa change- help!

[mcousens]

hi there,

I'm an Australian and arrived in Ireland at the end of March to be with my Irish partner. We haven't lived together for 2 years to satisfy the defacto partner requirements, so I applied for a WHV to get me over to Ireland with the ability to work.

I have since realised how restrictive this visa is and am in desperate need of some help/advice. I recently went through 4 stages of interviews with a tech company and was told I had the job, but that they couldn't offer it to me due to the fragility of my visa status and that I should contact them as soon as anything changes. My partner and I will be applying for the partner visa at the end of the year/beginning of the year and will also most likely get engaged during this time as well, but without being able to go on that visa NOW I am left with limited permanent job opportunities.

I guess what I'd like to know is, is there anywhere I can go from here? Is it possible to change from a WHV to an employment permit (given I get a job offer)? Would I have to leave the country (which isn't really possible at the moment due to covid)?

It's such a stressful time and I would really appreciate any advice or knowledge! So hard finding correct information online!

[littlerr]

If you apply for residence based on de-facto relationship, the application can take 12 months to complete, and you will not be able to work within this period.

Regarding the possibility of changing from working holiday authorisation to employment permit, this is unfortunately a dead end. INIS has specifically mentioned this in their COVID-19 Q&A.

Q 34. I am the holder of a Working Holiday Authorisation; am I allowed to apply for an employment permit?

A. Holders of a Working Holiday Authorisation (WHA), as per the terms and conditions of their WHA, must leave the State on expiry of the WHA and cannot apply for an employment permit whilst in the State. The foreign national may consider submitting an application for an employment permit from outside the State, upon expiration or cancellation of their WHA and, on foot of an eligible job offer, which will be considered by the Department of Business Enterprise and Innovations (DBEI) subject to the usual criteria applying under the Employment Permits Acts and Regulations.

Therefore I honestly can’t see how you can remain here. Your best chance is to get married if you want to remain in the state.

[mcousens]

Thank you for replying so quickly! I had assumed as such but it makes much more sense the way you have phrased it.

So basically, the best/quickest way for me to be able to work longterm in Ireland (other than a speedy wedding) would be to leave the country, apply for an Irish job, gain a job offer and then apply for an Employment permit? And am I correct in thinking that takes about 12 weeks to process?

[littlerr]

Depending on whether the employer is on the trusted employer list, it might take one month more, but yes that’s the idea.

Since you already have the job offer, you may want to talk to the employer to see if they are willing to apply for an employment permit on your behalf, and only leave the country if they agree to apply for the permit for you.

[fuzzbizz]

For what it's worth, I took a similar path. You'll need to leave the country and have them apply for a general permit or critical skills permit. You will, of course, be at the mercy of the company (if they change their mind you're just stuck) so I hope you trust them!