My work permit is rejected in Ireland, please help me.

[a-qayum]

The reason contains in the email for refusal is:

1. It appears from the information submitted that at the time of application the employer/the connected/the contractor or the relevant person, whichever the case may be, has no employees. The Employment Permits system is designed to facilitate employers/connected persons/contractors or relevant persons to obtain the skills they require to grow their existing business and it is expected that, other than the exceptions provided for in sections 10(2A) and 10(2B) of the Employment Permits Act 2006 (as amended), that the employer, the connected person and either the contractor or the relevant person are already active employers in their own right and have current employees. In line with section 10 of the Employment Permits Act 2006 (as amended) an employment permit cannot be issued.

2. It appears that the company does not have a current website.

Please help me in how to appeal this refusal. What evidences do I need?

[GoWentGone123]

You can not provide any evidence to address this issue, in my opinion. Your employer appears dodgy and has tried to trick department, unfortunately. Sorry not being rude.

[GoWentGone123]

It's employer's job to act as an employer and not as a friend trying to import a friend over from elsewhere in the world.

[littlerr]

The refusal reasons are quite self-evident. You can’t work for someone who just says they have a company with no employees, and the company must be visible online.

[meself2]

I agree with what's mentioned.

Your employer appears to have created a business for the sole reason of moving people here.
It seems extremely unreasonable for a company to get their first employee from a 3rd country and go through all the troubles with working permit when there's nothing going on.
There's also a rule that amount of nonEEA nationals can't be over 50 percent, if I recall correctly.

Your employer would have to address this. You have to find a better opportunity, unfortunately.

[a-qayum]

Thank you all for your response.

@GoWentGone123: Although I am a nonEEA but I am already in the state (Ireland). He has a new company but I am working for him as a part-time. Now he has more work, so he want me to hire as a full time employee.

@littlerr: He is working for some big company + a freelancer. Thats why he want me to work remotely as a full time.

@meself2: I am applying as a technical skill worker. I will be the first official employee of the company. Employer can hire either a nonEEA or EEA as his first employee, as I remembered. Finally, I am already in Ireland. He is not calling anybody from some other country.

I just want to appeal; If anyone can suggest me what evidences I can provide with appeal, it would be greatly appreciated.

Thanks!

[meself2]

Employer can hire either a nonEEA or EEA as his first employee, as I remembered.

https://www.citizensinformation.ie/en/m ... d-permits/

You cannot get a permit to work for a company where more than 50% of the employees are non-EEA nationals.

Not sure about the specific meanings for the rule, but wouldn't hiring a nonEEA employee make it 100 percent nonEEA? Might be wrong on this one, but something to consider anyway.

Finally, I am already in Ireland. He is not calling anybody from some other country.

From the deciding officer's point of view, he's still going through the process of getting an employment permit for a nonEU national, while EU national could just come and... work. You would have to show why is your situation justifiable.

If anyone can suggest me what evidences I can provide with appeal, it would be greatly appreciated.

The problem is the grounds for appeal in your case - what can you prove to counter the points listed? If this person has made the company just for you, it would be expected for questions to arise.

[littlerr]

The short answer is - no you cannot work for him as things stand.

I could have registered myself as a freelancer, work for a company, and then hire my girlfriend as my employee and give her some of my money. Will she qualify for an employment permit? Of course not.

As meself2 mentioned above, the 50:50 rule applies. You cannot have more than 50% of non-EU employees at the time of your application. The employment permits are issued to genuine businesses and very seldom issued to freelancers who work for only 1 employer (which is simply tax avoidance - legal in Ireland for now but illegal in many other countries).

The only exception to the 50:50 rule will be for genuine startup entrepreneurs, who will need to obtain a letter from IDA to prove they are genuinely starting up a new business with the potential of expanding later. Such businesses must have a registration date within the last 2 years and they must show proof that they are trying to recruit EU nationals as well after the first 2 years and must meet the 50:50 rule.