caught working without work permit

[xxxtieee]

Hi,

Someone I know was caught working in a Chinese food delivery shop without a valid work permit. He is resident in the country based on a spousal Dependant visa. His wife is the main work permit holder.

He was not arrested but was asked to present himself and his wife (main work permit holder he is dependent on) at the Garda Immigration office tomorrow.

Have you come across such an issue before. What do you think are his options?

[ammukutty]

Hi,

One of my friend faced the same situation.He was also asked to present himself in the garda station.As it was a first offence ,they warned him.But the employer faced some trouble.The company was forced to apply for work permit/After recieving the work permit again he started working for the same employer.I think basically the whole matter depend on the Immigration officer.Now, the question will be how was he recieving the payment ,was it through the proper channel(paying tax ) or cash in hand. If cash, then i think it is a serious offence.

[ammukutty]

How long he was working with them.Was he doing the delivery or in the Spam.Someone screwed or routine checking.In my friends case someone phone the immigration officer. If you have a pay slip and paid tax,then they may pardon.Please dont forget to post the immigration officer's decision.Hopefully things will be alright.Best of luck

[Ben]

Not my area of expertise, but I thought that the spouse of a work permit holder (who is lawfully resident in Ireland on Stamp 3 conditions) is entitled to apply for a FOC work permit?

EDIT: Ah, hang on, seems that changed on 1st June 2009.

[xxxtieee]

Thanks for the details. Yes, the person was working in food delivery side. Not sure if the payment was through proper channels.

The person was warned and let off.

I hear of frequent checks happening around Ireland and quite a few people have been caught.

[xxxtieee]

I heard the following is the potential result of caught working illegally:

The employer: Hefty fine, or imprisonment or both

The illegal employee: He is in contravention of his visa condition. He could be deported at worst with a bad remark on passport. This might affect the spouse's work permit as well.

As I have heard, the immigration officers have been lenient on first time offences but how long this leniency would stand is to be seen.