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However, those previously on working visa/authorization who have now been granted Long Term Residency http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency can set up their own business but not before they are granted LTR.EXEMPTIONS
A number of categories of non-EEA nationals are exempt from the requirement to obtain Business Permission. The categories are as follows:-
persons who have been granted refugee status by the Minister for Justice and Law Reform.
dependant relatives of EEA nationals exercising a valid right to reside in Ireland.
persons who have been granted permission to remain in the State on one of the following grounds:-
persons with permission to remain as the spouse of an Irish national.
persons with permission to remain in Ireland on the basis that they are the parent of an Irish born child ( an Irish citizen).
persons who have been granted temporary leave to remain in the State on humanitarian grounds, having been in the asylum process.
Source: http://www.inis.gov.ie/en/INIS/Pages/WP09000012
Thanks Heinlein,Heinlein wrote:I was in a similar position, wrote an email to INIS and got a positive response, i.e. that I do have the right to register a new business in Ireland.....
1. Where does this caveat come from?Heinlein wrote:....One caveat here, however: one of the directors of your company has to be a EEA resident...
I'm not sure. Note that you need at least one partner/co-founder for your company in any case: you can't register a company alone. Then everything will depend on your partner's status.walkindublin wrote:2. If just 'a EEA resident' will do, then WV holders should be automatically qualified for this condition, as WV holders who working here, are residents of Ireland.
Maybe I am not reading you correctly, but your last post appears to be a departure from your original post. In any case, it would still have been of help if such vital info as you posited would be made available on INIS, Dept of Trade and Enterprise or even the CRO's website. Now so more than ever that the country is crying out for entrepreneurship.Heinlein wrote:I'm not sure. Note that you need at least one partner/co-founder for your company in any case: you can't register a company alone. Then everything will depend on your partner's status.walkindublin wrote:2. If just 'a EEA resident' will do, then WV holders should be automatically qualified for this condition, as WV holders who working here, are residents of Ireland.
In case your partner(s) are not EEA residents (EEA citizens or Irish Stamp 5 holders), then your best bet would be to inquire CRO about your situation.
If one of your partners is a resident (citizen/Stamp5), then your problem is solved, I think.
No problem at all Heinlein. Knowing INIS and their penchant for making up the rules as they go along, it didn't come as a surprise you got that response. As someone who had gone through the works myself I would like to see that policy made official, rather than something one would have to write in secrecy to receive a response to . I am sure you can understand how much relief it would be for a lot of people on the WV/WA scheme to be able to get an independent business going for themselves. As I said before, the time couldn't be more apt. The state is desperately in need of entrepreneurs.Heinlein wrote:9jeirean, the original question was: does a WV holder need a business permission to setup a business? The answer is NO, to the best of my knowledge and based on the email I received from INIS.
Then, from the practical point of view, if you want to set up a business in Ireland being on WV/Stamp4, you have to first exclude Sole Trader because you have to be employed full-time. So Sole Trader is definitely not for you.
Further, among the remaining options is a Limited Company, which requires partnership with someone else, and there is a rule of at least one EEA director when forming a company. I should have mentioned that in the beginning, sorry about that.
Fair point Heinlein, while I agree that the joint/shared venture option is a bridge for those who are so inclined, but maybe not every one would be open to such huge level of compromise particularly if you are looking at building a business from the scratch. You will agree with me that most people in business would need that bit of freedom (financial and strategic) to be able to make that initial imprints that every business needs especially at the infancy stage.Heinlein wrote:9jeirean, I agree, skilled immigrants is a big entrepreneurial force in Ireland, potentially at least. However, I don't see any conspiracy going around the right of WV holders to start their own businesses.
Let's see what we know and think logically: (1) anyone can be a shareholder of an Irish company, (2) one of the co-founders of an Irish Limited company should be a EEA resident and (3) a WV holder has to be employed on a full-time basis. BP's are a different matter (and are confusing unless you think about it a bit).
So what stops you from incorporating a Limited company in Ireland together with an Irish or a EEA partner? Any kind of split goes: could be 50/50 or 99/1.
Again, this is not a legal advice as I'm absolutely not competent in this area. Just trying to encourage.
Good Point 9jeirean;9jeirean wrote:Fair point Heinlein, while I agree that the joint/shared venture option is a bridge for those who are so inclined, but maybe not every one would be open to such huge level of compromise particularly if you are looking at building a business from the scratch. You will agree with me that most people in business would need that bit of freedom (financial and strategic) to be able to make that initial imprints that every business needs especially at the infancy stage.Heinlein wrote:9jeirean, I agree, skilled immigrants is a big entrepreneurial force in Ireland, potentially at least. However, I don't see any conspiracy going around the right of WV holders to start their own businesses.
Let's see what we know and think logically: (1) anyone can be a shareholder of an Irish company, (2) one of the co-founders of an Irish Limited company should be a EEA resident and (3) a WV holder has to be employed on a full-time basis. BP's are a different matter (and are confusing unless you think about it a bit).
So what stops you from incorporating a Limited company in Ireland together with an Irish or a EEA partner? Any kind of split goes: could be 50/50 or 99/1.
Again, this is not a legal advice as I'm absolutely not competent in this area. Just trying to encourage.
Another important thing to consider is: what happens say in the event that the joint EEA partner decides to pull out of the business?
IMHO, the fair way to do this would be to expressly allow anyone on this scheme at the moment to migrate to another residency level that permits them to independently set up their own bussiness as it is the case for all other forms of stamp 4 (WV/WA are the only category of stamp 4 holders that are not allowed to independently set up their own bussiness). This pathway is part of the proposed immigration bill for those on the Green card scheme anyway. it is a shame the bill has been languishing in the Dáil for all of eternity. Seeing it's potentials for job creation and entrepreneurship, that the country so desperately needs now, I don't see any reason why the minister for Justice couldn't introduce it as an administrative scheme in the main time.
Cheers.