Ireland: Atypical Working Scheme Travel and Cooling-Off Period Rules Updated
December 22, 2022
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At a Glance
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·The Irish government will relax rules for the “general” category of applicants under the Atypical Working Scheme (AWS) on January 1, 2023.
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A 90-day permission under the AWS will be permitted to be spread over a six-month period, allowing the employee to travel intermittently during this period. The waiting time to commence a new AWS permission after this six-month period will also be reduced from 12 months to one month.
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This will allow flexibility for companies and workers who may be required to perform periodic services in Ireland, but who are not required for a consecutive 90-day period. The reduction in the ‘cooling off’ period between assignments will also allow for greater flexibility in travel.
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Lastly, employers intending to make applications to assign workers to Ireland in 2023 using the AWS scheme will need to ensure that the minimum salary payable exceeds EUR 30,000 since the minimum salary requirements for the scheme will no longer align with the national minimum wage.
The situation
The Irish government has published updates to “general” category of applicants under the Atypical Working Scheme (AWS), which is for highly-skilled employees working for up to 90 days who are ineligible for an Employment Permit. These updates will be effective starting January 1, 2023.
A closer look
| Rule change | Impact |
| Intermittent travel rule change. The 90-day stay permission under the AWS will be permitted to be spread over a six-month period, which will allow the employee to travel intermittently during this period. Employees cannot spend more than 90 days in Ireland during this six-month period. Employers will likely be required to demonstrate a business need for intermittent travel. Currently, intermittent travel is permitted as an ad hoc exception to the general rules of the AWS. | This will allow flexibility for companies and workers who may be required to perform periodic services in Ireland, but who are not required for a consecutive 90-day period. |
| Waiting time rule change. The waiting time for foreign nationals to commence a new AWS permission after a six-month period will be reduced from 12 months to one month. | The reduction in the ‘cooling off’ period between assignments will also allow for greater travel flexibility. |
| Minimum salary update. Effective January 1, 2023, the minimum salary requirements for the AWS will no longer align with the national minimum wage, and instead will follow requirements for the General Employment Permit, which exceeds the national minimum wage (currently EUR 30,000 per year). | Employers intending to make applications to assign workers to Ireland in 2023 using the AWS scheme will need to ensure that the minimum salary payable exceeds EUR 30,000. This is a significant increase from the national minimum wage which will be EUR 11.30 per hour in 2023. |
- Applicability. These rules will apply only to the “general” category of applications for permission under the AWS scheme (including the entertainment industry, biotech, pharmaceutical, and technology sectors) but will not impact applicants under the categories of frontline medical personnel or other AWS categories. Applications received prior to January 1, 2023 will be assessed under the schemes current criteria.
Background
These changes come at a time when the Irish legislature is considering a Bill to streamline and modernize the related Employment Permit system. Although the AWS is not a part of this parallel system, these changes form part of the government’s overall aim to improve and enhance work permissions in Ireland. Though these changes are welcomed, their application in practice will determine their overall impact on employers and workers.
Looking ahead
More specific terms and conditions will be updated to the government website in early 2023.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
