Unlocking Opportunities: Spousal and Partner Work Rights in Ireland

After years of debate, the Irish Government appears to be on the verge of granting the spouses and partners of Intra-Company Transfer employment permits an automatic right to work in Ireland. This would be a hugely welcome change for multinational corporations firmly established in the country, which in many instances struggle to attract top executives and key personnel on assignment to Ireland in the absence of any solid work rights for their spouses.

This permit is specifically designed to facilitate the transfer of senior management and key personnel to Ireland for a limited period (up to five years in total), typically due to their vast experience and knowledge of the business and sector. They can support the training and upskilling of new departments and innovative projects and technologies, in areas ranging from research and development, financial services and technology, to name a few.

Further, many multinationals may need skills on a fixed term or rotational basis to Ireland, as often seen in the semiconductor industry and pharmaceutical manufacturing businesses that continue to blossom in the country. 

It is in Ireland’s best economic interest to make the island an attractive destination for them to share this wealth of experience with the Irish workforce. However, if bringing their partner or spouse with them will limit the opportunities of their other halves, it can be a very difficult ‘sell’ for employers to encourage any such transfer to happen at all.

Recent statistics show that there are nearly 1,000 US-headquartered companies in Ireland. These, in turn, are responsible for the employment of about 378,000 people directly and indirectly - an incredible asset to a growing Irish economy with exceptionally high employment rates. With a population just over five million people, it raises questions about the rationale behind the restrictive policies affecting senior management and key personnel in companies based outside Ireland regarding the rights of their family members if they are required to relocate temporarily.

Looking ahead

As things stand, only the partners and spouses of Critical Skills Employment Permit holders are given an automatic right to work in Ireland (the Stamp 1G spousal permission). This allows them to work for any employer in the country. The only real limitation is that they cannot be self-employed. This policy was introduced to make Ireland more attractive to those in identified areas of recognised skills shortages in Ireland.

Why aren’t key personnel and senior management, employed abroad but needed here for limited periods, granted the same rights as other individuals in similar circumstances?

With this in mind, the policy on family reunification for all permit holders requires review, and Fragomen is monitoring any progress in this regard.

Specifically, spouses of General Employment Permit holders enjoy even fewer rights, with family members, including dependant children, having to wait 12 months before joining the principal worker in Ireland. Even upon arrival, they do not automatically gain the right to work.

From a benchmarking and international competitiveness perspective, the current policy is problematic.  As noted by the Permits Foundation, more than 30 countries worldwide have adopted the practice of allowing direct work access for spouses or partners of international employees. In most of these countries, intra-company transferees are included in the category of highly-skilled mobile employees where spouses and partners are granted work authorisation upon recognition of their dependant status.

While broader policies on family members’ rights are being considered, we anticipate a positive outcome from the Department of Justice’s review of the rights of partners of Intra-Company Transfer Permit holders soon.

Need to know more?

For further information on Ireland’s immigration system or updates on the Department of Justice’s review, please contact Senior Immigration Manager Deidre Murray at [email protected].

This blog was published on 3 May 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.