LIVING AND WORKING
IN IRELAND
Questions and answers
for non-nationals setting up a business in Ireland.
What is business
permission?
Business permission
is the written permission of the Minister for Justice, Equality and Law
Reform to allow a person to engage in business in Ireland. Anyone who obtains
such permission is allowed to live in Ireland. The permission must be renewed
when it expires.
Who needs
business permission?
Any non-EEA
national who wants to run a business (other than as an employee for whom
an employer would have to obtain a work permit).
Who can
apply for business permission?
Anyone can
apply, as long as they can show that the grant of business permission would:
• result in
the transfer to Ireland of assets and capital worth at least £300,000;
• create employment
for at least two EEA nationals for a new project (or would maintain existing
employment);
• add to the commercial
activity and competitiveness of the State;
• result in the
substitution of Irish goods for goods that would otherwise be imported;
• provide a viable
trading concern which would provide the applicant with enough money to
provide for himself and any dependants without resorting to social welfare
or employment for which a work permit would be required.
• Applicants must
have a valid passport or national identity document and be of good character.
What if I cannot
meet the £300,000 minimum capital investment?
You do not
have to meet the minimum investment if:
• you have
been legally resident in Ireland for at least five years as an employee
and have not been in breach of the Aliens Laws;
• the Minister is
satisfied that your application is justified within the terms of the EEA
resolution relating to limitations on the admission of third-country nationals
to Member States to pursue activities as self-employed persons. (The Minister
may consult experts in the relevant activities to help him reach a decision.)
• you are a writer
or artist, in which case you should contact the Department of Justice Equality
and Law Reform separately.
How do I apply?
You need to
submit:
• your valid
passport or national identity document;
• your registration
certificate if you already live in the State;
• a statement of
character from the police authorities of each country in which you have
lived for more than six months during the 10 years before your application;
• a business plan
which addresses points (a) to (e) above under eligibility.
• The business plan
should preferably be endorsed by a firm of accountants or financial institution
involved in venture capital.
How long does
it take to process an application?
You will be
given a decision within one month of the date on which the Department of
Justice, Equality and Law Reform acknowledges receipt of the required documents.
If I am refused,
can I appeal?
If your application
is refused, you will be informed of the reason in writing. You will be
entitled to appeal this decision by submitting any required information
or by altering your proposal to show that you can now meet the criteria
for which you were refused. Any appeal must be made within one month of
the date of the letter of refusal.
What if I am approved?
Once you receive
a letter of approval of business permission, you may enter Ireland to begin
your business activity. If you are already in the State, you may begin
your business after registering or renewing your existing registration
with the Garda Siochana. You will be given permission to live in Ireland
for the validity of your business permission, which will initially be one
year.
How do I renew
my business permission?
One month before
the expiry of the term of validity of your business permission, you must
apply to renew it. If you can show that that the criteria on which the
permission was originally granted have been met, your business permission
will be extended for a further five years. You might be required to submit
audited accounts or evidence of compliance with tax laws to support your
application.
Does business
permission guarantee residence for me and my family in Ireland?
Anyone actively
involved in the business and whose presence is necessary in Ireland for
the business will be allowed to live in Ireland for the term of validity
of the business permission. The person's spouse and dependent children
aged under eighteen will be allowed to live with the person to whom business
permission
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