How long can you travel/work outside of Ireland w/o revocation of permit?

Hello Everyone,

I am curious to hear your thoughts, particularly from all of y'all immigration experts.

I've been reading through this forum and browsing on Google to find information on how long can an individual on a valid employment permit/employment stamp (1,2,4, etc) be outside of the state during the pandemic.

Many of you may be wondering the same, as most companies have introduced some form of Work From Home arrangement that allows you to work from other countries where you currently hold valid work authorization.

This isn't 100%, but it appears that you are able to work outside of Ireland for a max. 6 months based on a temporary measure introduced by DBEI which states the following,

"3.1.2. Working from home outside the State
Frequent absences or an extended absence which constitute part of an employment
permitholder’s employment are not considered grounds for revocation of the permit,
an employment permit holder must however work at least 183 days in a full calendar
year in the State to be considered employed in the State (this is in line with the Revenue
Commissioner’s requirements for tax residence).
It should be noted that the employment permit regime does not apply to employees
who are not resident in the State."

Ref: https://enterprise.gov.ie/en/Publicatio ... ements.pdf

Would you say that this is accurate? For those that have contacted INIS already, let me know if this is correct.

I don't think INIS has given a definitive number. The 183 days' requirement is more for the taxation purpose.

The normal rule would be minimum 9 months of residence for Stamp 1/4, 6 months for Stamp 4EUFAM, and 1 or 0 day for IIP Stamp 4. However, in the current situation, I don't think they are actually enforcing the rule at all (as long as you can provide evidence that you are still working full time with your company). As INIS mentioned, a pragmatic approach will be applied.

Thanks for your reply!
The supposed nine month min. requirement to be resident in the state is a bit confusing, considering how it’s not documented anywhere.

I might email INIS sometime this week to add it to their FAQs on how long employment permit holders can be absent from the state during the pandemic, as it’s important information.

easylad wrote: ↑

Tue Dec 08, 2020 10:08 pm

I might email INIS sometime this week to add it to their FAQs on how long employment permit holders can be absent from the state during the pandemic, as it’s important information.

Why do you search for difficulties for yourself and the others in the fututre.You may be searching for problems and this is how laws and ties are created to put only obstacles in your way..and the others..the norm you should be here, but the covid is soething an abnormal situation.and I dont think this is a frequently asked question ..U think you can contact them ad discuss your own situation with them without dragging the others with you.

alhakeem wrote: ↑

Mon Dec 21, 2020 6:09 am

Why do you search for difficulties for yourself and the others in the fututre.You may be searching for problems and this is how laws and ties are created to put only obstacles in your way..and the others..the norm you should be here, but the covid is soething an abnormal situation.and I dont think this is a frequently asked question ..U think you can contact them ad discuss your own situation with them without dragging the others with you.

That's totally wrong. The only reason I have the information above is because I contacted INIS by email. Many people have done the same in the past. Official clarifications are always good and helpful for other people in the future, not causing troubles.

On the other hand, from a legal point of view, whether INIS replies to me or to the OP or to anyone, does not mean it's law. They are simply guidelines for INIS to decide whether they want to investigate you (unless there is a legislation somewhere that explicitly says something like 'Stamp 1 holder must live in the country for at least 274 days in a year'). An email from you or me will not change the legislation.

alhakeem wrote: ↑

Mon Dec 21, 2020 6:09 am

easylad wrote: ↑

Tue Dec 08, 2020 10:08 pm

I might email INIS sometime this week to add it to their FAQs on how long employment permit holders can be absent from the state during the pandemic, as it’s important information.

Why do you search for difficulties for yourself and the others in the fututre.You may be searching for problems and this is how laws and ties are created to put only obstacles in your way..and the others..the norm you should be here, but the covid is soething an abnormal situation.and I dont think this is a frequently asked question ..U think you can contact them ad discuss your own situation with them without dragging the others with you.

Woah... calm down.
The outcome here will be to add regulations that already exist onto a FaQ document for public visibility. This is to avoid outcomes for individuals working under a work permit to be denied entry into Ireland because they were not aware of any regulation w/ regards to max. amount of stay abroad to risk revocation of permission.

With these examples being on FaQ, it would actually empower immigrants with important information to make early arrangements to return before hitting any legal limit. Plus, this is already under the radar of Revenue Ireland, where people are abroad during the pandemic and no longer resident of the state. This means that the Department of Justice is aware as well.

This is why it's even more important for people to have this information. Hope this helps.