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Reactivation permit (no longer qualify for GEP)

Forum to discuss all things Blarney | Ireland immigration

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Kensty
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Joined: Mon Mar 04, 2024 10:29 pm
Ireland

Reactivation permit (no longer qualify for GEP)

Post by Kensty » Mon Mar 04, 2024 10:40 pm

My non EU partner was on a general employment permit on 27k but recently got a refusal on renewal as under new thresholds - if they get terminated (not redundant) due to this could their former employer offer them the same position / salary etc for a new employment for reactivation permit or is it very unlikely to be unsuccessful as it wouldn’t look like bad treatment etc if going for same employer ? They are in this situation due to no fault of their own.

Would appreciate any advice in particular from anyone that may have been through this process before or since the new GEP rules came in

meself2
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Ireland

Re: Reactivation permit (no longer qualify for GEP)

Post by meself2 » Tue Mar 05, 2024 7:25 am

Not an expert on GEP, but to me that looks like a way to essentially circumvent the immigration system - if we can't qualify for GEP, we will terminate and re-hire them under REP. They were already paid below market, as GEP was 30000. Wouldn't expect that to fly.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Kensty
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Posts: 4
Joined: Mon Mar 04, 2024 10:29 pm
Ireland

Re: Reactivation permit (no longer qualify for GEP)

Post by Kensty » Tue Mar 05, 2024 8:19 am

The 27k was one of the previous exemptions from 30k threshold however this no longer applies to renewals under new rules (would need 34k now on renewal). Company is not willing to support with a salary increase due to cost/change to internal policies. Would they purely look at company side here (fire and rehire) rather than individuals side I.e they are left outside of the system due to no fault of their own. I thought reactivation permit was moreso focused on individual rather than employer if employee is doing application directly but maybe you are right that it wouldn’t be successful.

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Reactivation permit (no longer qualify for GEP)

Post by meself2 » Tue Mar 05, 2024 8:26 am

Kensty wrote:
Tue Mar 05, 2024 8:19 am
I thought reactivation permit was moreso focused on individual rather than employer if employee is doing application directly
I would expect so too, but a) a person was paid significantly less than the threshold by this company, b) had renewal rejected due to this and c) got put into this position by the company as well. I would not think it'd permitted.
Plus this person would have to stay in Ireland without work (and possibly permission to reside) for months while application is being considered.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Kensty
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Posts: 4
Joined: Mon Mar 04, 2024 10:29 pm
Ireland

Re: Reactivation permit (no longer qualify for GEP)

Post by Kensty » Tue Mar 05, 2024 9:13 am

Option here was to lose the job and then if can obtain the reactivation permit in a few months that at that point they would hire them again. The met the condition for the reduced salary on original application as they met one of the exception conditions - graduate/working in non EU language customer service. Appreciate your feedback here - looks like you don’t think it would be a runner in any case.

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