General Work Permit Refusal

supertrains

Hello guys. Im not sure if this is the right subforum to post this but here goes.

My wife and myself are Non-EEA and she was offered a job as a senior house officer (doctor) in one of the hospital in Dublin. It was refused due to the fact that she are here with a visit visa thus not allowing her to enter work.

Honestly we admit its out fault because we didnt know its not allowed to be in the state while the permit is under process unless we are allowed to.

My question is this,if she gets another job offer with another employer.Can the employer do the general work permit application again? This time we make sure we are not in the State or is there a way around this.

Thank you so much for helping

Jim2007

The problem is that you have shown yourselves to be people who do not respect the immigration laws of this country or the EU. So how can you be trusted to comply with our laws going forward??? Thats how it will be looked at and not just here but throughout the EU/EEA.

Generally speaking a refusal due to failure to comply with the process is going to be difficult to get around, even with a new employer.

bobbysands81

supertrains wrote: »

Hello guys. Im not sure if this is the right subforum to post this but here goes.

My wife and myself are Non-EEA and she was offered a job as a senior house officer (doctor) in one of the hospital in Dublin. It was refused due to the fact that she are here with a visit visa thus not allowing her to enter work.

Honestly we admit its out fault because we didnt know its not allowed to be in the state while the permit is under process unless we are allowed to.

My question is this,if she gets another job offer with another employer.Can the employer do the general work permit application again? This time we make sure we are not in the State or is there a way around this.

Thank you so much for helping

The answer is Yes. You can apply immediately again. There is nothing barring you from submitting another employment permit application even immediately after being turned down for one.

Have you looked at applying for a Critical Skills Emplyment Permit and not the general one?

Jim2007

bobbysands81 wrote: »

The answer is Yes. You can apply immediately again. There is nothing barring you from submitting another employment permit application even immediately after being turned down for one.

Under normal refusal conditions I would agree with you, but this one is for a failure to comply with the immigration rules which puts it in a different category.

ELM327

Yeah.... once you have shown you've broken the rules I'd be pushing for deportation, not just "reapplication"
If you can't respect the rules now why should you be given additional rights?

bobbysands81

Jim2007 wrote: »

Under normal refusal conditions I would agree with you, but this one is for a failure to comply with the immigration rules which puts it in a different category.

You’re right.

I took his question as was he able to apply again immediately, which he is. His immigration status would need to be different or it would be an automatic fail again. You can’t get work in Ireland under a holiday visa.

supertrains

We couldnt go in with a Highly Skilled Interview Visa because they will not issue a interview offer without the IMC registration being completed in full. The reason why she entered with a Visit Visa because she was going to the Medical Council to finish up her registration by providing a few documents first.

This was the reason ( and ultimately an authentic reason ) that she entered here.
What happened next is afterwards she applied for a a few job posts and by luck was promptly offered after the interview. Spoke to the HR if we require to do something first and they said to fill up the General Employment permit form so it was filled in with accurate information. ( In the State (YES) With what visa/permission (VISIT)

Thus this happened. After consulting with the Citizen Information and DBEI. We concluded the right way is to exit Ireland and wait for the permit to be issued before re-entering.

supertrains

bobbysands81 wrote: »

The answer is Yes. You can apply immediately again. There is nothing barring you from submitting another employment permit application even immediately after being turned down for one.

Have you looked at applying for a Critical Skills Emplyment Permit and not the general one?

Thank you for the information. The Hospital however was posting for a urgent post and they have since withdrawed the offer.

Most of the SHO/Registrars will not be in the Critical Skills Employment Permit because of the contract duration. The permit requires the contract to be on 2 years duration..whereas most are 6/12 months.

Diziet

Jim2007 wrote: »

The problem is that you have shown yourselves to be people who do not respect the immigration laws of this country or the EU.  So how can you be trusted to comply with our laws going forward???  Thats how it will be looked at and not just here but throughout the EU/EEA.

Generally speaking a refusal due to failure to comply with the process is going to be difficult to get around, even with a new employer.

Wow, that's quite a hostile response to a polite and reasonable request. I am sure that this is not an unusual scenario, and accusing the OP and his wife of not being trustworthy to comply with laws going forward is quite a logical leap.

supertrains

Diziet wrote: »

Wow, that's quite a hostile response to a polite and reasonable request. I am sure that this is not an unusual scenario, and accusing the OP and his wife of not being trustworthy to comply with laws going forward is quite a logical leap.

Thank you very much for the constructive reply. My wife and I are students here before and we graduated from UCD on a government scholarship. We respect and want to observe and follow every law to the word.

SJ.

When your wife has the opportunity to apply again, set out your case and reasons for entering the state very clearly in a letter and supporting documentation and submit that with your application. I would even consider writing to the person whose signature is on the refusal letter now, clarifying your reasons for being in the State. You could be clear that the job offer has been withdrawn, but that you want to ensure that your situation does not prejudice any future application.

I wish you well and hope you get to stay - despite the rush to judgement from some here, we'll be glad to have you.

supertrains

SJ. wrote: »

When your wife has the opportunity to apply again, set out your case and reasons for entering the state very clearly in a letter and supporting documentation and submit that with your application. I would even consider writing to the person whose signature is on the refusal letter now, clarifying your reasons for being in the State. You could be clear that the job offer has been withdrawn, but that you want to ensure that your situation does not prejudice any future application.

I wish you well and hope you get to stay - despite the rush to judgement from some here, we'll be glad to have you.

Thank you for replying to me. She has since written an explaination which was recieved by the DBEI via email. They have confirmed that there will be no issues on applying the Work Permit as long as the conditions is met.

I have also spoke with the CrossCare and Migrants Rights Center Ireland. They were very helpful in explaining the scenario and said that it was an unfortunate misunderstanding that left us in a "grey" area on the situation.

Since we do have time until the Visit stamp expires.The correct way is to leave and then attach a proof of sorts (return flight to home country or exit flight to another country) to show that we are not in the State when the Permit is processed.

supertrains

Hello everyone. Just to update if anyone is following. Everything went well with the next permit. Just have to make sure the entry stamps are correct ( not on Visit ) and all is good.

Thanks for the help everyone..cheers

JJKAYLE

Halo I am a registered nurse in Ireland .After working 6 months I got terminated.So My employer moved me to another nursing home.Then they applied work permit from their.It got rejected,the reason that its not one year I completed.Again my employer moved me to another nursing home of their own,and applied the permit,but also got rejected ,the reason was that I worked during the time of work permit application.The before the expiration my garda card I went back to my home country now.I have a job offer now from a nursing home .I am just wondering what should I do now.I am in grey situation now. Its the emplyer moved me to three different nursing homes. and finally I had to go back.I am still registered nurse in Ireland .I want to come back.Can YOU help me.

JJKAYLE

Halo I am a registered nurse in Ireland .After working 6 months I got terminated.So My employer moved me to another nursing home.Then they applied work permit from their.It got rejected,the reason that its not one year I completed.Again my employer moved me to another nursing home of their own,and applied the permit,but also got rejected ,the reason was that I worked during the time of work permit application.The before the expiration my garda card I went back to my home country now.I have a job offer now from a nursing home .I am just wondering what should I do now.I am in grey situation now. Its the emplyer moved me to three different nursing homes. and finally I had to go back.I am still registered nurse in Ireland .I want to come back.Can YOU help me.