Employment and immigration law have each developed rapidly over the last decade. They are complex, frequently amended, and politically sensitive areas of law, and anybody working in or near HR and global mobility needs at least a working knowledge of both.

It can be helpful to think of employment law and immigration law as two siblings. They usually get along and often work well together. But occasionally, they get in each other's way and create awkward problems for employers.

When we look more closely at what makes them different, the potential for conflict becomes clearer.

• Employment law governs how the working relationship functions. It is concerned with employee rights, such as protection from unfair dismissal, statutory redundancy entitlements, and protection from discrimination. The Workplace Relations Commission generally hears disputes, with appeals going to the Labour Court. Where an employer breaches employment law, an employee may bring a complaint, and if successful, the employer will usually have to pay compensation or, in some cases, face an order for reinstatement or re-engagement.
• Immigration law exists in a different world, in which the State, acting principally through the Department of Justice, Home Affairs and Migration’s Immigration Service Delivery (“ISD”) and the Department of Enterprise, Trade and Employment ("DETE"), is central. Immigration law dictates, among other things, how a non-EEA national can join the workforce. The Employment Permits Act 2024 prohibits a foreign national from entering the service of an employer, or being in employment in the State without an employment permit or permission conferred by the ISD. It also prohibits an employer from employing a foreign national except in accordance with a permit or permission granted by the ISD. A failure to follow these rules can expose both the individual and the business to serious consequences, including criminal liability.

One key right under Irish employment law is protection from discrimination, including on grounds of race and nationality. However, immigration law is, by its nature, differentiating along nationality lines. Irish, UK, Swiss and EEA nationals can take up employment in Ireland without further permission, reflecting, among other things, the Common Travel Area arrangements between Ireland and the UK and the EU Free Movement Directive. Other nationals will, in most cases, need an employment permit before they can legally work in Ireland or permission conferred by the ISD. To hire a non-EEA national who does not already hold an immigration status enabling them to work, an employer will need to support the individual with obtaining an employment permit, bringing with it record-keeping obligations, ongoing compliance obligations and potentially incur costs.

Ireland’s robust multinational sector has generated an influx of international recruitment. This means that Irish employers are increasingly facing the unique complexities and costs involved in hiring and managing the immigration status of their non-EEA workforce. These non-EEA employees also enjoy all the same employment rights as other workers, including protection from discrimination and unfair dismissal, regardless of their immigration status.

In recent times, we have fielded more questions than ever before on issues that touch on both immigration and employment law in Ireland. A series of developments in Ireland’s employment permits system has largely driven this, including the move to the new Employment Permits Online system and rising minimum remuneration thresholds, as well as changes to immigration policy administered by the ISD including changes to concessions afforded to renewal applicants due to processing delays.

A look ahead

The most common problem areas where immigration and employment law meet in Ireland and which will be explored in the remainder of this series will include:

• Right to work checks, including whether they should be carried out for contractors and non-employees in Ireland.
• Excluding or limiting job applications from candidates who need an employment permit.
• Investigating and responding to a loss of the right to work during employment.
• Employment permit and right to work implications of a business transfer or restructure.
• Costs, including recovering employment permit costs from employees in Ireland.