Changes to Spousal/Partner Immigration Permissions

9 May 2024

Background

As of 15 May 2024, spouses or partners of holders of Intra-Company Transfer Employment Permits and General Employment Permits can work in Ireland. Such individuals now have access to the labour market without the need to hold a separate employment permit. For new applicants of this type, they will now receive an Irish Residence Permit (IRP) Stamp 1G rather than a Stamp 3.

Labour market access was already available to spouses or partners of Critical Skills Employment Permit and Hosting Agreement holders, and this has now been extended to other categories of employment permits.

Why this matters

The spouse or partner of an Intra-Company Transfer Employment Permit or a General Employments Permit had previously been able to avail of family reunification to reside in Ireland; however, they had no automatic entitlement to work unless they were sponsored by an employer and obtained an employment permit. Now these restrictions have been eased.

Highlights of further details

Spouses or partners of holders of Intra-Company Transfer Employment Permits or General Employment Permits were previously issued with an IRP Stamp 3, which permits only residence in Ireland.
Spouses or partners already in Ireland with an IRP Stamp 3 do not need to take any action as a result of this update.
As an exceptional measure, from 15 May 2024, their permissions have been amended to the same conditions as an IRP Stamp 1G (permission to work as a spouse or partner without the requirement to hold an employment permit). Such individuals are not required to update their IRP until it is next up for renewal, and can provide the notice of this status change to prospective employers as provided on the Immigration Service Delivery website.
There is a transition period up to 15 May 2025 by which time it is expected any legacy IRP Stamp 3 cards will have expired and been renewed as an IRP Stamp 1G permission.
This update does not apply to other family members or spouses or partners in Ireland on other types of immigration permission (for example, tourism or education), or individuals who do not have a permission to be in Ireland, or spouses and partners whose IRP Stamp 3 was granted for other reasons.
The IRP Stamp 1G will be valid for 1 year and is renewable annually.

KPMG insights

An IRP Stamp 1G is granted based on a relationship with a principal employment permit holder and is therefore not an independent immigration permission. The validity and renewal of an IRP Stamp 1G will remain contingent on the relationship between the parties, continued joint residency in Ireland, and the immigration status of the principal employment permit holder.

Individuals should be aware that the application processes for family reunification remains unchanged by this update. By way of example, General Employment Permit holders are usually required to have worked in Ireland for 12 months before they may seek to enjoy family reunification with their spouses or partners and children.

If employers have questions regarding this notice, family reunification requirements, or the conditions attached to an IRP Stamp 1G, please contact a member of the Immigration and Employment Law team with KPMG Law in Ireland (see the Contact the team section).