Employment Visa

A person can be granted with a work permit from the Department of Enterprise but then be refused a visa for entry to the state.

In KN v Minister for Justice and Equality it was stated the legality of the state’s decision to refuse a visa should be considered in the context of administrative law principles.

Was the decision arrived at on the basis of correct facts ?

Were fair procedures followed ?

Was the decision rational ?

Also, whether the basis for the refusal was patent from the decision.

In Elmbeyad v Minister for Justice it was held the appropriate test, when assessing the exercise of executive discretion in refusing to issue a visa, was whether the decision makers acted in a capricious, arbitrary or unjust manner.

One of the reasons an employment permit can be refused is if the prospective employee does not possess the qualifications, knowledge or skills for the employment concerned or the foreign national concerned does not have the appropriate level of experience required for the employment.

Many times visas are refused for reasons of insufficient information provided with the visa application. It is important to ensure all the necessary information is provided. There is a list of documents required on the departments website.

If a person has been granted with a work permit, if the person is from a country which is required to have a visa to enter Ireland, then you can find information about employment visa here.  

Immigration Lawyer

If you have questions about work permits, you can speak with an immigration lawyer on (01) 546 1121 or  (052) 612 1999.

Roger Cleary

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