BUSINESS & COMPANY FORMATIONS

Business Permission for Non EEA Nationals

Business Permission for Non EEA Nationals

The EEA, European Economic Area comprises the 27 Member States in the European Union: Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden and the United Kingdom and the countries Iceland, Liechtenstein, Norway and Switzerland

A non-EEA National who intends to come to Ireland in order to establish a business will require the permission of the Minister for Justice and Equality to do so otherwise know as "Business Permission".

Non-EEA Nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission.

There are a number of requirements that Non-EEA nationals applying for business permission must satisfy.

These are that;

(a) they must create employment (other than their own)

(b) show personal investment of €300,000 or more.

Exemptions from the Requirement for Business Permission

A number of categories of non-EEA nationals are exempt from the requirement to obtain Business Permission. The categories are as follows:-

  1. persons who have been granted refugee status by the Minister for Justice and Equality.
  2. dependant relatives of EEA nationals exercising a valid right to reside in Ireland.
  3. persons who have been granted permission to remain in the State on one of the following grounds:-
  4. persons with permission to remain as the spouse of an Irish national.
  5. persons with permission to remain in Ireland on the basis that they are the parent of an Irish born child ( an Irish citizen).
  6. persons who have been granted temporary leave to remain in the State on humanitarian grounds, having been in the asylum process.

Before submitting an application for Business Permission in Ireland applicants should meet the following criteria;-

(a) have not less than €300,000 of your own money available to make an investment into business in Ireland and be in a position to supply documentary evidence e.g. statements etc. from a financial institution confirming available funds.

(b) where the the funds are held in Ireland, the financial institution used  for the funds must be regulated by the Financial Services Authority of Ireland (CBFSAI). The Financial Services Authority of Ireland is the official financial regulatory body in Ireland.

(c) the proposed business must create employment for two EEA nationals for a new project or, at the very least, maintain employment in an existing business;

(d) the proposed business must add to the commercial activity and competitiveness of the State;

(e) the proposed business must be a viable business with sufficient income to maintain and accommodate the applicant and any dependants without resorting to social assistance or paid employment for which a work permit would be required;

(f) The applicant must be in possession of a valid passport or national identity document and be of good character.

Business Permission Application Process

Applicants for Business Permission in Ireland must submit –

  1. A valid passport or national identity document;
  2. A registration certificate if already residing in the State;
  3. A statement of character from the police authorities of each country in which you have resided for more than six months during the 10 year period prior to your making an application;
  4. Business plan which addresses points (1) to (5) above. This business plan must be endorsed by a firm of accountants or a financial institution involved in venture capital.
  5. Detailed proof of the skills levels required to undertake such a business including, where applicable, academic qualifications in the particular field, details of apprenticeships, evidence of previous business experience, all qualifications relevant to the proposed business and general experience.
  6. References from former employers.
  7. Details of where the business will operate from, including layout specification and lease/rental plans.

SPECIFIC CRAFTS

Writers, Artists and Crafts persons – while not subject to the capital or employment requirements must demonstrate clearly that they are well known/internationally renowned in their chosen field and are in a position to fully support themselves from income from their chosen craft without recourse to alternative employment and/or social assistance. How can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?

If a Business Permission application is approved a letter issued granting permission to engage in business for an initial period of 12 months.

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