Destination Ireland - Issues To Consider Before Relocating

Author:Mr John Gill and Paraic Madigan

We've listened to and read various commentary over the past 18 months as to the opportunities that exist for Ireland Inc in the context of Brexit and companies who as part of their Brexit contingency plan, look to move part of their global operations to Ireland.

Inevitably as part of this matrix, the ability to relocate key employees comes into focus.  Often missing from the narrative is the personal impact of relocation for those employees.  Independently, Ireland has long been a new home for people relocating here for lifestyle reasons, notably, from the US but also from EU jurisdictions and more recently from further afield including China who have been attracted by Irish culture, the way of life and our education system.

John Gill examines some of the key issues people need to consider when relocating to Ireland.

The Right to Reside

For EU / EEA nationals, their ability to live and / or work in Ireland is straightforward.  Their right to relocate and reside here derives from the fundamental freedoms enshrined in EU law.  As part of Brexit negotiations to date, it has been indicated that the longstanding Common Travel Area between the UK and Ireland which allows citizens of the two jurisdictions to live and work freely in the other jurisdiction will continue to apply post Brexit.  However, for all non-EEA nationals moving to Ireland, they must obtain permission to remain in the State for any period over and above the short stay 90 day visa.  When relocating for work, the right to reside will be inextricably linked to an employment permit granted by the Department of Business Enterprise and Innovation.  This often comes in the form of a Critical Skills Permit and entry visa and separate permission to remain in the form of a stamp endorsement in their passport.  Such stamps indicate a type of immigration permission and the conditions attached to it.  The stamp endorsement for critical skills applications generally comes in the form of a Stamp 1 or Stamp IV.  The nature of the stamp endorsement will dictate if your time in Ireland will also constitute reckonable residence for the purposes of a subsequent citizenship by naturalisation application.

For lifestyle relocators from outside the EEA, typically their right to reside requires proof that the individual has an independent means of wealth and by their presence, they will not become a "burden on the State".  They are typically granted a Stamp 0 endorsement which must be renewed annually...

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