• Foreign Students’ Working Hours Rules Modified
  • August 25, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • On or after September 1, non-European Economic Area (EEA) nationals studying in Ireland will no longer be able to work full time in May and will be able to work full time in September. The rule will therefore be as follows on or after September 1:
    • 40 hours per week: June, July, August, September, December 15 through January 15;
    • 20 hours per week: October, November, January 16 through May 31.
    Background

    Non-EEA students registered with the Garda National Immigration Bureau (GNIB) are issued a residency card with a “Stamp 2”, which allows them to undertake part-time work without an employment permit.

    The only non-EEA students that can work full time during any month are those that graduate from an Irish university who seek to extend their immigration status by applying for a “Stamp 1G” under the Third Level Graduate Scheme. Students who completed their course of study and applied under the Third Level Graduate Scheme before February 1, 2016 would have received a Stamp 2 allowing them to work full time, not a Stamp 1G.

    What This Means for Employers and Foreign Nationals

    Employers should ensure that they do not employ non-EEA students full time during October and November, and January 16 through May 31 unless they hold a Stamp 1G.

    With regard to students who completed their course of study prior to February 1, 2016 and hold a Stamp 2, employers should confirm that such students have duly registered under the Third Level Graduate Scheme before employing them full-time during October and November, and January 16 through May 31.

    Employers violating this rule can face fines and students who violate these rules may have their student immigration status revoked.