A feature which is often overlooked in work permit applications is the second step of applying for an immigration visa. We are currently acting for a client whose work permit was granted but who cannot get a visa to come here.
The work permit is issued under the auspices of the Department of Jobs, Enterprise and Innovation, who have deemed our applicant a suitable candidate for gainful employment in Ireland. The travel visa and the permission to reside is issued, by contrast, by the Department of Justice and Equality, who have refused our applicant the required visa as she has overstayed a previous visa in the past.
Although we accept that past breaches of residency permits can result in a refusal of residency permits, we argue that this situation is unique in the sense that our client is clearly deemed fit to work in this country.
In this interesting case, we are faced with the paradoxical situation where the Irish State as such deems our applicant suitable for working in this country, but does not deem our applicant suitable to legally enter and reside in this country.
It feels as if two hands of the same body are not working in harmony, but in contradiction to each other. The refusal of the visa is currently under appeal and we hope that a successful appeal will be a positive end of this particular battle