The Van Der Elst Work Transfer permission stems from a landmark decision by the European Court of Justice on 9 August 1994, in the case of Raymond Vander Elst v Office des Migrations Internationales (Case C-43/93).
This ruling affirmed the right of EU companies to provide services freely across the European Economic Area (EEA) without needing to secure additional employment permits in the host country. It clarified that non-EEA nationals lawfully employed by an EU/EEA company can temporarily work for a company in another EU/EEA country without requiring further permits.
How It Works
For example, a French company employing a non-EEA national under a local contract could temporarily assign this employee to Ireland for up to 12 months without applying for an employment permit.
Eligibility Criteria
To qualify for the Van Der Elst Work Transfer permission, the employee must:
Be lawfully resident in the EU/EEA country where the employer is established
Be legally employed by the employer in the sending country
Be on the employer’s payroll in the sending country
Entry Requirements
Visa required nationals must apply for an entry visa to Ireland once they receive approval under the scheme.
Non-visa nationals are not required to apply for a pre-entry visa but must carry documentation proving their entitlement to enter under the scheme.
Upon arrival, both visa and non-visa nationals must register at their local immigration office within 90 days.
Conditions of Permission
The permission to remain in Ireland cannot extend beyond the expiry of the employee’s original residence permit in the sending country—even if this results in a stay of fewer than 12 months.
Employees are not allowed to take up any other form of employment while in Ireland.
Family members are not entitled to accompany the employee, although they may apply separately for short-term visit visas if eligible.
Transitioning to Other Permits
Should the employee later wish to apply for an Irish employment permit, they must leave Ireland and submit the application from outside the State.
Who Is Not Eligible
Self-employed individuals
Holders of intra-company transfer permits in the sending EU member state
These categories are not eligible for the Van Der Elst Work Transfer permission.
- Employment Permit Types & Overview
- Highly Skilled Worker Permit
- Standard Employment Work Permit
- Work Transfer Permit for Company Employees
- Alternative Employment Permit Options
- Work Permit Schemes for Skilled Labour
- Short-Term Work Permission for EU Employees
- Employer-Supported Residency Applications
- Employment Rules for Posted Workers in Ireland