Is the Atypical Working Scheme suitable for your short term talent needs?

19 Febuary 2026

The Atypical Working Scheme – a flexible immigration option?

In the context of the need for greater flexibility for the mobility of workers, we have noticed an increase in the volume of requests from clients inquiring about a commuter type employment permit under Irish immigration rules.

The Irish immigration and employment permit system does not provide for such a permit. We have found that this had led to an increase in volume of applications for Atypical Working Scheme permissions.

Such permission, as issued by the Department of Justice, Home Affairs and Migration (as opposed to the Department of Enterprise, Tourism, and Employment in the context of employment permits), can be an effective short-term working immigration solution, however, successful applications are not always guaranteed, and the process can be relatively involved and document heavy.

What is the Atypical Working Scheme?

The Atypical Working Scheme (“AWS” or the “Scheme”) is a short-term immigration permission designed to facilitate specialised, highly skilled work in Ireland that falls outside of the scope of the standard employment permit system. It is particularly relevant for non-EEA nationals who need to work in Ireland temporarily, including those commuting for short-term assignments.

Eligibility for the Scheme is based on an identified shortage of skills; and to provide specialised expertise or advanced skills to an industry, business, or academic institution for a limited duration.

Subject to the eligibility criteria, the general AWS allows non-EEA nationals to enter and exit Ireland multiple times during the validity of their AWS approval. This is ideal for workers who need to travel frequently between Ireland and their home country for short-term work engagements.

Additionally, unlike many employment permit applications, a corporate relationship does not need to exist between the home employer and the Irish entity, making this a more flexible immigration permission.

How does the general AWS work?

Permission under the Scheme is granted for a maximum duration of 90 days.
These 90 days may be used to facilitate intermittent travel into and out of the State within a 6-month period.
The gross base annual salary must match that of the General Employment Permit in Ireland, which is currently €34,000 based on a 39-hour working week (from 1 March 2026, this will increase to €36,605 per annum).
A mandatory cooling-off period of one month applies following the conclusion of the 6-month period before any subsequent entry to the State under a new AWS permission.
The approval of any further permission under the Scheme is conditional upon evidence of compliance with the terms of the previous permission. This includes proof of landing and remaining in another jurisdiction, generally demonstrated through passport stamps.

The AWS may not always be the correct permission to apply for. It will not be suitable for certain workers such as those already present in Ireland, those whose role falls within the categories listed as ineligible for Employment Permits by the Department of Enterprise, Tourism and Employment, and those who qualify for permission under the Van Der Elst Judgment (where an applicant resides and works in another EU Member State).

The application process

As mentioned above, the process can be document heavy. Each application involves:

A full colour copy of the applicant’s current passport, which is required to be valid for the full duration for which the permission is required (if an applicant also requires an entry visa, the passport must be valid for 12 months after the proposed date of arrival in Ireland).
A contract of employment outlining the full terms of the individual’s employment in the State.
A letter from the Irish host company confirming the offer of employment or request for the provision of services.
A Letter of Authorisation may be required in circumstances where the application is being submitted by an agent or legal representative.
A letter of support from IDA or Enterprise Ireland may also be required.

All those who wish to avail of a permission under the AWS must apply via the Department of Justice, Home affairs and Migration’s Immigration Service Delivery Online Application Portal.

Applications must be made from outside of Ireland, and all applicants must remain outside of Ireland while the application is pending.
Applicants must complete the online form, provide all required supporting documents, and pay the €250 Government fee online.
The process takes approximately 20 business days from the date of submission. If the application is successful, a Letter of Approval will issue by email, which remains valid for 90 days from the date the letter was issued, meaning AWS holders have 90 days to enter the State to activate their AWS. Should the 90-day period expire, without entry to Ireland, the AWS is no longer valid, and a further application must be submitted. Once the AWS is activated it will be valid for 6 months permitting work of a maximum of 90 days over a 6-month period.

Visa required nationals are required to obtain an entry visa in addition to (and following the issuance of) the AWS Letter of Approval. The entire process can take a number of weeks/months depending on the entry visa processing times of the applicant’s nearest Embassy, Consulate or Visa Processing Centre.

Employers note

In the context of a nationwide reduction in the number of employment permits being issued, a new employment permits online system, and the need for greater flexibility of immigration permissions, we expect the AWS scheme to continue to be an attractive option for employers sending non-EEA/Swiss/UK nationals to work in Ireland.

However, we expect the strict eligibility criteria and restrictive nature of the eligible roles to continue to be in sharp focus for employers considering this option.

Contact

Our Employment and Immigration Law team guides employers through all matters relating to the Atypical Working Scheme, and we reflect our experience with processing applications to ensure a smooth process for both applicants and employer entities.

Please contact a member of the team for more information.