The Department of Justice has announced number of changes to the terms and conditions to the Atypical Working Scheme (AWS)
Following extensive stakeholder consultation regarding the future of the Atypical Working Scheme (AWS) a number of amendments to the terms and conditions of the AWS have been agreed.
The changes set out below will take effect from 1 January 2023, as follows:
The salary threshold for the Atypical Working Scheme will be revised from the current National Minimum Wage to align with the published salary requirement for a General Employment Permit (currently €30,000 at time of publication). This change is being introduced in order to minimise any distorting effect of the Atypical Working Scheme on the national labour market.
Consultation has also taken place regarding the cooling off period.
At present, only one permission under the Atypical Working Scheme can be availed of in any 12-month period. The 12-month period between permissions commences on the expiry date of any previously granted and used permission.
With effect from 1 January 2023:
- Permission under the Scheme will continue to be granted for a period of 90 days
- The 90 days of permission under the Scheme can be used to support intermittent travel into and out of the State to a maximum of 90 days over a 6 month period
- A cooling-off period of one month will apply from the end of the 6 month period before any new entry to the State under a subsequent AWS permission can occur.
- A new application can be made during this one month period, but the permission granted cannot be used until the month has passed. This will be identified on any subsequent permission letters granted.
- The granting of any subsequent permission under the Scheme will be contingent upon demonstrated compliance with the terms of the previous permission and that responsibility fo demonstrating same rests solely upon the applicant or their agent in the form of evidence of landing and remaining in another jurisdiction by means of passport stamps.
Both of the above proposals apply only to the “general” category of applications for permission under the Scheme (including the entertainment industry, biotech, pharmaceutical, and technology sectors) and will have no impact on applications for permission to enter the State as frontline medical personnel or under other categories of permission available under the Scheme.
The above amendments will be effective for any new application received on or after the 01 January 2023. Any applications received prior to this date will continue to be assessed under the schemes current criteria.