Right-to-work and work-eligibility checks in Ireland
Reviewed by Mellow Editorial Team, HR & payroll content team
Employers in Ireland are legally required to check that every employee has the right to work in the state before they begin employment — not after. Failing to do so can result in criminal prosecution, significant fines, and reputational damage.
Why the check matters
Under the Employment Permits Acts and immigration law, employing someone who does not have permission to work in Ireland is a criminal offence. The employer bears responsibility, regardless of whether the employee provided false documents. A successful right-to-work check creates a statutory defence — it does not guarantee immunity, but it demonstrates due diligence.
Revenue also expects that anyone on your payroll has a valid PPS number and work authorisation. If you are running real-time payroll submissions through ROS on or before each payday, the last thing you want is an employee whose status later unravels.
Who needs a check
Every person you take on needs a check — Irish citizens, EEA nationals, UK nationals, and non-EEA nationals alike. The category of person determines what documents you accept, but the obligation to check applies universally. Do not make assumptions based on accent, appearance, or name.
Irish and EEA nationals: Free to work in Ireland without a permit. Acceptable documents include an Irish passport, Irish birth certificate combined with photo ID, or an EEA member state passport or national identity card.
UK nationals: Since Brexit, UK citizens retain the right to live and work in Ireland under the Common Travel Area (CTA) arrangements. A UK passport or UK national identity card suffices.
Non-EEA nationals: Must hold either a valid employment permit issued by the Department of Enterprise, Trade and Employment, or an immigration permission that grants work rights (for example, a Stamp 4, Stamp 1G, or certain Stamp 3 exemptions). Check both the document and the conditions attached to it — some stamps restrict the type or hours of work.
How to conduct the check: step by step
Step 1 — Request documents before employment begins. Ask the candidate to provide original documents. Do this before the first day of work, not as an afterthought during onboarding.
Step 2 — Examine the originals in person (or via a live video call where remote hiring makes this necessary). Look at the document while the person is present. Check that the photograph matches, the document is not visibly altered, and any expiry date has not passed.
Step 3 — Make and retain a clear copy. Photocopy or scan the document. For digital documents (such as the Irish Registration Certificate accessed through the ISD app), take a screenshot or print-to-PDF while the document is on screen. Date the copy.
Step 4 — Record when you conducted the check. Note the date, who conducted the check, and what document was presented. A simple internal log works. This record is your evidence of compliance.
Step 5 — Store the copy securely. Under GDPR, you hold only what is necessary and for no longer than needed — in practice, for the duration of employment plus a reasonable period afterwards (many employers use the same retention period as their broader HR files, typically around one year post-employment, but take legal advice on your specific circumstances).
Step 6 — Set a diary reminder for time-limited permissions. If an employee's work authorisation has an expiry date — an employment permit, a visa, a stamp — diarise a follow-up at least four to six weeks before it expires. You are responsible for ensuring permission remains valid throughout employment, not just at the start.
Common mistakes to avoid
Checking only at hire and forgetting renewals. An employment permit is typically granted for a fixed term. If it lapses and you continue employing the person, you are in breach.
Accepting copies rather than originals. Documents must be originals at the point of checking. A scanned copy sent by email before the check is not sufficient on its own.
Treating the check as a formality for some nationalities. Some employers check non-EEA nationals carefully and wave through EEA or Irish applicants with no record kept. If challenged, you need evidence of the check for every employee.
Conflating the PPS number with work authorisation. A PPS number is a tax and social welfare reference. Having one does not confer the right to work. A person can hold a PPS number and still lack valid work authorisation.
What to do if documents are unclear or missing
If a candidate cannot produce acceptable documents before their start date, do not let them begin work while you wait. Pause the start date. If documents appear to have been tampered with, decline to accept them and, where fraud is suspected, you may have an obligation to report to An Garda Síochána or the Irish Naturalisation and Immigration Service (INIS).
For complex cases — an unusual permit type, a candidate transitioning between immigration statuses, or a worker moving from another jurisdiction — take advice from an immigration solicitor before proceeding.
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