Strange situation?

SilverBER

This is something I've never encountered and I am looking for input. A friend of mine lives in Dublin with his US partner - he is Irish. They have been living together in Ireland for over 12 years. She is a nurse and got a job in a nursing home when she arrived here. The employer told her that he would sort out the work permit for her and that she could start straight away. So she did. She has been there ever since, got three promotions and held a pretty senior management position. Two weeks ago she was called into the HR office. She was told that her employee file was checked during an inspection and it was discovered that she has no permit to work in Ireland and she was asked to resign. My friend avised her not to but she was railroaded into a resignation following an offer of 20K to go. They threatened her with deportation etc - the usual crap we expect from idiots like this. The union was of no assistance and didnt return her call so she signed the note and took the money - signing away her right to litigate it in the process. Anyone ever heard of anything like this before? Is there anything that can be done? I suggested a solicitor, the US Embassy, a different union etc. It came as a bolt from the blue and all took place inside a week so their heads are spinning a little. They are applying for a de facto spouse visa but IMHO the employers behaviour is reprehensible

Morlar

SilverBER wrote: »

employer told her that he would sort out the work permit for her .............. it was discovered that she has no permit to work in Ireland and she was asked to resign.

Ultimately it is a persons own responsibility to ensure that they have the paperwork in order to work in another country.

You can argue this around in circles till the cows come home but that's what it boils down to.

Being offered €20,000 redundancy for someone with no valid paperwork to take a job in this country is nothing to complain about imo.

SilverBER

Morlar wrote: »

Ultimately it is a persons own responsibility to ensure that they have the paperwork in order to work in another country.

You can argue this around in circles till the cows come home but that's what it boils down to.

I agree with this and it was a point I made to them.

Being offered €20,000 redundancy for someone with no valid paperwork to take a job in this country is nothing to complain about imo.

The 20K wasnt a redundancy payment, it was a cash payment by the employer.

Morlar

SilverBER wrote: »

The 20K wasnt a redundancy payment, it was a cash payment by the employer.

My mistake - yes employers always make them randomly out of the blue for no reason.

* ok that was a bit flippant.

The point is that considering this person was aparently working illegally then in that case a 20k payment on the event of 'her leaving' is nothing to complain about. The main point remains that we are each responsible to make sure that we are legally working wherever we chose to go and live. IF I go to australia and work away for 10 yrs without the correct work permit/paperwork it would be on me. I would not expect a 20k payment in return for me not ensuring that I had the correct paperwork. I would expect to be deported or at least face a severe penalty. Same for you and for everyone else.

sideshowsue

I'm boggling here. I won't waste anyone's time chastising your friend's partner's ignorance, so I'll just outline the facts of the matter:

1.) It is, was and always will be her responsibility to ensure that she holds all the proper paperwork to reside and work in the Irish state. This is made clear on the INIS website: "The onus is on all Non-EEA Nationals to keep their residency up to date at all times while they are in the State."

2.) She currently does not have permission to reside in the state. This should be her first and immediate priority and must be addressed as a matter of urgency. It is imperative to realize that she does not have the automatic right to residence in Ireland even as the de facto partner of an Irish national.

3.) Her former employer has terminated her employment for justifiable reasons since she is, technically speaking, illegally resident in Ireland. Whilst the point could be made that her employer should have arranged the work permit, she really should have followed this up. She is at fault here.

With these facts in mind, a solicitor won't be of any use to get her job back; her employment was not terminated unfairly since she does not hold the proper permission to work. This is also why the union won't be of any use or assistance. What's more, the US Embassy will only tell her that they have neither remit nor jurisdiction to intervene in Irish immigration policies. They will, however, probably advise her to regularize her status in Ireland immediately. So in short, the US Embassy will tell her to PFO.

My advice to your friend's partner would be to sort out her residence permit ASAP. With a bit of luck, she'll happen upon a sympathetic ear in the INIS who will organize the residence permit with a minimum of fuss. If and when she receives the residence permit, she is free to work in Ireland.

She might also find the following forum useful for advice and support dealing with the general wackiness of the GNIB/INIS: http://www.immigrationboards.com/viewforum.php?f=34

SilverBER

Thanks all. Its much as I explained to them really. I suppose its a bit of a shock to have a job one minute and none the next after a long service with a company. I just felt that the company involved could have shown a bit of humanity in all this.