Business Permission for Non EEA Nationals

Business Permission for Non EEA Nationals

 

The EEA, European Economic Area comprises the 27 Member States in the European Union: Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden and the United Kingdom and the countries Iceland, Liechtenstein, Norway and Switzerland
A non-EEA National who intends to come to Ireland in order to establish a business will require the permission of the Minister for Justice and Equality to do so otherwise know as "Business Permission".
Non-EEA Nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission.
There are a number of requirements that Non-EEA nationals applying for business permission must satisfy.
These are that;
(a) they must create employment (other than their own)
(b) show personal investment of €300,000 or more.

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Exemptions from the Requirement for Business Permission

A number of categories of non-EEA nationals are exempt from the requirement to obtain Business Permission. The categories are as follows:-

1.  persons who have been granted refugee status by the Minister for Justice and Equality.
2.  dependant relatives of EEA nationals exercising a valid right to reside in Ireland.
3.  persons who have been granted permission to remain in the State on one of the following grounds:-
4.  persons with permission to remain as the spouse of an Irish national.
5.  persons with permission to remain in Ireland on the basis that they are the parent of an Irish born child ( an Irish citizen).
6.  persons who have been granted temporary leave to remain in the State on humanitarian grounds, having been in the asylum process.

Before submitting an application for Business Permission in Ireland applicants should meet the following criteria;-

(a) have not less than €300,000 of your own money available to make an investment into business in Ireland and be in a position to supply documentary evidence e.g. statements etc. from a financial institution confirming available funds.

(b) where the the funds are held in Ireland, the financial institution used  for the funds must be regulated by the Financial Services Authority of Ireland (CBFSAI). The Financial Services Authority of Ireland is the official financial regulatory body in Ireland.

(c) the proposed business must create employment for two EEA nationals for a new project or, at the very least, maintain employment in an existing business;

(d) the proposed business must add to the commercial activity and competitiveness of the State;

(e) the proposed business must be a viable business with sufficient income to maintain and accommodate the applicant and any dependants without resorting to social assistance or paid employment for which a work permit would be required;

(f) The applicant must be in possession of a valid passport or national identity document and be of good character.

 

Business Permission Application Process

Applicants for Business Permission in Ireland must submit –

1. A valid passport or national identity document;
2. A registration certificate if already residing in the State;
3. A statement of character from the police authorities of each country in which you have resided for more than six months during the 10 year period prior to your making an application;
4. Business plan which addresses points (1) to (5) above. This business plan must be endorsed by a firm of accountants or a financial institution involved in venture capital.
5. Detailed proof of the skills levels required to undertake such a business including, where applicable, academic qualifications in the particular field, details of apprenticeships, evidence of previous business experience, all qualifications relevant to the proposed business and general experience.
6. References from former employers.
7. Details of where the business will operate from, including layout specification and lease/rental plans.

 

 

SPECIFIC CRAFTS

Writers, Artists and Crafts persons – while not subject to the capital or employment requirements must demonstrate clearly that they are well known/internationally renowned in their chosen field and are in a position to fully support themselves from income from their chosen craft without recourse to alternative employment and/or social assistance. How can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?
If a Business Permission application is approved a letter  issued granting permission to engage in business for an initial period of 12 months.

Starting a Business in Ireland

What is a Single Member Company ?

Single Member Company

There is often much confusion and misinformation (usually disseminated  by the local bar stool expert) as to what type of entity a Single Member Company actually is. Let's clear it up then!

--> Single Member A Single Member Private Limited Company does not, first and foremost ,mean that the company can have only one director!

A member means is a shareholder or in effect a company owner. In many small companies the company members i.e. shareholders may indeed be one and the same as the company directors.

A Single Member Company is therefore no different from any other private limited company other than the fact that the entire issued share capital is held or owned by one single/sole person i.e the single member hence, the designation "single member company". This sole person is the sole beneficial owner of the company and is the company's only member/shareholder i.e. the single member.

A Single Member company requires that a minimum of two persons are still in place to act as company directors - member refers to shareholder and not to director! Note that this is likely to change post 2012 when it is likely that all stages of the new Companies Bill has been effected allowing a company to effectively have in place only one person.

There are some specific requirements with regard to the drafting of the memorandum & articles for a Single Member company.

Related Resources

• Register a Limited Company
  Have your limited company registration documents drafted and prepared for you for filing. Use our online application system to prepare you company formation documents. Read More.
• Business Name Registration
  For Sole Traders and Partnerships the registration of a Business Name may be preferable. Read More on how to Register a Business Name.

Involuntary Strike Off

Involuntary Strike Off  

What is Involuntary Company Strike Off?
Involuntary strike off is the process by which the Registrar of Companies will strike a company off the index of companies. There are a number of reasons why a company will be struck off.

 

Reasons for Involuntary Strike Off

The Registrar may consider having a limited company struck off where non compliance has taken place over a prolonged period of time. Historically company non compliance in Ireland was tolerated for longer periods of time but with the establishment of the Office of the Director Of Corporate Enforcement and more stringent policing in recent times it is quite likely that a company failing to comply with company law for a period not exceeding one to two years will incur strike off sanction.

 

Non Compliance Issues

The primary company non - compliance issue is that of failure to file a company's annual return.
Failure to file an annual return may occur for a number of reasons. In certain cases where a limited company may not be have traded since the date of incorporation the company officers may wrongly assume that an annual return does not need to be filed. This is incorrect. An annual return must be filed each year whether or not the company in question has traded. Failure to file such a return will lead to the company being struck off i.e  involuntary strike off.

Since the onset of tougher economic times quite a number of registered limited companies may have ceased trading. Such companies have continuing annual filing obligations. Contrary to popular myth, simply ignoring the filing of returns and hoping that the company will eventually be struck off will not lead to an end to the matter.

It is true that the company will eventually be struck off the register but that does not exonerate the company officers concerned who have breached company law and are guilty of non compliance. It is quite likely that in such cases an action may be taken against the company officers leading to a summary conviction, disqualification from holding company directorships and in some cases a fine and or custodial sentence.

The Revenue Commissioner are a third party who may request the Registrar to have a company struck off. This may occur where a company has failed to meet its obligations under the Taxes Consolidation Act with regard to the filing of company details with Revenue. This particular type of involuntary company strike off, whilst not a common as that of the non filing of annual returns does indeed happen relatively regularly due to company officers overlooking their obligations to file the required notifications with Revenue post incorporation.

For example a commonly "missed form" is Form 11FCRO which is a basic statement of particulars required to be filed under the Taxes Consolidation Act.

Related Articles

• File an Annual Return
  The obligation to file annual return is ongoing. Company not trading but you want to keep the limited company name, we can help with your annual filing. Read more.
• Close a Limited Company
  In order to properly close a limited company, the company must have certain circumstances that allow it to make application for voluntary strike off. Read more.

Running a Business From Home

Running a Business from Home  (The Pyjama Factor !)

Running a Business from Home may seem like a very good idea. First if all there is the obvious cost saving associated with running the business from the spare room, the study if you have one or indeed the purpose built "garden office".
Save on Office Costs

These are significant savings to be made over and above renting office space, paying rates, office cleaning cost, property insurance just to mention a few of the expenses involved. Also there is no specific piece of legislation that prevents you from running your business form home - right? not quite true!


Local Authority By Laws & Rates

Your local authority by laws may prohibit or inhibit you from running a business or company from your residence in the first place - the neighbours  for one, may not look favourably on a stream of "client visits" and cars parked all over the place.

Secondly where you are running a business from home, lets say a consultancy type service and claiming for the expenses as a deduction against income the running costs of the "office" the Revenue Commissioners may class this section of your property as being "commercial" thereby opening up the possibility of having commercial rates levied on that area of your property by the local authority.

Registration Difficulties

There may also be queries raised and or have a business name registration rejected at the Companies Registration Office where you are intending to register a business name and carry out a business which in the opinion of the CRO may not be deemed suitable to being carried out at a residential address.

The Pyjama Factor !

Finally you might want to consider that some lazy Sunday morning when you are relaxing at home, the doorbell rings and there in front of you is a disgruntled client looking for redress of a perceived problem or the creditor looking for payment. Do you really want to have to deal with him/her while standing in your PJ's with the kids running around the front hall?
We are not saying don't run you business from home but if you do, the best advice is to do it only for a short while to get up and running then move on at the very east to a virtual office/business address facility where your post can be received/held/forwarded and where you can meet with clients on a more professional basis.
 
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