Employment Permits Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Employment Permits Act 2024 Employment Permits Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 17 of 2024 EMPLOYMENT PERMITS ACT 2024 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Definition of “remuneration” 4. Regulations 5. Expenses 6. Repeals and revocations PART 2 Employment in State of Foreign Nationals Chapter 1 Prohibition on employment in State without employment permit 7. Employment in State of foreign nationals 8. Non-application of section 7 to certain foreign nationals Chapter 2 Purposes for which employment permits may be granted 9. Purposes for which employment permit may be granted Chapter 3 Approved seasonal employer 10. Application for approval as approved seasonal employer 11. Refusal to approve person as approved seasonal employer Chapter 4 Application for employment permit 12. Application for employment permit 13. Application – information to be provided 14. Foreign nationals who may apply for dependant employment permit 15. Amendment by Minister of application 16. Recommendation by enterprise development agency 17. Consultation by Minister in respect of certain applications 18. Consideration by Minister of application Chapter 5 Grant of employment permit 19. Grant of employment permit by Minister 20. Cancellation of previous employment permit still in force 21. Issue of employment permit, information to be specified in permit, etc. 22. Restriction on grant of employment permit 23. Establishing need for grant of certain employment permits 24. Conditions of grant of intra-company transfer employment permit 25. Conditions of grant of contract for service employment permit 26. Change of ownership of business: change to name of employer, connected person or relevant person 27. Change of employer: application and approval of change 28. Change of employer: refusal to approve change 29. Change of approved seasonal employer: application and approval of change 30. Change of approved seasonal employer: refusal to approve change 31. Employment of non-consultant hospital doctors Chapter 6 Refusal to grant employment permit 32. Mandatory grounds for refusal of employment permit 33. Discretionary grounds for refusal of employment permit 34. Notification of refusal and return of fee 35. Review of decision to refuse grant of employment permit Chapter 7 Renewal of employment permit 36. Renewal of employment permit 37. Period for which employment permit may be renewed 38. Application of certain sections to renewal of employment permit 39. Additional grounds for refusing renewal of employment permit Chapter 8 Cessation of employment permit 40. Revocation of employment permit 41. Review of decision to revoke employment permit 42. Order under section 3 or 4 of Immigration Act 1999 43. Termination of employment Chapter 9 Redundancy of certain permit holders 44. Redundancy of critical skills employment permit holder 45. Redundancy of general employment permit holder 46. Information, documents, supplementary provisions relating to redundancy PART 3 Regulations Relating to Employment Permits 47. Regulations governing grant of employment permit, etc. 48. Remuneration relating to employments 49. Criteria for making regulations under section 47 50. Regulations governing procedure in relation to applications for employment permits, etc. PART 4 Enforcement, Offences and Penalties 51. Authorised officers 52. Warrant relating to offences under section 7
(6)- Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit
- Prohibition on certain use of employment permit
- Prohibition on deduction from remuneration and retention of personal documents
- Provision of false or misleading information
- Penalties and proceedings
- Offences by body corporate
- Civil proceedings
- Prohibition on penalisation
- Presumption of employment in certain proceedings
- Presumptions in proceedings under Act
- Retention of records PART 5 Miscellaneous
- Register of employment permits
- Service of notices
- Notification of change of address
- Delegation of functions
- Data exchange PART 6 Transitional Provisions
- Definition (Part 6)
- Continuation in force of employment permits granted under Act of 2006
- Applications for grant or renewal of employment permits under Act of 2006
- Renewal of employment permits granted under Act of 2006
- Review of refusal under section 12 of Act of 2006
- Review of revocation under section 16 of Act of 2006
- Additional transitional provisions PART 7 Consequential Amendments
- Amendment of section 17
(2)of Employment Equality Act 1998
- Amendment of Immigration Act 2004
- Amendment of Workplace Relations Act 2015 SCHEDULE 1 Enactments Offences Under which Fall within Sections 33
(1)(c) and 40
(1)(b) SCHEDULE 2 Redress for Contravention of Section 60
(3)Acts Referred to Bankruptcy Act 1988 (No. 27) Carer’s Leave Act 2001 (No. 19) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Companies Act 2014 (No. 38) Diplomatic Relations and Immunities Act 1967 (No. 8) Employment Agency Act 1971 (No. 27) Employment Equality Act 1998 (No. 21) Employment Permits Act 2003 (No. 7) Employment Permits Act 2006 (No. 16) European Communities Acts 1972 to 2012 Friendly Societies Acts 1896 to 2021 Health Insurance Act 1994 (No. 16) Immigration Act 1999 (No. 22) Immigration Act 2004 (No. 1) Industrial and Provident Societies Acts 1893 to 2021 International Protection Act 2015 (No. 66) Interpretation Act 2005 (No. 23) Irish Nationality and Citizenship Act 1956 (No. 26) Limited Partnerships Act 1907 (7 Edw. 7, c.24) Medical Practitioners Act 2007 (No. 25) Minimum Notice and Terms of Employment Act 1973 (No. 4) National Minimum Wage Act 2000 (No. 5) Organisation of Working Time Act 1997 (No. 20) Payment of Wages Act 1991 (No. 25) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Protected Disclosures Act 2014 (No. 14) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27) Protection of Employment Act 1977 (No. 7) Protection of Young Persons (Employment) Act 1996 (No. 16) Redundancy Payments Act 1967 (No. 21) Registration of Business Names Act 1963 (No. 30) Safety, Health and Welfare at Work Act 2005 (No. 10) Social Welfare Consolidation Act 2005 (No. 26) Taxes Consolidation Act 1997 (No. 39) Terms of Employment (Information) Act 1994 (No. 5) Trade Union Acts 1871 to 1990 Unfair Dismissals Act 1977 (No. 10) Unfair Dismissals Acts 1977 to 2015 Workplace Relations Act 2015 (No. 16) Number 17 of 2024 EMPLOYMENT PERMITS ACT 2024 An Act to provide for the grant of employment permits to certain foreign nationals for the purpose of permitting such persons to be in employment in the State; to prohibit the employment in the State of certain foreign nationals who do not have such permits; to impose certain restrictions and conditions in respect of the grant of such permits; to enable the Minister for Enterprise, Trade and Employment to make, having regard to certain matters, regulations to impose certain other restrictions and conditions in respect of the grant of such permits; to provide for the enforcement of provisions of this Act and the imposition of penalties for contraventions of this Act; to provide for civil proceedings to recompense certain foreign nationals for work done or services rendered in certain circumstances; to otherwise regulate the employment in the State of certain foreign nationals; to repeal the Employment Permits Act 2003 and the Employment Permits Act 2006 ; to provide for consequential amendment to certain other enactments; and to provide for related matters. [25th June, 2024] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.
(1)This Act may be cited as the Employment Permits Act 2024.
(2)This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions and for the repeal of different enactments or provisions of enactments effected by section 6 . Interpretation 2.
(1)In this Act— “Act of 1963” means the Registration of Business Names Act 1963 ; “Act of 1967” means the Redundancy Payments Act 1967 ; “Act of 1997” means the Taxes Consolidation Act 1997 ; “Act of 2003” means the Employment Permits Act 2003 ; “Act of 2006” means the Employment Permits Act 2006 ; “applicant”, in relation to an application, means the person who made the application; “application” means an application under section 12 or, as the case may be, section 36 ; “approved seasonal employer” has the meaning assigned to it by section 10
(5); “approved seasonal employer certificate” has the meaning assigned to it by section 10
(6); “civil partner” means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “connected”, in relation to the connection between a connected person and a foreign employer, means— (
- a)the connected person is a subsidiary of the foreign employer, (
- b)the foreign employer is a subsidiary of the connected person, (
- c)the connected person and the foreign employer are both subsidiaries of a holding company that carries on business in the State or outside the State, or (
- d)the connected person and the foreign employer have entered into an agreement with another person whereby each of them agree to carry on business or provide services with each other in more than one state and to carry on business or provide services in the manner provided for in the agreement; “connected person” means a person carrying on business in the State who is connected to a foreign employer; “contract for service employment permit” has the meaning assigned to it by section 9
(2)(e); “contract of employment” means— (
- a)a contract of service or apprenticeship, or (
- b)any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract), whether the contract is express or implied and if express, whether it is oral or in writing; “contract service agreement” means an agreement between a relevant person and a contractor whereby the contractor agrees to provide, cause, or arrange for, services to be rendered for or on behalf of the relevant person; “contractor”, in relation to a contract service agreement, means the person who agrees to provide, cause, or arrange for, services the subject of the contract service agreement to be rendered for or on behalf of a relevant person; “critical skills employment permit” has the meaning assigned to it by section 9
(2)(a); “date of dismissal”, in relation to a foreign national who is dismissed by reason of redundancy, has the meaning assigned to it by section 2 of the Act of 1967; “dependant” means a foreign national who— (
- a)has been determined by the Minister for Justice to be a dependant, other than the spouse or civil partner, of a primary permit holder or a research project researcher, (
- b)has, since he or she landed in the State, resided in the State on a continual basis, (
- c)is not in full-time education, and (
- d)resides with the primary permit holder or the research project researcher referred to in paragraph (a); “dependant employment permit” has the meaning assigned to it by section 9
(2)(b); “Directive 2005/71/EC” means Council Directive 2005/71/EC of 12 October 20051 on a specific procedure for admitting third-country nationals for the purposes of scientific research; “dismissed by reason of redundancy” means the dismissal by an employer within the meaning of section 9 of the Act of 1967 where the dismissal is— (a) attributable wholly or mainly to one or more of the matters specified in paragraphs (a) to (e) of section 7
(2)of the Act of 1967, or (
- b)a dismissal referred to in section 21 of the Act of 1967; “economic sector” means a sector of the economy concerned with a specific economic activity requiring specific qualifications, skills or knowledge; “employer”, in relation to a foreign national who is in employment in the State, means the person with whom the foreign national has entered into or for whom the foreign national works under (or where the employment has ceased, entered into or worked under) a contract of employment; “employment permit”, subject to section 70 , means an employment permit granted under section 19 ; “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “enterprise development agency” means Enterprise Ireland or the Industrial Development Agency (Ireland); “exchange agreement” means an agreement, including an international agreement to which the State is a party, that provides for the reciprocal employment— (
- a)of Irish citizens, or certain Irish citizens, in the state in which a contracting party is located, and (
- b)in the State, of foreign nationals, or certain foreign nationals, of a contracting party; “exchange agreement employment permit” has the meaning assigned to it by section 9
(2)(g); “foreign employer” means a person carrying on business outside the State; “foreign national” means a non-national within the meaning of the Immigration Act 1999 ; “foreign national concerned” has the meaning assigned to it by section 12
(3); “general employment permit” has the meaning assigned to it by section 9
(2)(c); “health insurance” means insurance providing for the costs and charges of medical treatment; “health insurer” means a person entered in the Register of Health Benefits Undertakings referred to in section 14 of the Health Insurance Act 1994 ; “holder”, in relation to an employment permit, means the foreign national to whom it has been granted; “holding company” shall be construed in accordance with section 8 of the Companies Act 2014 ; “internship employment permit” has the meaning assigned to it by section 9
(2)(i); “intra-company transfer employment permit” has the meaning assigned to it by section 9
(2)(d); “Irish citizen” means an Irish citizen within the meaning of the Irish Nationality and Citizenship Act 1956 ; “medical treatment” includes medical services or medical care; “Member State of the EEA” means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being; “Minister” means the Minister for Enterprise, Trade and Employment; “national minimum hourly rate of pay” has the same meaning as it has in the National Minimum Wage Act 2000 ; “non-consultant hospital doctor” means a person who is employed as a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 , other than a person registered in the Specialist Division within the meaning of that section; “place” includes any dwelling or any building or part of a building; “prescribed” means prescribed by regulations made by the Minister under this Act; “primary permit holder” means a foreign national to whom a critical skills employment permit— (a) has been granted and is in force, or (b) had been granted and has expired and following such expiration— (i) the foreign national has been given the permission referred to in section 8
(1)(
- f)to remain in the State, and (
- ii)is in employment in the State pursuant to the condition, referred to in section 8
(1)(f), of that permission; “public interest” includes— (
- a)public order and the interests of national security, (
- b)public health and safety, (
- c)the need to protect and strengthen the labour market, and (
- d)supporting the economic growth of the State; “reactivation employment permit” has the meaning assigned to it by section 9
(2)(f); “register” has the meaning assigned to it by section 64
(2); “registered with the Revenue Commissioners” means registered with the Revenue Commissioners in accordance with regulations made under section 986 of the Act of 1997; “regulatory body” means a body which is concerned with regulating the entry to or the carrying on of, a profession, employment or trade in the State and includes a body established by or under any enactment; “relevant person”, in relation to a contract service agreement, means the person for whom, or on whose behalf, services are rendered under the contract service agreement; “remuneration” shall be construed in accordance with section 3 ; “research project researcher” means a foreign national— (a) who, pursuant to Directive 2005/71/EC, has been granted permission by the Minister for Justice to be in the State to carry out research pursuant to the Directive, or (b) who, having been granted the permission referred to in paragraph (a)— (i) has been given the permission referred to in section 8
(1)(
- f)to remain in the State, and (
- ii)is in employment in the State pursuant to the condition, referred to in section 8
(1)(f), of that permission; “seasonal employment permit” has the meaning assigned to it by section 9
(2)(j); “seasonally recurrent employment” means an employment that relates to a certain time of the year or seasonal conditions; “sports and cultural employment permit” has the meaning assigned to it by section 9
(2)(h); “standard working week remuneration” means the weekly remuneration that the foreign national concerned would receive if he or she were to work 39 hours each week at— (
- a)the national minimum hourly rate of pay, or (
- b)if the hourly rate of pay fixed under or pursuant to any enactment that applies to the employment concerned is greater than the national minimum hourly rate of pay, the hourly rate of pay that is fixed under or pursuant to that enactment; “statement of earnings”, in relation to a foreign national who is in employment in the State, means a statement of the remuneration paid to the foreign national— (
- a)that is provided to the foreign national to demonstrate that the foreign national has been paid his or her remuneration, and (
- b)that accompanies the periodic payment of that remuneration and specifies in writing the gross amount of the remuneration paid and any deductions made from that gross amount; “subcontractor”, in relation to a contract service agreement, means a person who enters into an agreement with a contractor to provide services (in whole or in part) the subject of the contract service agreement; “subsidiary” shall be construed in accordance with section 7 of the Companies Act 2014 .
(2)In this Act, a reference to the United Kingdom of Great Britain and Northern Ireland includes the Channel Islands and the Isle of Man and “citizens of the United Kingdom of Great Britain and Northern Ireland” shall be construed accordingly.
(3)In this Act, references to a document or record are references to a document or record in written or electronic form and, for this purpose “written” includes any form of notation or code whether by hand or otherwise and regardless of the method by which, or medium in or on which, the document or record concerned is recorded. Definition of “remuneration” 3.
(1)In this Act, “remuneration” means— (
- a)subject to paragraphs (
- b)and (c), the total amount of— (
- i)the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, and (
- ii)any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force, (
- b)in respect of an intra-company transfer employment permit or a contract service agreement employment permit, the total amount of— (
- i)the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, (
- ii)any payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the connected person, foreign employer, contractor or subcontractor, and (iii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made by the foreign employer or the connected person or both of them or by the contractor or subcontractor to— (I) a health insurer, or (II) a person outside the State who provides insurance for medical treatment in respect of the foreign national that has the same, or similar, effect as the health insurance provided by a health insurer, or (
- c)in respect of a seasonal employment permit, the total amount of— (
- i)the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, (
- ii)any payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the employer, and (iii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force.
(2)In this Act— (
- a)references to remuneration in relation to an application for the grant of an employment permit and the consideration of such application by the Minister shall be construed as the remuneration, specified in that application, that is proposed to be paid by— (
- i)the person who has made the offer of employment in respect of which the application is made, (
- ii)in the case of an intra-company transfer employment permit, the foreign employer, in accordance with section 24 and the payments in respect of the remuneration to be paid, in accordance with section 24 , by the connected person, (iii) in the case of a contract for services employment permit, the contractor or subcontractor in accordance with section 25 , or (
- iv)in the case of a foreign national who is employed under a contract of employment referred to in paragraph (
- b)of the definition of “contract of employment”, the employment agency or third person concerned, and (
- b)references to remuneration after a permit has been granted shall be construed as the remuneration paid to the holder of the permit by an employer, a foreign employer or connected person in accordance with section 24 , or a contractor or subcontractor in accordance with section 25 , during the period for which the employment permit has been granted in respect of the employment for which the employment permit was granted. Regulations 4.
(1)The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed.
(2)Different regulations under subsection
(1)may be made in respect of different classes of matter the subject of the prescribing concerned and for different circumstances or classes of circumstances in relation to such different matters or different classes of matters.
(3)Regulations under this Act may contain such incidental, supplementary, consequential and transitional provisions as the Minister considers necessary for the purposes or in consequence of, or to give full effect to, such regulations.
(4)Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses 5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas. Repeals and revocations 6.
(1)The following enactments are repealed: (
- a)the Act of 2003; (
- b)the Act of 2006.
(2)The Employment Permits Regulations 2017 ( S.I. No. 95 of 2017 ) are revoked. PART 2 Employment in State of Foreign Nationals Chapter 1 Prohibition on employment in State without employment permit Employment in State of foreign nationals 7.
(1)A foreign national shall not— (
- a)enter the service of an employer in the State, or (
- b)be in employment in the State, except in accordance with an employment permit that is in force in respect of that foreign national.
(2)Subsection
(1)(
- b)applies whether the employment concerned results from— (
- a)the foreign national being employed in the State by a person, (
- b)the foreign national being employed outside the State by a foreign employer and being required by that foreign employer to carry out duties for, or participate in a training programme provided by, a person in the State who is connected to the foreign employer, (
- c)the foreign national being employed outside the State by a person to perform duties in the State the subject of a contract service agreement, or (
- d)any other arrangement.
(3)A person shall not employ a foreign national in the State except in accordance with an employment permit that is in force in respect of that foreign national.
(4)Where a contract service agreement is entered into between a relevant person and a contractor and either— (
- a)it is customary in the trade or business in which the agreement is entered into, or (
- b)the circumstances in which the agreement is entered into are such that it must reasonably have been in the contemplation of the parties to the agreement, that the means to be used by the contractor for complying with the agreement would consist of or involve, in whole or part, the services being rendered by persons employed by a person other than the contractor (and whether or not that person is in a contractual relationship with the contractor) then, if those means are used, it shall be the duty of the relevant person to take all such steps as are reasonable to ensure, in so far as one or more of the persons so employed is or are a foreign national or foreign nationals employed in the State for the purpose of rendering those services, that that foreign national or each of those foreign nationals is employed in accordance with an employment permit that is in force in respect of that foreign national.
(5)A person shall not permit a foreign national who is employed outside the State by a foreign employer to carry out duties for, or participate in a training programme provided by, that person where that person is connected to the foreign employer, except in accordance with an employment permit that is in force in respect of that foreign national.
(6)A person who contravenes subsection
(1),
(3), or
(5), or fails to take the steps specified in subsection
(4), shall be guilty of an offence.
(7)It shall be a defence for a person charged with an offence under subsection
(6)consisting of a contravention of subsection
(1)to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection
(1).
(8)It shall be a defence for a person charged with an offence under subsection
(6)consisting of a contravention of subsection
(3)or
(5)to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection
(3)or
(5). Non-application of section 7 to certain foreign nationals 8.
(1)Without prejudice to any other provisions of this Act, section 7 shall not apply to a foreign national— (
- a)in respect of whom a declaration under section 47 of the Act of 2015 is in force, (
- b)who is permitted to enter and reside in the State, or reside in the State, pursuant to section 56 or 57 of the Act of 2015, (
- c)who is a programme refugee within the meaning of section 59 of the Act of 2015, (
- d)who is an applicant or a recipient within the meaning of the European Communities (Reception Conditions) Regulations 2018 ( S.I. No. 230 of 2018 ), (
- e)who is entitled to enter the State and to be in employment in the State pursuant to the treaties governing the European Union (within the meaning of the European Communities Acts 1972 to 2012), (
- f)who is permitted to remain in the State by the Minister for Justice and who is in employment in the State pursuant to a condition of that permission that the person may be in employment in the State without an employment permit, or (
- g)who is entitled in the State to privileges and immunities under section 5 or 6 of the Diplomatic Relations and Immunities Act 1967 , or under any other Act of the Oireachtas or any instrument made thereunder, and the Minister for Foreign Affairs has certified in writing that the foreign national concerned— (
- i)falls within an arrangement that permits a foreign national who is a member of the family of an assigned person, forming part of his or her household, to be in employment in the State for the duration of the assignment to official duties in the State of the assigned person concerned, or (
- ii)is a member of the family of an assigned person, forming part of his or her household, and the assigned person concerned is a national of another Member State, a Member State of the EEA or the Swiss Confederation.
(2)A foreign national referred to in subsection
(1)(g) shall be entitled to be in employment in the State without an employment permit for the duration of the assignment to official duties in the State of the assigned person concerned.
(3)In this section— “Act of 2015” means the International Protection Act 2015 ; “arrangement” means— (
- a)in relation to an assigned person to whom paragraph (
- a)of the definition of assigned person applies, a reciprocal arrangement (whether in the form of a memorandum of understanding or otherwise) or reciprocal agreement that is entered into by the Government with another state, or (
- b)in relation to an assigned person to whom paragraph (
- b)of the definition of assigned person applies, an arrangement (whether in the form of a memorandum of understanding or otherwise) or agreement that is entered into by the Government with an international organisation, community or body; “assigned person” means— (
- a)a person who is assigned, by a government of another state, to carry out official duty in the State on behalf of the government of that other state, or (
- b)a person who is assigned, by an international organisation, community or body, to carry out official duty in the State on behalf of that international organisation, community or body. Chapter 2 Purposes for which employment permits may be granted Purposes for which employment permit may be granted 9.
(1)Subject to any requirement that this Act specifies is to be satisfied in respect of the grant of an employment permit, an employment permit shall be granted in respect of a purpose specified in subsection
(2).
(2)The purposes for which an employment permit may, subject to any requirement referred to in subsection
(1), be granted are as follows: (
- a)to provide for the employment in the State of a foreign national who has skills that are required— (
- i)in enterprises in an economic sector that is of importance for either the economic or social development of the State or both, and (
- ii)in employments that are essential to the development and growth of those enterprises or that economic sector, and that are in critical short supply in the State in such enterprises and employments and the Minister is satisfied that where such enterprises are unable to recruit such appropriately skilled persons, or there is a shortage of such persons, that inability to recruit or that shortage is likely to hinder— (I) the development and growth of such enterprises, and (II) the economic development of, and the development of industry, technology and enterprise in, the State and the services which support such development, (in this Act referred to as a “critical skills employment permit”); (
- b)to provide for the employment of a foreign national who is— (
- i)a dependant, referred to in section 14
(2), of a foreign national who has, or had, been granted a critical skills employment permit, so as to encourage foreign nationals referred to in paragraph (a) to take up employment in the State, or (ii) a dependant, referred to in section 14
(3), of a research project researcher who, pursuant to Directive 2005/71/EC, has, or had, been granted the permission by the Minister for Justice to be in the State to carry out research pursuant to the Directive, so as to facilitate the carrying out of research in the State pursuant to that Directive, (in this Act referred to as a “dependant employment permit”); (
- c)where the Minister is satisfied that a person in the State has been unable to recruit an employee for a vacancy for an employment in the State, to provide for the employment of a foreign national who has the required knowledge and skills for the employment and, where appropriate, the qualifications and experience as may be required for that employment (in this Act referred to as a “general employment permit”); (
- d)to provide for a foreign national who is employed outside the State by a foreign employer to carry out duties in the State for, or participate in a training programme provided in the State by, a connected person— (
- i)in an employment that is the same, or substantially the same, as the employment in which the foreign national is employed, outside the State, by the foreign employer, or (
- ii)in an employment that requires the foreign national to participate in such training programme, where the foreign national is required, pursuant to his or her employment with the foreign employer, to carry out those duties for the connected person or participate in such training programme (in this Act referred to as an “intra-company transfer employment permit”); (
- e)to provide for a foreign national who is employed outside the State by a contractor or a subcontractor to perform duties in the State that arise out of a contract service agreement where the foreign national is required, pursuant to his or her employment with the contractor or subcontractor, to perform those duties (in this Act referred to as a “contract for service employment permit”); (
- f)to provide for the employment in the State of a foreign national— (
- i)to whom an employment permit had previously been granted but such permit is no longer in force, (
- ii)who is not in employment, or in the service of an employer, in the State, (iii) who has received permission from the Minister for Justice to be in the State for the purposes of making an application for an employment permit, and (
- iv)in respect of whom an offer of employment has been made in respect of an employment, (in this Act referred to as a “reactivation employment permit”); (
- g)to provide for the employment in the State of a foreign national to whom an exchange agreement, that is specified in regulations under section 47 , applies in an employment that is referred to in the exchange agreement or to which the exchange agreement applies (in this Act referred to as an “exchange agreement employment permit”); (
- h)to provide for the employment in the State of a foreign national who has the required knowledge and skills and, where appropriate, qualifications and experience as may be required, for the development and operation of a sporting or cultural activity in the State (in this Act referred to as a “sports and cultural employment permit”); (
- i)to provide for the employment in the State of a foreign national who is— (
- i)a full-time student, including a post-graduate student, enrolled in a course of study in a third-level institution outside the State, (
- ii)pursuing a course of study that is wholly or substantially concerned with the qualifications or skills referred to in section 49
(1)(c) and the Minister is satisfied, having regard to section 49
(1)(d), that there is a shortage of those skills or qualifications, (iii) required, for the completion of that course of study, to obtain experience in the practice of those skills or qualifications with which the course of study is concerned for a period not exceeding the period prescribed, in accordance with subsection
(3), in an employment that requires the practice of those skills or qualifications, and (
- iv)required, at the end of the period concerned, to return to that institution outside the State to complete that course of study, (in this Act referred to as an “internship employment permit”); (
- j)to provide for the employment in the State of a foreign national who is employed by an approved seasonal employer— (
- i)in a seasonally recurrent employment specified in regulations made under subsection
(4)(a), and (ii) during a period specified in regulations made under subsection
(4)(b), (in this Act referred to as a “seasonal employment permit”).
(3)In prescribing a period for the purposes of paragraph (i) of subsection
(2), the Minister shall have regard to the requirements of third-level institutions outside the State in relation to the standard period of experience required, for the completion of courses of study referred to in that paragraph, to be obtained in the practice of the skills or qualifications with which those courses of study are concerned in employments that require the practice of those skills or qualifications.
(4)The Minister may make regulations— (a) without prejudice to the generality of section 47
(2)(b), specifying the seasonally recurrent employments for which a seasonal employment permit may be granted, and (b) specifying the period or periods in a period of 12 months during which a foreign national may be employed in the State pursuant to a seasonal employment permit, each such period being not less than 3 and not more than 7 months, and such employments and periods may be specified by reference to categories of seasonally recurrent employments for which a seasonal employment permit may be granted and by reference to one or more economic sectors into which they fall. Chapter 3 Approved seasonal employer Application for approval as approved seasonal employer 10.
(1)A person who wishes to employ a foreign national under a seasonal employment permit shall apply each year for approval as an approved seasonal employer in accordance with regulations under sections 47 and 50 .
(2)In considering an application made under subsection
(1), the Minister shall have regard to— (
- a)the extent to which a decision to approve the person as an approved seasonal employer would be consistent with economic policy for the time being of the Government, (
- b)such of the matters referred to in this section as are relevant to the application, (
- c)if any of the provisions of section 11 fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and (
- d)the purpose of a seasonal employment permit.
(3)Section 18
(2),
(3)(a) and
(6)shall, subject to the modifications specified in subsection
(4), apply to the approval of, or the refusal to approve, a person as an approved seasonal employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.
(4)The modifications mentioned in subsection
(3)are— (a) construing the references to an application for an employment permit as references to an application under subsection
(1), and (b) any other necessary modifications.
(5)Subject to section 11 , the Minister may, on consideration of an application made under subsection
(1), approve a person as an approved seasonal employer for a 12 month period (in this section referred to as an “approved seasonal employer”).
(6)Where the Minister approves a person under subsection
(5), a certificate of approval as an approved seasonal employer (in this section referred to as an “approved seasonal employer certificate”) shall be issued to the person concerned.
(7)An approved seasonal employer certificate shall specify the following information: (
- a)the 12 month period for which the person concerned is approved as an approved seasonal employer; (
- b)the name of the person concerned; (
- c)any other information that, in the opinion of the Minister, is appropriate.
(8)Subsection
(7)is in addition to any other provision of this Act, or any provision of regulations under section 50
(7), specifying matters or information to be included in an approved seasonal employer certificate.
(9)An approved seasonal employer certificate may be issued under subsection
(6)in electronic form and by such electronic means as may be provided for in regulations made under section 50
(17).
(10)The Minister shall maintain a register of approved seasonal employers and shall publish the register in such manner as he or she considers appropriate. Refusal to approve person as approved seasonal employer 11.
(1)Section 32
(2)(a) and
(7)and section 33
(1)(a), (c), (d), (f), (g), (h), (m) and (p) and
(7)shall, subject to the modifications specified in subsection
(2), apply to the refusal to approve a change of employer under section 10 as they apply to the refusal to grant an employment permit.
(2)The modifications mentioned in subsection
(1)are— (a) in section 32
(2)(a), construing the reference to the person who has made the offer of employment as the person who has made an application under section 10 , (b) in section 32
(7), the omission of the reference to that section being subject to sections 44
(5)and 45
(5), (
- c)in section 33 — (
- i)in subsection
(1)(a), construing the reference to the applicant for the permit as a reference to the person applying under section 10 , (ii) in subsection
(1)(c), construing the reference to the foreign national or the person who made the offer of employment as a reference to the person applying under section 10 , (iii) in subsection
(1)(m), construing the reference to the remuneration to be paid to the foreign national concerned as a reference to the remuneration proposed to be paid to foreign nationals under a seasonal employment permit by the person applying under section 10 , (iv) in subsection
(1)(p), construing the reference to the person identified in the application in accordance with section 12
(6), or as the case may be, the connected person, as a reference to the person applying under section 10 , and (v) in subsection
(7), construing the reference to the person identified in the application in accordance with section 12
(6)as a reference to the person applying under section 10 , (
- d)construing the references to the grant of an employment permit as references to the approval of a person as an approved seasonal employer under section 10 , (
- e)construing the references to the application or the application for the permit as a reference to the application under section 10 , and (
- f)any other necessary modifications.
(3)The Minister may refuse to approve a person as an approved seasonal employer where— (a) the application relates to a proposed employment that is not a seasonally recurrent employment specified in regulations made under section 9
(4), (b) the Minister is satisfied that the person has failed to comply with regulations made under section 47
(8)(
- c)on a previous occasion, (
- c)the person has not made appropriate arrangements— (
- i)to provide accommodation for the foreign nationals proposed to be employed by the person under a seasonal employment permit, or (
- ii)to provide appropriate health insurance in respect of the foreign nationals proposed to be employed by the person under a seasonal employment permit should they require medical treatment for illness or injury during the period for which they will be in the State pursuant to the employment permit, or (
- d)the person had— (
- i)fewer than such number of employees as may be prescribed, (
- ii)less than such turnover as may be prescribed, or (iii) less than such balance sheet total as may be prescribed, in the financial year immediately preceding the year in which the application under section 10
(1)is made.
(4)Where the Minister refuses to approve a person as an approved seasonal employer, the Minister shall notify, in writing, the applicant of— (
- a)the decision, (
- b)the reasons for it, and (
- c)the fact that the applicant may, in accordance with regulations under section 50
(9), submit the decision to the Minister for review under subsection
(5)within the period referred to in section 35
(2)as applied by subsection
(6).
(5)A decision of the Minister to refuse to approve a person as an approved seasonal employer may, in accordance with regulations under section 50
(14), be submitted by the applicant therefor to the Minister for review.
(6)Section 35
(2)to
(8)shall, subject to the modifications specified in subsection
(7), apply to a review under subsection
(5)as they apply to a review under section 35
(1).
(7)The modifications mentioned in subsection
(6)are— (a) in section 35
(2), construing the reference to a submission under subsection
(1)of that section as a reference to a submission under subsection
(5), (b) in section 35
(3)— (
- i)construing the reference to the application for the employment permit as a reference to the application for approval as an approved seasonal employer, and (
- ii)construing the reference to subsections
(1)and
(2)of that section as a reference to subsection
(5)and section 35
(2)(as applied by this section), (c) construing the references to a decision referred to in subsection
(1)or
(3)of section 35 as references to a decision referred to in subsection
(5), (
- d)construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a person as an approved seasonal employer, (
- e)construing the references to section 34 as references to subsection
(4), and (f) any other necessary modifications.
(8)This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a person as an approved seasonal employer under section 10 .
(9)In this section— “balance sheet total”, in relation to a person, means the aggregate of the amounts shown as assets in the person’s balance sheet; “financial year” means the period of 12 months beginning on 1 January and ending on 31 December; “turnover”, in relation to a person, means the amounts of revenue derived from the provision of goods and services falling within the person’s ordinary activities, after deduction of— (
- a)trade discounts, (
- b)value-added tax, and (
- c)any other taxes based on the amounts so derived, and, in the case of a person whose ordinary activities include the making or holding of investments, includes the gross revenue derived from such activities. Chapter 4 Application for employment permit Application for employment permit 12.
(1)Subject to subsections
(2)and
(4)and section 31
(1), an application for the grant of an employment permit in respect of the employment in the State of a foreign national may be made by— (a) the person proposing to employ the foreign national, or (b) the foreign national.
(2)Subject to subsections
(4)and
(5)— (
- a)where the application is made in respect of an intra-company transfer employment permit, the application shall be made by the connected person concerned, (
- b)where the application is made in respect of a contract for service employment permit, the application shall be made by— (
- i)the contractor, or (
- ii)where the foreign national concerned is employed by a subcontractor, the subcontractor, (
- c)where the application is made in respect of a foreign national who is employed under a contract of employment referred to in paragraph (
- b)of the definition of “contract of employment”, the application shall be made by the employment agency with whom the foreign national has entered into that contract of employment, or (
- d)where the application is made in respect of a seasonal employment permit, the application shall be made by the person proposing to employ the foreign national who is, at the time of the making of the application, an approved seasonal employer.
(3)An application shall, irrespective of who the applicant is, be expressed to be an application for the grant under section 19 of an employment permit to the foreign national proposed to be employed in the State pursuant to the permit (in this Act referred to as the “foreign national concerned”).
(4)Subject to section 23 , an application under this section, other than an application referred to in subsection
(5), shall not be made unless an offer of employment in the State has been made in writing to a foreign national within such period, preceding the application, as may be prescribed.
(5)An application— (a) in respect of an intra-company transfer employment permit, shall not be made unless the application is accompanied by confirmation in writing that the foreign national concerned is required, pursuant to his or her employment with a foreign employer, to carry out duties in the State for, or participate in a training programme provided in the State by, a connected person in an employment referred to in section 9
(2)(d)(
- i)or (ii), and (
- b)in respect of a contract for service employment permit, shall not be made unless the application is accompanied by confirmation in writing that the foreign national concerned is required, pursuant to his or her employment with the contractor or subcontractor concerned, to perform duties in the State that arise out of a contract service agreement.
(6)When making an application for the grant of an employment permit, the person making the application shall identify the person who, in the event an employment permit is granted in respect of the application, is or will be the employer of the foreign national concerned in relation to the employment in respect of which the application is made.
(7)When making an application for the grant of an employment permit, the person making the application shall specify the purpose, referred to in section 9
(2), in respect of which the application is made.
(8)An application in respect of a critical skills employment permit shall not be made unless the duration of the employment in respect of which the application is made is for a period not less than the period prescribed in respect of that employment for the purposes of this subsection.
(9)An application in respect of an intra-company transfer employment permit or a contract for service employment permit shall not be made in respect of a foreign national who is employed under a contract of employment referred to in paragraph (b) of the definition of “contract of employment”.
(10)An application shall not be made for the grant of an employment permit in respect of an employment where, in the 6 months preceding the day on which the application is made— (
- a)a person was employed in the employment that is the subject of the application, and (
- b)that person was dismissed by reason of redundancy from that employment within that period of 6 months.
(11)An application for an employment permit shall be in writing and, subject to subsection
(12), be accompanied by such fee (if any) as may be prescribed.
(12)(a) The fee referred to in subsection
(11)shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b). (
- b)The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for an application shall not be payable. Application – information to be provided 13. An application for an employment permit shall— (
- a)provide a full and accurate description of the employment in respect of which the application is made (the “employment concerned”) and the terms and conditions, including the hours of work in each week, and the duration, of the employment concerned, (
- b)provide information in respect of the qualifications, skills, knowledge and experience that are required for the employment concerned, (
- c)provide information and, where required, any relevant documents, in respect of the qualifications, skills, knowledge or experience of the foreign national concerned, (
- d)specify the place at or in which the employment concerned is to be carried out and, where the employment concerned is to be carried out in more than one place, specify each such place, (
- e)specify the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment concerned, (
- f)in respect of the foreign national concerned— (
- i)specify whether or not he or she has sought permission to land or be in the State on a previous occasion or has been in the State on a previous occasion without permission to land or be in the State, (
- ii)where he or she is in the State at the time of the application, provide information and documents, where required by regulations made under section 50
(2)(c), relating to the permission granted to him or her to be in the State, (iii) where he or she is in employment in the State at the time of the application, provide information and documents, where required by regulations made under section 50
(2)(c), relating to the permission granted to him or her to be in such employment, and (iv) provide information as to whether he or she was, at any time prior to the application, in employment in the State and, where required by regulations made under section 50
(2)(c), provide any information and documents relating to the permission granted to him or her to be in such employment, or, as the case may be, an employment permit granted in respect of that employment, (
- g)provide such other information, documents and evidence to verify such information and documents— (
- i)as may be prescribed, or (
- ii)that the Minister may request and that, in the Minister’s opinion, might materially assist in the making of a decision on the application, (
- h)without prejudice to the generality of paragraph (g), provide information, documents and evidence concerning the offer of employment referred to in section 12
(4)or the requirement referred to in section 12
(5)(
- a)or (b), (
- i)provide information, documents and evidence in respect of the requirement under section 12
(10)in relation to— (i) the employment, in the period referred to in section 12
(10), of any person in the employment that is the subject of the application, and (
- ii)confirmation that such person was not, within such period, dismissed by reason of redundancy from that employment, (
- j)where, pursuant to regulations made under section 47
(12)(a), accommodation, training or expenses are required to be provided to the foreign national concerned in the event that an employment permit is granted, provide information, documents and evidence in relation to arrangements made in respect of the provision of such accommodation or training to the foreign national concerned, (k) where the person identified in the application in accordance with section 12
(6)is to be required, in the event that an employment permit is granted to the foreign national concerned, to take measures specified in regulations made under section 47
(12)(b), provide information, documents and evidence in relation to the arrangements that will be made by that person in respect of the taking of such measures, (l) in respect of the person identified in the application in accordance with section 12
(6)or a connected person— (
- i)specify whether or not the person is, or was previously, the employer of a foreign national to whom an employment permit has been granted on a previous occasion, or is, or was previously, a connected person in relation to such a foreign national, and (
- ii)where the person is, or was previously, the employer of a foreign national to whom an employment permit has been granted on a previous occasion, or is, or was previously, a connected person in relation to such a foreign national, provide information, documents and evidence in relation to compliance by that person with any conditions attaching to that employment permit, and (
- m)in respect of the foreign national concerned— (
- i)specify whether or not he or she has been granted an employment permit on a previous occasion, (
- ii)where he or she has been granted an employment permit on a previous occasion, provide information and documents relating to that employment permit and the employment in respect of which it was granted, and (iii) where such an employment permit is still in force, provide confirmation in writing from the foreign national concerned that the employment in respect of which that permit was granted will be terminated upon the grant of an employment permit in respect of the application concerned. Foreign nationals who may apply for dependant employment permit 14.
(1)An application for a dependant employment permit may be made under section 12 in respect of a foreign national referred to in subsection
(2)or
(3).
(2)A dependant employment permit may, subject to this Act, be granted, in accordance with section 19 , to a foreign national who is— (
- a)a dependant of a primary permit holder where, at the time the application for the employment permit is made— (
- i)the employment permit granted to the primary permit holder is in force, and (
- ii)that primary permit holder is in the employment specified in that employment permit, or (
- b)a dependant of a primary permit holder where, at the time the application for the employment permit is made, the employment permit granted to the primary permit holder has expired and the primary permit holder is in employment in the State pursuant to the permission and the condition referred to in section 8
(1)(
- f)and such dependant— (
- i)has obtained permission to land, and reside, in the State by virtue of being the dependant of a primary permit holder referred to in this paragraph or paragraph (a), and (
- ii)is in the State pursuant to, and in compliance with, the permission referred to in subparagraph (
- i)at the time the application for the employment permit is made.
(3)A dependant employment permit may, subject to this Act, be granted, in accordance with section 19 , to a foreign national who is— (
- a)a dependant of a research project researcher where, at the time the application for the employment permit is made— (
- i)the permission granted, pursuant to Directive 2005/71/EC, to the research project researcher by the Minister for Justice to carry out research in the State has not expired, and (
- ii)the research project researcher is carrying out research pursuant to Directive 2005/71/EC, or (
- b)a dependant of a research project researcher where, at the time the application for the employment permit is made, the research project researcher is in employment in the State pursuant to the permission and the condition referred to in section 8
(1)(
- f)and such dependant— (
- i)has obtained permission to land, and reside, in the State by virtue of being the dependant of the research project researcher referred to in this paragraph or paragraph (a), and (
- ii)is in the State pursuant to, and in compliance with, the permission referred to in subparagraph (
- i)at the time the application for the employment permit is made. Amendment by Minister of application 15.
(1)The Minister may, at the request of an applicant, amend, in accordance with regulations made under subsection
(2), such of the matters specified in an application as are prescribed in those regulations.
(2)The Minister may make regulations— (a) prescribing the matters specified in an application that may be amended under subsection
(1), and (b) the procedure relating to the making of any such amendment to an application. Recommendation by enterprise development agency 16.
(1)An enterprise development agency may make a recommendation in writing to the Minister in respect of an application for— (
- a)the grant of an employment permit, or (
- b)the renewal of an employment permit referred to in section 39
(4), that the employment permit that is the subject of the application be granted or renewed, as the case may be, in respect of the employment concerned and to the foreign national concerned.
(2)The Minister shall have regard to a recommendation referred to in subsection
(1).
(3)Nothing in subsection
(2)shall be construed as requiring the Minister to grant or renew an employment permit on foot of a recommendation referred to in subsection
(1). Consultation by Minister in respect of certain applications 17. The Minister may, in respect of an application for a sports and cultural employment permit, consult with any person who, the Minister is satisfied, has knowledge of or expertise in the sport or cultural activity concerned. Consideration by Minister of application 18.
(1)In considering an application for an employment permit, the Minister shall, subject to subsection
(3), have regard to— (
- a)the extent to which a decision to grant the permit would be consistent with economic policy for the time being of the Government, (
- b)whether the knowledge and skills and, where appropriate, the qualifications and experience referred to in section 13 (
- b)are required for, or relevant to, the employment concerned, (
- c)such of the other matters referred to in section 12 or 13 as are relevant to the application, (
- d)if any of the provisions of section 32 or 33 fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and (
- e)the different purposes, specified in section 9
(2), for which an employment permit may be granted.
(2)In considering an application for an employment permit, the Minister may take such steps as he or she considers necessary to establish the accuracy or authenticity of the information provided in respect of the application.
(3)Where the Minister is of the opinion that the application is incomplete in any material respect, the Minister may return the application, together with any documentation received, to the applicant, and where the Minister does so, he or she shall— (
- a)notify the applicant in writing of the matters that are incomplete and that the application will not be considered, and (
- b)return a prescribed portion of the fee to the person who paid the fee or a person referred to in subsection
(4).
(4)The person who paid the fee referred to in subsection
(3)(b) may nominate a person to whom the portion of the fee is to be returned to in the case where such fee is to be returned.
(5)The Minister may give priority to the consideration of applications for employment permits in respect of such of the purposes referred to in section 9
(2)as he or she deems appropriate having regard to the demands of the economy and the skills required in certain economic sectors or employments in the State.
(6)This section is subject to any regulations made under section 47 or 50 that apply in relation to the application concerned and nothing in this section authorises the Minister to make a decision on an application for a grant of an employment permit that he or she would not be authorised to make by reason of the operation of those regulations. Chapter 5 Grant of employment permit Grant of employment permit by Minister 19.
(1)Subject to sections 9 , 10 , 22 , 23 , 31 , 32 , 33 , 44 , 45 and 47 , the Minister may, on consideration of an application made to him or her, grant an employment permit.
(2)Subject to sections 27 , 29 and 31 , an employment permit granted under subsection
(1)shall be granted to the foreign national concerned and shall, other than in a case referred to in subsection
(3), operate to permit the employment in the State of the foreign national concerned— (
- a)in the employment specified in the application, and (
- b)by the person identified in the application in accordance with section 12
(6)as the employer of the foreign national in relation to that employment.
(3)In the case of an application for an intra-company transfer employment permit, an employment permit granted under subsection
(1)shall operate to permit the employment in the State of the foreign national concerned in the employment specified in the application in respect of which that foreign national is to carry out duties for, or participate in a training programme provided by, the connected person specified in that application.
(4)An employment permit shall specify the period for which the foreign national concerned may be employed in the State pursuant to the permit and the permit shall, subject to the provisions of this Act, remain in force for that period.
(5)An intra-company transfer employment permit shall specify the period for which the foreign national concerned may carry out duties for, or participate in a training programme provided by, the connected person, pursuant to the permit and the permit shall, subject to the provisions of this Act, remain in force for that period accordingly.
(6)The period that shall be specified in the employment permit shall, subject to subsections
(7)and
(8)and section 31 , not exceed a prescribed period beginning on the date of the grant of the permit or, where a different date is specified in such permit as the date on which it is to come into force, that date.
(7)The period that shall be specified in a dependant employment permit shall be the lesser of— (a) the period referred to in subsection
(6), or (
- b)the period beginning on the date of the grant of the permit or, where a different date is specified in such permit as the date on which it is to come into force, that date and ending on the date of the expiry of— (
- i)the employment permit granted to the primary permit holder referred to in section 14
(2)(a), (ii) the permission, referred to in section 14
(2)(b), given to the primary permit holder referred to in section 14
(2)(b), (iii) the permission referred to in section 14
(3)(a), given to the research project researcher referred to in section 14
(3)(a), or (iv) the permission referred to in section 14
(3)(b), given to the research project researcher referred to in section 14
(3)(b).
(8)The period that shall be specified in— (a) an intra-company transfer employment permit in respect of an employment referred to in section 9
(2)(d)(
- ii)shall not exceed the period prescribed for the purposes of this paragraph, (
- b)an internship employment permit shall not exceed the period prescribed for the purposes of section 9
(2)(i), and (c) a seasonal employment permit shall not exceed the period referred to in section 9
(2)(j)(ii).
(9)A foreign national to whom an employment permit is granted shall commence the employment in respect of which the permit is granted within a prescribed period beginning on the date of the grant of the permit or, where a different date is specified in such permit as the date on which it is to come into force, that date. Cancellation of previous employment permit still in force 20.
(1)Where the Minister decides to grant an employment permit in respect of a foreign national, the Minister shall cancel any employment permit previously granted in respect of the foreign national concerned that is, on the date of the decision, still in force.
(2)Where an employment permit in respect of a foreign national is cancelled in accordance with subsection
(1), the Minister shall notify in writing— (
- a)the foreign national, and (
- b)the employer specified in the employment permit, that the employment permit is cancelled with effect from the date specified therein and will cease to be in force from that date. Issue of employment permit, information to be specified in permit, etc. 21.
(1)The Minister shall, subject to subsection
(5), cause an employment permit granted under section 19 to be issued to— (
- a)the foreign national concerned, and (
- b)the person referred to in section 19
(2)(b) or section 19
(3), as the case may be.
(2)An employment permit shall specify the following information: (a) the purpose referred to in section 9
(2)for which the permit is granted; (
- b)a description of the employment in respect of which the permit has been granted and a statement of the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment; (
- c)the name of the employer of the foreign national concerned in relation to the employment in respect of which the permit has been granted; (
- d)a statement of the requirement under the National Minimum Wage Act 2000 that the foreign national concerned be paid the national minimum hourly rate of pay and the effect of subsections
(1),
(2),
(3)and
(4)of section 55 ; (
- e)a statement that a new application for the grant of an employment permit may be made in respect of the foreign national concerned subject to, and in accordance with, this Act; (
- f)a statement of any conditions attaching to the grant of the employment permit; (
- g)any other information that, in the opinion of the Minister, is appropriate.
(3)An employment permit shall include or be accompanied by a summary of the principal employment rights of an employee.
(4)Subsections
(2)and
(3)are in addition to any other provision of this Act, or any provision of regulations under section 50
(2), specifying matters or information to be included in an employment permit.
(5)An employment permit shall not be issued under subsection
(1)in respect of a foreign national to whom an employment permit was previously granted unless the employment permit previously granted— (a) is no longer in force, or (b) is cancelled in accordance with section 20
(1)and the date specified in the notice referred to in section 20
(2)has passed.
(6)An employment permit may be issued under this section in electronic form and by such electronic means as may be provided for in regulations made under section 50
(17). Restriction on grant of employment permit 22.
(1)Subject to subsections
(2)and
(3), an employment permit shall not be granted unless the Minister is satisfied that, on the date the application for the employment permit was made, 50 per cent or more of the employees of— (
- a)the person who has made the offer of employment, (
- b)in the case of an application for a contract for service employment permit, the contractor, subcontractor or the relevant person concerned, or (
- c)in the case of an application for an intra-company transfer employment permit, the connected person concerned, are either— (
- i)nationals of one or more Member States of the EEA, (
- ii)nationals of the Swiss Confederation, (iii) citizens of the United Kingdom of Great Britain and Northern Ireland, or (
- iv)a combination of any of the nationals or citizens referred to in paragraphs (i), (
- ii)and (iii).
(2)In the case of an application for a critical skills employment permit, a general employment permit or an intra-company transfer employment permit, subsection
(1)shall not apply to such application where— (
- a)on the day on which the application is made, the person who has made the offer of employment or, as the case may be, the connected person has been registered with the Revenue Commissioners for a prescribed period, (
- b)an enterprise development agency has made a recommendation referred to in section 16 in respect of that application, and (
- c)the Minister is satisfied that, having regard to such recommendation, granting the employment permit that is the subject of the application concerned, will contribute to the further development of employment in the State.
(3)In the case of an application for a dependant employment permit, a general employment permit, a reactivation employment permit or a sports and cultural employment permit, subsection
(1)shall not apply to such application where— (a) on the day on which the application is made, the person referred to in subsection
(1)(
- a)has no employees, and (
- b)the foreign national concerned will be the sole employee of the person referred to in subsection
(1)(
- a)on the date on which the employment that is the subject of the application is to commence, and the person making the application shall, in addition to any information required under section 13 , or as may be specified in regulations under section 50 , in respect of an application, provide the Minister with any information and documents the Minister may require to be satisfied with regard to the matters specified in paragraphs (
- a)and (b).
(4)This section and section 23 are in addition to— (
- a)in respect of section 23 , Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 20112 on freedom of movement for workers within the Union, and (
- b)the other requirements that this Act specifies must be satisfied with respect to the grant of an employment permit and are without prejudice to any regulations for the time being in force under section 47 . Establishing need for grant of certain employment permits 23.
(1)This section applies to an application for a general employment permit, seasonal employment permit and a contract for service employment permit.
(2)Subject to subsections
(6)and
(7), the Minister shall not grant an employment permit in respect of an application to which this section applies unless the Minister is satisfied that— (a) before the application was made, a notice referred to in subsection
(3)in respect of the employment the subject of the application had been published in accordance with this section, and (b) the application was made within the period referred to in subsection
(5).
(3)Where an application to which this section applies is made— (
- a)the person who makes the offer of employment concerned, or (
- b)in the case of an application for a contract for service employment permit, the contractor or where the application is made by a subcontractor, the subcontractor, concerned, shall satisfy the Minister that he or she has, before making the application, offered the employment in respect of which the application is made to— (
- i)an Irish citizen, or (
- ii)a foreign national referred to in any of paragraphs (
- a)to (
- g)of section 8
(1), by causing a notice of the offer of the employment concerned to be published in accordance with subsection
(4).
(4)The person referred to in subsection
(3)(a) or, as the case may be, the contractor or subcontractor referred to in subsection
(3)(b)— (a) shall cause the notice referred to in subsection
(3)to be published— (i) on one or more online platforms, as may be specified in regulations under this section, the principal purpose of which is to publish offers of employments to Irish citizens and foreign nationals referred to in subsection
(3)(ii), and (
- ii)on one or more online platforms, other than that referred to in subparagraph (i), as may be specified in regulations under this section, the principal purpose of which is to publish offers of employment, (
- b)shall, in respect of the publication of the notice referred to in subsection
(3)on an online platform referred to in paragraph (a)(i), place that notice for publication with one or more persons, as may be specified in regulations under this section, (c) shall publish the notice referred to in subsection
(3)in accordance with paragraph (
- a)for a period that is not less than the period, as may be specified in regulations under this section, for which the notice is to be published, and (
- d)may, in addition to the publication under paragraphs (a), (
- b)and (c), publish the notice in such other manner as may be specified in regulations under this section.
(5)Where, following the publication of the notice referred to in subsection
(3), an application to which this section applies is made under section 12 , that application shall be made within a prescribed period from the day on which that notice was first published on an online platform referred to in subsection
(4)(a).
(6)Subsection
(2)shall not apply to an application to which this section applies where— (
- a)an enterprise development agency has made a recommendation referred to in section 16 in respect of the application, and (
- b)the Minister is satisfied that, having had regard to such recommendation, granting the employment permit the subject of the application will contribute to the further development of employment in the State.
(7)Subsection
(2)shall not apply to an application to which this section applies where— (a) the Minister is satisfied that, having regard to section 49
(1)(d), there is a shortage of the skills referred to in section 49
(1)(d) required for that employment and the Minister has, in regulations made under section 47
(20), specified the employment as an employment to which subsection
(2)shall not apply, (b) the application is made in respect of a foreign national to whom section 45 applies and is an application referred to in section 45
(4), or (
- c)the application is made in respect of an employment for the care of a person with exceptional medical needs and the Minister is satisfied that— (
- i)the foreign national, in respect of whom the application is made, has been providing care to the person before the application was made, (
- ii)the person has developed a high level of dependence on that foreign national, (iii) the employment is not an employment to which regulations under section 47
(2)(
- c)apply, and (
- iv)having regard to the circumstances of the person and the foreign national concerned, it is not appropriate to publish a notice of the offer of that employment.
(8)The Minister may, without prejudice to the generality of section 50
(1), make regulations under this subsection for the publication of the notice referred to in subsection
(3), to provide for— (a) one or more persons with whom such notice shall be placed for publication on an online platform referred to in subsection
(4)(a)(
- i)or (
- ii)where such person or persons own or operate the online platform or publish notices on such online platform, (
- b)one or more online platforms, referred to in subsection
(4)(a)(
- i)or (
- ii)on which such notice is to be published, (
- c)the duration of the period, referred to in subsection
(4)(c) for which such notice shall be published on an online platform referred to in subsection
(4)(a)(i) or (ii), which the Minister considers to be sufficient to afford an opportunity to Irish citizens and the foreign nationals referred to in subsection
(3)to apply for the employment concerned, (d) the publication referred to in subsection
(4)(d) of such notice, including the period for the publication of such notice, and different provision may be made for different classes of publication for any such notice including publication by electronic means and different provision may be made for such publication of the offer of employment to citizens and foreign nationals referred to in subsection
(3)(ii), (e) the form, procedure for and the manner in which the publication of the offer of employment, referred to in subsection
(2), to Irish citizens and foreign nationals referred to in subsection
(3)is to be made, (f) the period within which an application to which this section applies shall be made after the day the notice referred to in subsection
(3)is first published on an online platform referred to in subsection
(4)(a)(i), (g) information and documents as the Minister may require to satisfy himself or herself that the notice was published in accordance with this section and the application was made within the period referred to in subsection
(5)and without prejudice to the generality of the foregoing such information and documents may include— (
- i)information and documents demonstrating that the notice was placed with the persons specified by the Minister in regulations under that section, and (
- ii)documents identifying that the notice was published on the online platform as required under this section, and (
- h)such evidence that the Minister may reasonably require in order to verify any information or documents to be furnished to the Minister pursuant to this section.
(9)The person who makes the offer of employment, or as the case may be, the contractor or subcontractor concerned shall not publish a notice referred to in subsection
(3)unless the employment is specified in regulations under this Act as being an employment for which an employment permit may be granted.
(10)The Minister may make enquiries to satisfy himself or herself that the person referred to in subsection
(3)(
- a)or (
- b)has complied with subsection
(3).
(11)Section 22
(4)applies to this section.
(12)In this section, “online platform” means an electronic system for the online publication of information and includes websites, software or any other electronic technology that provides for the online publication of information. Conditions of grant of intra-company transfer employment permit 24.
(1)Where an intra-company transfer employment permit is granted to a foreign national, without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national— (
- a)notwithstanding that the remuneration, in so far as it relates to salary is to be paid by the foreign employer, it shall be a condition of the grant of the employment permit that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the foreign employer for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, (
- b)in respect of the payment of the remuneration to the foreign national in so far as it relates to— (
- i)board and accommodation, or either of them, the payment may be made by the foreign employer and the connected person or by either of them, and (
- ii)health insurance, the payment may be made by the foreign employer and the connected person or by either of them, and (
- c)it shall be a condition of the grant of the permit that the statement of earnings provided by the foreign employer to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify— (
- i)the amount of the additional payment referred to in subsection
(4)(b), (ii) the total amount referred to in subsection
(4)(c), and (iii) the amount of the deductions referred to in subsection
(4)(d).
(2)Where— (
- a)in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an intra company transfer employment permit is made, and (
- b)in respect of the condition referred to in subsection
(1)(a), the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than the national minimum hourly rate of pay, the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay.
(3)Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an intra-company transfer employment permit is made and the condition referred to in subsection
(1)(a)— (
- a)the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, and (
- b)the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than that hourly rate of pay, the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”.
(4)Without prejudice to section 13 , the connected person shall, when making an application pursuant to section 12
(2)(a), provide, in addition to the information required under section 13 (e), information and documents, including any information and documents as may be specified in regulations under section 50 , in respect of— (
- a)the amount of the salary that is paid, on the day the application is made, by the foreign employer to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 50 , (
- b)where, having regard to the amount of salary referred to in paragraph (
- a)and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than— (
- i)the national minimum hourly rate of pay and an additional payment referred to in subsection
(2)is to be made, or (ii) where appropriate, an hourly rate referred to in subsection
(3), and an additional payment referred to in subsection
(3)is to be made, the amount of the additional payment to be made by the foreign employer to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 50 , (
- c)the total amount of the amounts referred to in paragraphs (
- a)and (
- b)in such form as may be specified in regulations under section 50 , (
- d)all deductions to be made by the foreign employer to— (
- i)the amount referred to in paragraph (a), and (
- ii)where an additional payment referred to in paragraph (
- b)is required to be made, the amount of that additional payment, referred to in paragraph (b), (
- e)the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (
- d)have been made, in such form as may be specified in regulations under section 50 , (
- f)the payment of board and accommodation, or either of them, and where either or both are provided directly by the connected person or the foreign employer, or both of them, the monetary value of the board and accommodation, or, as the case may be, either of them, and (
- g)the arrangements for making the additional payment referred to in paragraph (b)(
- i)or (b)(ii).
(5)A foreign national referred to in section 9
(2)(d) shall be employed by the foreign employer concerned for a period that is not less than the minimum period of employment specified in regulations made under section 47 before an application for an employment permit may be made in respect of him or her. Conditions of grant of contract for service employment permit 25.
(1)Where a contract for service employment permit is granted to a foreign national, without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national— (
- a)notwithstanding that the remuneration in so far as it relates to salary, is paid to the foreign national outside the State, it shall be a condition of the grant the employment permit that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the contractor or the subcontractor, as the case may be, for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, and (
- b)it shall be a condition of the grant of the permit that the statement of earnings provided by the contractor or the subcontractor, as the case may be, to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify— (
- i)the amount of the additional payment referred to in subsection
(4)(b), (ii) the total amount referred to in subsection
(4)(c), and (iii) the amount of the deductions referred to in subsection
(4)(d).
(2)Where— (
- a)in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of a contract for service employment permit is made, and (
- b)in respect of the condition referred to in subsection
(1)(a), the hourly rate of the salary paid outside the State by the contractor or the subcontractor, as the case may be, to the foreign national is less than the national minimum hourly rate of pay, the contractor or the subcontractor, as the case may be, shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor or the subcontractor to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay.
(3)Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of a contract for service employment permit is made and the condition referred to in subsection
(1)(a)— (
- a)the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”, and (
- b)the hourly rate of the salary paid outside the State by the contractor or the subcontractor, as the case may be, to the foreign national is less than that hourly rate of pay, the contractor or the subcontractor, as the case may be, shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor or the subcontractor to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in paragraph (
- b)of the definition of “standard working week remuneration”.
(4)Without prejudice to section 13 , the contractor or the subcontractor, as the case may be, shall, when making an application pursuant to section 12
(2)(b), provide, in addition to the information required under section 13 (e), information and documents, including any information and documents as may be specified in regulations under section 50 , in respect of— (
- a)the amount of the salary that is paid, on the day the application is made, by the contractor or the subcontractor to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 50 , (
- b)where, having regard to the amount of salary referred to in paragraph (
- a)and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than— (
- i)the national minimum hourly rate of pay and an additional payment referred to in subsection
(2)is to be made, or (ii) where appropriate, the hourly rate referred to in subsection
(3), and an additional payment referred to in subsection
(3)is to be made, the amount of the additional payment to be made by the contractor or the subcontractor to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 50 , (
- c)the total amount of the amounts referred to in paragraphs (
- a)and (
- b)in such form as may be specified in regulations under section 50 , (
- d)all deductions to be made by the contractor or the subcontractor to— (
- i)the amount referred to in paragraph (a), and (
- ii)where an additional payment referred to in paragraph (
- b)is required to be made, the amount of that additional payment, referred to in paragraph (b), (
- e)the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (
- d)have been made in such form as may be specified in regulations under section 50 , (
- f)the payment of board and accommodation, or either of them, and where either or both are provided directly by the contractor or, as the case may be, the subcontractor, the monetary value of the board and accommodation, or as the case may be, either of them, and (
- g)the arrangements for making the additional payment referred to in paragraph (b)(
- i)or (b)(ii).
(5)A foreign national referred to in section 9
(2)(
- e)shall be employed by the contractor or the subcontractor concerned for a period that is not less than the minimum period of employment specified in regulations made under section 47 before an application for an employment permit may be made in respect of him or her. Change of ownership of business: change to name of employer, connected person or relevant person 26. Where, in the case of a transfer to which the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 ) applies that takes effect during the period for which an employment permit is in force, and pursuant to that transfer, there is— (
- a)a change to the name of the employer or, as the case may be, the connected person, specified in the employment permit— (
- i)the employer or, as the case may be, the connected person, shall notify the Minister of that change of name, and (
- ii)the Minister may amend the employment permit to reflect that change of name of the employer or, as the case may be, the connected person and may request such information and documents, as may be specified in regulations under section 50 in respect of such change of name, or (
- b)a change to the name of the relevant person— (
- i)the contractor or the subcontractor, or, as the case may be, shall notify the Minister of that change of name, and (
- ii)the Minister may amend the employment permit to reflect that change of name of the relevant person and may request such information and documents, as may be specified in regulations under section 50 , in respect of such change of name. Change of employer: application and approval of change 27.
(1)This section applies where— (
- a)a general employment permit or a critical skills employment permit has been granted to a foreign national, (
- b)a prescribed period has elapsed since the foreign national first commenced employment in the State pursuant to an employment permit, and (
- c)the permit referred to in paragraph (
- a)is in force and will remain in force for at least 2 months from the date of the making of an application under this section.
(2)An application to change the employer specified in a permit referred to in subsection
(1)(
- a)(in this section referred to as the “existing employer”) to a different employer (in this section referred to as the “new employer”) may be made by— (
- a)the new employer, or (
- b)the foreign national.
(3)An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.
(4)A person making an application under this section shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 50 in respect of a change to the employer specified in an employment permit.
(5)A person making an application under this section shall furnish to the Minister— (
- a)such information (being information of a similar nature to that referred to in section 13 ) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and (
- b)if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.
(6)The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection
(5)(a).
(7)An application under this section shall be in writing and, subject to subsection
(8), be accompanied by such fee (if any) as may be prescribed.
(8)(a) The fee referred to in subsection
(7)shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b). (b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for such application shall not be payable.
(9)Sections 18 and 22 shall, subject to the modifications specified in subsection
(10), apply to the approval of, or the refusal to approve, a change of employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.
(10)The modifications mentioned in subsection
(9)are— (
- a)in section 18 — (
- i)in subsection
(1)(c), construing the reference to section 12 or 13 as a reference to this section, and (ii) in subsection
(1)(d), construing the reference to section 32 or 33 as a reference to section 28 , (
- b)construing the references to the grant of an employment permit as references to the approval of a change of employer under this section, (
- c)construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and (
- d)any other necessary modifications.
(11)Subject to sections 9 , 22 (as applied by subsection
(9)) and 28 , the Minister may, on consideration of an application made under this section, approve a change to the employer specified in a permit referred to in subsection
(1).
(12)Where the Minister approves a change of employer under subsection
(11), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.
(13)The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.
(14)Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.
(15)Where the Minister approves a change of employer under this section— (
- a)the Minister shall amend the permit concerned to specify the name of the new employer, (
- b)the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 21
(2)(b), any statement of conditions attaching to the permit referred to in section 21
(2)(f), and any information referred to in section 21
(2)(g), and (
- c)the Minister shall, after making the amendments in paragraph (
- a)and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer. Change of employer: refusal to approve change 28.
(1)Section 32
(1),
(2)(a) and
(7)and section 33
(1)(other than paragraph (n)),
(2),
(3),
(4)and
(7)shall, subject to the modifications specified in subsection
(2), apply to the refusal to approve a change of employer under section 27 as they apply to the refusal to grant an employment permit.
(2)The modifications mentioned in subsection
(1)are— (a) in section 32
(7), the omission of the reference to that section being subject to sections 44
(5)and 45
(5), (
- b)in section 33 — (
- i)in subsection
(1)(b), construing the reference to section 12
(12)as a reference to section 27
(8), (ii) in subsection
(1)(p), construing the reference to the person identified in the application in accordance with section 12
(6), or as the case may be, the connected person, as a reference to the new employer, and (iii) in subsection
(7), construing the reference to the person identified in the application in accordance with section 12
(6)as a reference to the new employer, (
- c)construing the references to the grant of an employment permit as references to the approval of a change of employer under section 27 , (
- d)construing the references to the application for the permit or the application as a reference to the application under section 27 , and (
- e)any other necessary modifications.
(3)The Minister may refuse to approve a change of employer under section 27 if— (a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 27
(1), (
- b)the employment of the foreign national by the new employer— (
- i)in the case of a general employment permit, is not the same type of employment for which the employment permit referred to in section 27
(1)was granted, or (ii) in the case of a critical skills employment permit, does not fall within the same category of employment (being a category of employment specified in regulations under section 47 in respect of which a critical skills employment permit may be granted) as the employment for which the employment permit referred to in section 27
(1)was granted, (c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including, in the case of a general employment permit, those relating to any of the matters specified under section 47
(12)as a condition for the grant of such a permit, (
- d)the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, or (
- e)the foreign national has already made, under section 27 , the maximum number of applications specified in regulations under section 47
(5).
(4)Where the Minister refuses to approve a change of employer, the Minister shall notify, in writing, the applicant of— (
- a)the decision, (
- b)the reasons for it, and (
- c)the fact that the applicant may, in accordance with regulations under section 50
(14), submit the decision to the Minister for review under subsection
(5)within the period referred to in section 35
(2)as applied by subsection
(6).
(5)A decision of the Minister to refuse to approve a change of employer may, in accordance with regulations under section 50
(14), be submitted by the applicant therefor to the Minister for review.
(6)Section 35
(2)to
(8)shall, subject to the modifications specified in subsection
(7), apply to a review under subsection
(5)as they apply to a review under section 35
(1).
(7)The modifications mentioned in subsection
(6)are— (a) in section 35
(2), construing the reference to a submission under subsection
(1)of that section as a reference to a submission under subsection
(5), (b) in section 35
(3)— (
- i)construing the reference to the application for the employment permit as a reference to the application under section 27 , and (
- ii)construing the reference to subsections
(1)and
(2)of that section as a reference to subsection
(5)and section 35
(2)(as applied by this section), (c) construing the references to a decision referred to in subsection
(1)or
(3)of section 35 as references to a decision referred to in subsection
(5), (
- d)construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a change of employer under section 27 , (
- e)construing the references to section 34 as references to subsection
(4), and (f) any other necessary modifications.
(8)This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a change of employer under section 27 .
(9)In this section— “existing employer” has the meaning assigned to it by section 27
(2); “new employer” has the meaning assigned to it by section 27
(2). Change of approved seasonal employer: application and approval of change 29.
(1)This section applies where— (
- a)a seasonal employment permit has been granted to a foreign national, and (
- b)that permit is in force and will remain in force for at least 3 weeks from the date of the making of an application under this section.
(2)An application to change the employer specified in a permit referred to in subsection
(1)(in this section referred to as the “existing employer”) to a different employer, being an approved seasonal employer, (in this section referred to as the “new employer”) may be made by a foreign national.
(3)An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.
(4)The foreign national shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 50 in respect of a change to the employer specified in a seasonal employment permit.
(5)The foreign national shall furnish to the Minister— (
- a)such information (being information of a similar nature to that referred to in section 13 ) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and (
- b)if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the foreign national has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.
(6)The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection
(5)(a).
(7)An application under this section shall be in writing.
(8)Sections 18 and 22 shall, subject to the modifications specified in subsection
(9), apply to an application to change employer under this section as they apply to an application to grant an employment permit.
(9)The modifications mentioned in subsection
(8)are— (
- a)in section 18 — (
- i)the omission of subsections
(1)(b),
(3)(b) and
(4), (ii) in subsection
(1)(c), construing the reference to section 12 or 13 as a reference to this section, and (iii) in subsection
(1)(d), construing the reference to section 32 or 33 as a reference to section 30 , (
- b)construing the references to the grant of an employment permit as references to the approval of a change of employer under this section, (
- c)construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and (
- d)any other necessary modifications.
(10)Subject to sections 9
(2)(j), 22 (as applied by subsection
(8)) and 30 , the Minister may, on consideration of an application made under this section, approve a change to the approved seasonal employer specified in a permit referred to in subsection
(1)(a).
(11)Where the Minister approves a change of employer under subsection
(10), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.
(12)The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.
(13)Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.
(14)Where the Minister approves a change of employer under this section— (
- a)the Minister shall amend the permit concerned to specify the name of the new employer, (
- b)the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 21
(2)(b), any statement of conditions attaching to the permit referred to in section 21
(2)(f), and any information referred to in section 21
(2)(g), and (
- c)the Minister shall, after making the amendments in paragraph (
- a)and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer. Change of approved seasonal employer: refusal to approve change 30.
(1)Section 32
(7)and section 33
(1)(a), (c), (d), (
- f)to (
- m)and (
- p)shall, subject to the modifications specified in subsection
(2), apply to the refusal to approve a change of employer under section 29 as they apply to the refusal to grant an employment permit.
(2)The modifications mentioned in subsection
(1)are— (a) in section 32
(7), the omission of the reference to that section being subject to sections 44
(5)and 45
(5), (b) in section 33
(1)(p), construing the reference to the person identified in the application in accordance with section 12
(6), or as the case may be, the connected person, as a reference to the new employer, (
- c)construing the references to the grant of an employment permit as references to the approval of a change of employer under section 29 , (
- d)construing the references to the application for the permit or the application as a reference to the application under section 29 , and (
- e)any other necessary modifications.
(3)The Minister may refuse to approve a change of employer under section 29 if— (a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 29
(1), (b) the employment of the foreign national by the new employer is not the same type of seasonally recurrent employment for which the employment permit referred to in section 29
(1)(
- a)was granted, (
- c)the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including those relating to any of the matters specified under section 47
(12)as a condition for the grant of such a permit, (
- d)the foreign national has spent a continuous period of not less than one month outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, (
- e)the foreign national has already made, under section 29 , the maximum number of applications specified in regulations under section 47
(5), or (
- f)in the opinion of the Minister, the new employer has not made appropriate arrangements— (
- i)to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29
(1), or (ii) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29
(1).
(4)Section 28
(4)to
(8)shall, subject to any necessary modifications, apply to a refusal to approve a change of employer under this section as they apply to a refusal to approve a change of employer under section 28 .
(5)In this section— “existing employer” has the meaning assigned to it by section 29
(2); “new employer” has the meaning assigned to it by section 29
(2). Employment of non-consultant hospital doctors 31.
(1)Where an application is made for the grant or renewal of an employment permit in respect of the employment of a foreign national as a non-consultant hospital doctor— (
- a)the application shall be made by the person proposing to employ the foreign national concerned, (
- b)the period for which the foreign national concerned may be employed in the State pursuant to an employment permit granted or renewed in respect of such an application shall be a period of 2 years, and (
- c)an employment permit referred to in paragraph (
- b)shall operate to permit the employment in the State of the foreign national concerned as a non-consultant hospital doctor by— (
- i)the person who made the application, or (
- ii)any other person who has made a notification to the Minister under subsection
(2).
(2)Where, during the period for which an employment permit referred to in subsection
(1)(
- b)is in force— (
- a)the employment of the foreign national by a person referred to in subsection
(1)(c)(
- i)or (ii), for whatever reason, ceases, and (
- b)another person proposes to employ the foreign national as a non consultant hospital doctor pursuant to such employment permit, the person referred to in paragraph (
- b)shall, within such period as may be prescribed in advance of the date of commencement of the proposed employment, notify the Minister of the matters referred to in subsection
(3).
(3)A notification referred to in subsection
(2)shall specify— (
- a)the name of the person proposing to employ the foreign national, (
- b)the place at or in which the employment concerned is to be carried out, (
- c)the terms and conditions, including the hours of work in each week, and the duration, of the employment concerned, and (
- d)the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment concerned.
(4)Upon receipt of a notification referred to in subsection
(2), the Minister— (a) may request such information and documents, as may be specified in regulations under section 50 , in respect of the matters referred to in subsection
(3), (b) shall amend the particulars contained in the register in respect of the employment permit concerned to reflect the matters referred to in subsection
(3)(
- a)and (b), and (
- c)may, upon request made to him or her by the foreign national or the person who made the notification, issue to the person who made the request an amended employment permit to reflect the matters referred to in subsection
(3). Chapter 6 Refusal to grant employment permit Mandatory grounds for refusal of employment permit 32.
(1)The Minister shall refuse to grant an employment permit where he or she is satisfied that in the 6 months preceding the day on which the application was made— (
- a)a person was employed in the employment that is the subject of the application, and (
- b)that person was dismissed by reason of redundancy from that employment.
(2)The Minister shall refuse to grant an employment permit where— (
- a)the person who has made the offer of employment— (
- i)is not registered with the Revenue Commissioners, or (
- ii)in a case where the person is carrying on a business, the Minister is satisfied that such person is not engaged in substantive business operations in the State, or (
- b)in the case of an application for a contract for service employment permit— (
- i)the contractor, or (
- ii)where the foreign national concerned is employed by a subcontractor, the subcontractor, is not registered with the Revenue Commissioners.
(3)The Minister shall refuse to grant a contract for service employment permit where the Minister has reasonable grounds to believe that the foreign national concerned may not be employed by the contractor or subcontractor concerned during the period for which the employment permit is to be granted.
(4)In the case of an application for an intra-company transfer employment permit, the Minister shall, subject to subsection
(5), refuse to grant an employment permit if the Minister is satisfied that— (
- a)the connected person is not engaged in substantive business operations in the State, (
- b)the connected person is not registered with the Revenue Commissioners, (
- c)the foreign employer is not engaged in substantive business operations in the place, outside the State, in which it is established, or (
- d)the connected person is not connected with the foreign employer.
(5)Subsection
(4)(a) shall not apply to the connected person where, on the date the application is made, the connected person carrying on those business operations has been registered with the Revenue Commissioners for a period not exceeding such period as may be prescribed by the Minister.
(6)In the case of an application for an intra-company transfer employment permit or a contract for service employment permit, the Minister shall— (a) without prejudice t