Employment Permits Act 2024

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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(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) 53. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit 54. Prohibition on certain use of employment permit 55. Prohibition on deduction from remuneration and retention of personal documents 56. Provision of false or misleading information 57. Penalties and proceedings 58. Offences by body corporate 59. Civil proceedings 60. Prohibition on penalisation 61. Presumption of employment in certain proceedings 62. Presumptions in proceedings under Act 63. Retention of records PART 5 Miscellaneous 64. Register of employment permits 65. Service of notices 66. Notification of change of address 67. Delegation of functions 68. Data exchange PART 6 Transitional Provisions 69. Definition (Part 6) 70. Continuation in force of employment permits granted under Act of 2006 71. Applications for grant or renewal of employment permits under Act of 2006 72. Renewal of employment permits granted under Act of 2006 73. Review of refusal under section 12 of Act of 2006 74. Review of revocation under section 16 of Act of 2006 75. Additional transitional provisions PART 7 Consequential Amendments 76. Amendment of section 17(2) of Employment Equality Act 1998 77. Amendment of Immigration Act 2004 78. 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 p …