Insights

GES Newsflash March 2018

Updates to Employment Permit System in Ireland following new regulations

Immigration: Updates to Employment Permit System in Ireland following new regulations.

From the 26th March 2018, Ireland is introducing a number of changes to the employment permit system. The changes will affect all employment permit applications filed after this date. The Department of Business Enterprise and Innovation have also announced they are seeking submissions to review the current employment permit system in Ireland.

 

Summary
1. Signed contract of employment will now be submitted with all new and renewal employment permit applications
2. The list of ineligible occupations will not apply to Intra-Company Employment Permit applications
3. Addition to the Highly Skilled Eligible List (HSEOL) for animation roles and amendments to the Ineligible Categories of Employment List.

Detailed Commentary

1. Additional documentation requirement for Employment Permit Application

A copy of the signed contract of employment shall be submitted with all new and renewal employment permit applications.

Deloitte’s View: Impact on you?
Going forward, a finalised and signed contract of employment will need to be submitted when filing the applications. This will be the document that should be held by the employer and should accurately reflect the person’s employment and their employment permit for the duration of the employment permit. To avoid delays, companies should ensure they have this when preparing an employment permit application.

2. The list of ineligible occupations will no longer apply to applications for Intra-Company Transfer Employment Permits

The ineligible list of employments (such as administrative roles, customer service) will not apply for Intra-Company Transfer applications.

Deloitte’s View: Impact on you?
Companies can bring more foreign employees over on assignment under the intra-company transfer. We believe this will greatly assist companies who are looking to transfer senior management who wish to bring their P.A.s as key personnel.

3. Update to Highly Skilled Eligible List (HSEOL) and Ineligible Categories of Employment List (ICEL)

Following the Department’s recent review; the following amendments have been made:

The number of 2D/3D animation occupations (with at least one year’s experience in the role) have now been added to the ‘Highly Skilled’ list. For further information please see here.

A number of exemptions from the ‘Ineligible List’ have been made for the following culinary roles in response to evidence that the Irish labour market is experiencing a shortage in culinary roles:

  • Executive Chef with minimum of 5 years' experience at that level
  • Head Chef with minimum of 5 years’ experience at that level
  • Sous Chef with minimum of 5 years’ experience at that level
  • Chef de Partie with minimum of 2 years’ experience at that level

Deloitte’s View: Impact on you?
For those in the animation business, this will assist companies to hire foreign nationals within the animation sector. Companies will now be able to hire foreign national employees on Critical Skills Employment Permits in order to obtain the employment, residency and family reunification benefits. If companies are in the culinary business, there is no longer the requirement that the chef must be specialising in cuisine originating from a state that is not a Member State of the EEA.

4. Upcoming Review of Employment Permit System in Ireland

The Department are carrying out a review of the economic migration policies behind the current employment permits system.

Deloitte’s View: Impact on you?
This allows companies an opportunity to provide feedback regarding their experiences in dealing with the employment permit system– both positive and challenging.

The review will cover the following areas:
- Skills and labour shortages – remuneration thresholds, permit  types, level of skill required for workers
- 50:50 rule (where companies work force must be 50% Irish or EEA)
- Labour market needs test (where companies must first seek to hire a person in the local/EEA market before hiring a foreign national)
- Current employment permit types – economic and ancillary
- Current employment permit systems

The closing date for submissions is 5pm, Monday 9 April 2018. For further information – please see here.

If you would like to find out more about this matter, please contact Daryl Hanberry or Head of Immigration Services, Roisin Fitzpatrick (rfitzpatrick@deloitte.ie).

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