S.I. No. 33/2016 - Employment Permits (Amendment) Regulations 2016

1. (1) These Regulations may be cited as the Employment Permits (Amendment) Regulations 2016.

(2) The Principal Regulations, the Employment Permits (Trusted Partner) Regulations 2015 (

S.I. No. 172 of 2015

), the Employment Permits (Amendment) Regulations 2015 (

S.I. No. 349 of 2015

), the Employment Permits (Amendment) (No. 2) Regulations 2015 (

S.I. No. 602 of 2015

) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2016 and shall be construed together as one.

2. These Regulations come into operation on 1 February 2016.

3. In these Regulations “Principal Regulations” means the Employment Permits Regulations 2014 (

S.I. No. 432 of 2014

).

4. The Principal Regulations are amended by substituting for Schedules 3 and 4 (as amended by Regulation 9 of the Employment Permits (Amendment) Regulations 2015) the following

“Regulations 15, 26, 27, 40, 61 and 62

Schedule 3

Employments in respect of which there is a shortage in respect of qualifications, experience or skills which are required for the proper functioning of the economy

SOC-3

Employment category

SOC-4

Employments

211

Natural and Social Science Professionals

2111

Chemical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

2112

• Medical laboratory scientists

• Biological scientists and biochemists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

2113

Physical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

212

Engineering Professionals

2122

Mechanical engineers specialising in

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Mechanical engineering (especially polymer engineering skills in the areas of pharmaceuticals, medical devices or green economy), or

• Chemical process engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2123

Electrical engineers specialising in

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2124

Electronics engineers specialising in

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2126

Design and development engineers specialising in

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2127

Production and process engineers specialising in

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Chemical process engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2129

Material scientists

113

ICT Professionals

1136

Information technology and telecommunications directors

213

2133

IT specialist managers

2134

IT project and programme managers

2135

IT business analysts, architects and systems designers

2136

Programmers and software development professionals

2137

Web design and development professionals

2139

All other ICT professionals

221

Health Professionals

2211

Medical practitioners

2213

Industrial Pharmacists

2217

• Radiographers

• Radiation therapists

• Vascular technologists/physiologists

• Gastro Intestinal technologists/physiologists

2219

• Audiologists

• Perfusionists

118

Health and Social Services Managers and Directors

1181

Senior health services and public health managers and directors

223

Nursing and Midwifery Professionals

2231

• Registered Nurses (RGN, MHN, ID and Children’s nurses)

• Clinical Nurse Specialists

• Clinical Nurse Managers

• Advanced Nursing Practitioners

2232

• Registered Midwives

• Clinical Midwife Specialists

• Clinical Midwife Managers

• Advanced Midwife Practitioners

222

Therapy Professionals

2229

Orthoptists

321

Health Associate Professionals

3218

• Prosthetists

• Orthotists

242

Business, Research and Administrative Professionals

2421

Chartered and certified accountants and taxation experts specialising in tax, compliance, regulation, solvency, or financial management, or related and relevant specialist skills, qualifications or experience

2423

Management consultants and business analysts specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience

2424

Business and financial project management professionals specialising in finance & investment analytics, risk analytics, credit, fraud analytics or related and relevant specialist skills, qualifications or experience

2425

Actuaries, economists and statisticians specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience

246

Quality and Regulatory Professionals

2461

Quality control and planning engineers

2462

Quality assurance and regulatory professionals

2463

Environmental health professionals

354

Sales, Marketing and Related Associate Professionals

3542

Business sales executives specialising in International Sales Roles or ITB2B sales roles and with fluency in the official language, apart from English, of a state which is not a Member State of the EEA

3543

International marketing experts with required domain knowledge specialising in product strategy development and management with technical and product/service knowledge (pharmaceutical, medical devices, Software B2B, SaaS products)

Note: ‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010).

Regulations 15, 26, 27, 32, 39, 57

Schedule 4

Employments in respect of which an employment permit shall not be granted

SOC-3

Categories of employment

SOC-4

Employment

122

Managers in Hospitality and Leisure Services

1221

Hotel and accommodation managers

1223

Restaurant and catering establishment managers

1224

Publicans and managers of licensed premises

1225

Leisure and sports facilities managers

1226

Travel agency managers

124

Managers in Health and Care Services

1242

Residential, day and domiciliary care managers

125

Managers in Other Services

1251

Property, housing and estate managers

1252

Garage managers

1253

Hairdressing and beauty salon managers

1254

Shopkeepers — wholesale and retail

1255

Waste disposal and environmental services managers

1259

Other managers in other services (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager)

222

Therapy Professionals

2221

Physiotherapists (with the exception of a physiotherapist affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit)

2222

Occupational therapists

2223

Speech and language therapists

2229

Other therapy professionals(with the exception of orthoptists, and chiropractors who are members of the Chiropractic Association of Ireland)

244

Welfare Professionals

2442

Social workers

2443

Probation officers

2449

Other welfare professionals

311

Science, Engineering and Production Technicians

3114

Building and civil engineering technicians

312

Draughtspersons and Related Architectural Technicians

3121

Architectural and town planning technicians

3122

Draughtspersons

321

Health Associate Professionals

3216

Dispensing opticians

3217

Pharmaceutical technicians

3218

Dental technicians

3219

Other health associate professionals (includes Acupuncturists, Homeopaths, Hypnotherapists, Massage therapists, Reflexologists, Sports therapists)

323

Welfare and Housing Associate Professionals

3231

Youth and community workers

3233

Child and early years officers

3234

Housing officers

3235

Counsellors

3239

Other welfare and housing associate professionals

331

Protective Service Occupations

3311

NCOs and other ranks

3312

Police officers (sergeant and below)

3313

Fire service officers (watch manager and below)

3314

Prison service officers (below principal officer)

3315

Police community support officers

3319

Other protective service associate professionals

344

Sports and Fitness Occupations

3443

Fitness instructors

352

Legal Associate Professionals

3520

Legal associate professionals

354

Sales, Marketing and Related Associate Professionals

3544

Estate agents and auctioneers

3546

Conference and exhibition managers and organisers

356

Public Services and Other Associate Professionals

3561

Public services associate professionals

3563

Vocational and industrial trainers and instructors(with the exception of mobility instructors for the visually impaired)

3564

Careers advisers and vocational guidance specialists

3565

Inspectors of standards and regulations

3567

Health and safety officers

411

Administrative Occupations: Government and Related Organisations

4112

National government administrative occupations

4113

Local government administrative occupations

412

Administrative Occupations: Finance

4121

Credit controllers(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, in a role in credit control where the employment is supported by an enterprise development agency)

4122

Book-keepers, payroll managers and wages clerks(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA in a role in accounts payable where the employment is supported by an enterprise development agency)

4123

Bank and post office clerks

4124

Finance officers

4129

Other financial administrative occupations

413

Administrative Occupations: Records

4131

Records clerks and assistants

4132

Pensions and insurance clerks and assistants

4133

Stock control clerks and assistants

4134

Transport and distribution clerks and assistants

4135

Library clerks and assistants

4138

Human resources administrative occupations

415

Other Administrative Occupations

4151

Sales administrators

4159

Other administrative occupations

416

Administrative Occupations: Office Managers and Supervisors

4161

Office managers

4162

Office supervisors

421

Secretarial and Related Occupations

4211

Medical secretaries

4212

Legal secretaries

4213

School secretaries

4214

Company secretaries

4215

Personal assistants and other secretaries

4216

Receptionists

4217

Typists and related keyboard occupations

511

Agricultural and Related Trades

5111

Farmers

5112

Horticultural trades

5113

Gardeners and landscape gardeners

5114

Groundsmen and greenkeepers

5119

Other agricultural and fishing trades

521

Metal Forming, Welding and Related Trades

5211

Smiths and forge workers

5212

Moulders, core makers and die casters

5213

Sheet metal workers

5214

Metal plate workers, and riveters

5215

Welding trades (with the exception of TIG and MIG welders)

5216

Pipe fitters

522

Metal Machining, Fitting and Instrument Making Trades

5225

Air-conditioning and refrigeration engineers

523

Vehicle Trades

5231

Vehicle technicians, mechanics and electricians (with the exception of vehicle technicians and mechanics affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit)

5232

Vehicle body builders and repairers

5234

Vehicle paint technicians

5236

Boat and ship builders and repairers

5237

Rail and rolling stock builders and repairers

524

Electrical and Electronic Trades

5241

Electricians and electrical fitters

5244

TV, video and audio engineers

5249

Other electrical and electronic trades

525

Skilled Metal, Electrical and Electronic Trades Supervisors

5250

Skilled metal, electrical and electronic trades supervisors

531

Construction and building trades

5312

Bricklayers and masons

5313

Roofers, roof tilers and slaters

5314

Plumbers and heating and ventilating engineers

5315

Carpenters and joiners

5316

Glaziers, window fabricators and fitters

5319

Other construction and building trades

532

Building Finishing Trades

5321

Plasterers

5322

Floorers and wall tilers

5323

Painters and decorators

533

Construction and Building Trades Supervisors

5330

Construction and building trades supervisors

541

Textiles and Garments Trades

5411

Weavers and knitters

5412

Upholsterers

5413

Footwear and leather working trades

5414

Tailors and dressmakers

5419

Other textiles, garments and related trades

542

Printing Trades

5421

Pre-press technicians

5422

Printers

5423

Print finishing and binding workers

543

Food Preparation and Hospitality Trades

5431

Butchers (with the exception of boners (meat))

5432

Bakers and flour confectioners

5433

Fishmongers and poultry dressers

5434

Chefs(with the exception of—(a) executive chefs,

(b) head chefs,

(c) sous chefs, and

(d) specialist chefs

specialising in cuisine originating from a state which is not a Member State of the EEA and working in establishments other than fast food outlets)

5435

Cooks

5436

Catering and bar managers

544

Other Skilled Trades

5441

Glass and ceramics makers, decorators and finishers

5442

Furniture makers and other craft woodworkers

5443

Florists

5449

All other skilled trades

612

Childcare and Related Personal Services

6121

Nursery nurses and assistants

6122

Childminders and related occupations

6125

Teaching assistants

6126

Educational support assistants

613

Animal Care and Control Services

6131

Veterinary nurses

6132

Pest control officers

6139

Other animal care services occupations (includes work riders)

614

Caring Personal Services

6141

Nursing auxiliaries and assistants

6142

Ambulance staff (with the exception of paramedics)

6143

Dental nurses

6144

Houseparents and residential wardens

6145

Care workers and home carers(with the exception of a carer in a private home)

6146

Senior care workers

6147

Care escorts

6148

Undertakers, mortuary and crematorium assistants

621

Leisure and Travel Services

6211

Sports and leisure assistants

6212

Travel agents

6214

Air travel assistants

6215

Rail travel assistants

6219

Other leisure and travel service occupations(with the exception of tourist guides fluent in the official language, apart from English, of a state which is not a Member State of the EEA)

622

Hairdressers and Related Services

6221

Hairdressers, barbers, and related occupations

6222

Beauticians and related occupations

623

Housekeeping and Related Services

6231

Housekeepers and related occupations

6232

Caretakers

624

Cleaning and Housekeeping Managers and Supervisors

6240

Cleaning and housekeeping managers and supervisors

711

Sales Assistants and Retail Cashiers

7111

Sales and retail assistants

7112

Retail cashiers and check-out operators

7113

Telephone salespersons

7114

Pharmacy and other dispensing assistants

7115

Vehicle and parts salespersons and advisers

712

Sales Related Occupations

7121

Collector salespersons and credit agents

7122

Debt, rent and other cash collectors

7123

Roundspersons and van salespersons

7124

Market and street traders and assistants

7125

Merchandisers and window dressers

7129

Other sales related occupations

713

Sales Supervisors

7130

Sales supervisors

721

Customer Service Occupations

7211

Call and contact centre occupations (with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, where the employment is supported by an enterprise development agency and is in—

• a customer service and sales role with relevant product knowledge,

• a specialist online digital marketing and sales role, or

• a specialist language support and technical sales support role)

7213

Telephonists

7214

Communication operators

7215

Market research interviewers

7219

Other customer service occupations

722

Customer Service Managers and Supervisors

7220

Customer service managers and supervisors

811

Process Operatives

8111

Food, drink and tobacco process operatives(with exception of Computer Numerical Control Operative)

8112

Glass and ceramics process operatives(with exception of Computer Numerical Control Operative)

8113

Textile process operatives(with exception of Computer Numerical Control Operative)

8114

Chemical and related process operatives(with exception of Computer Numerical Control Operative)

8115

Rubber process operatives(with exception of Computer Numerical Control Operative)

8116

Plastics process operatives(with exception of Computer Numerical Control Operative)

8117

Metal making and treating process operatives(with exception of Computer Numerical Control Operative)

8118

Electroplaters(with exception of Computer Numerical Control Operative)

8119

Other process operatives(with exception of Computer Numerical Control Operative)

812

Plant and Machine Operatives

8121

Paper and wood machine operatives(with exception of Computer Numerical Control Operative)

8122

Coal mine operatives(with exception of Computer Numerical Control Operative)

8123

Quarry workers and related operatives(with exception of Computer Numerical Control Operative)

8124

Energy plant operatives(with exception of Computer Numerical Control Operative)

8125

Metal working machine operatives(with exception of Computer Numerical Control Operative)

8126

Water and sewerage plant operatives(with exception of Computer Numerical Control Operative)

8127

Printing machine assistants(with exception of Computer Numerical Control Operative)

8129

Other plant and machine operatives(with exception of Computer Numerical Control Operative)

813

Assemblers and Routine Operatives

8131

Assemblers (electrical and electronic products)

8132

Assemblers (vehicles and metal goods)

8133

Routine inspectors and testers

8134

Weighers, graders and sorters

8135

Tyre, exhaust and windscreen fitters

8137

Sewing machinists

8139

Other assemblers and routine operatives

814

Construction Operatives

8141

Scaffolders, stagers and riggers

8142

Road construction operatives

8143

Rail construction and maintenance operatives

8149

Other construction operatives

821

Road Transport Drivers

8211

Large goods vehicle drivers

8212

Van drivers

8213

Bus and coach drivers

8214

Taxi and cab drivers and chauffeurs

8215

Driving instructors

822

Mobile Machine Drivers and Operatives

8221

Crane drivers

8222

Fork-lift truck drivers

8223

Agricultural machinery drivers

8229

Other mobile machine drivers and operatives

823

Other Drivers and Transport Operatives

8231

Train and tram drivers

8232

Marine and waterways transport operatives

8233

Air transport operatives

8234

Rail transport operatives

8239

Other drivers and transport operatives

911

Elementary Agricultural Occupations

9111

Farm workers

9112

Forestry workers

9119

Other fishing and other general agriculture occupations

912

Elementary Construction Occupations

9120

Elementary construction occupations

913

Elementary Process Plant Occupations

9132

Industrial cleaning process occupations

9134

Packers, bottlers, canners and fillers

9139

Other elementary process plant occupations

921

Elementary Administration Occupations

9211

Postal workers, mail sorters, messengers and couriers

9219

Other elementary administration occupations

923

Elementary Cleaning Occupations

9231

Window cleaners

9232

Street cleaners

9233

Cleaners and domestics

9234

Launderers, dry cleaners and pressers

9235

Refuse and salvage occupations

9236

Vehicle valeters and cleaners

9239

Other elementary cleaning occupations

924

Elementary Security Occupations

9241

Security guards and related occupations

9242

Parking and civil enforcement occupations

9244

School midday and crossing patrol occupations

9249

Other elementary security occupations

925

Elementary Sales Occupations

9251

Shelf fillers

9259

Other elementary sales occupations

926

Elementary Storage Occupations

9260

Elementary storage occupations

927

Other Elementary Services Occupations

9271

Hospital porters

9272

Kitchen and catering assistants

9273

Waiters and waitresses

9274

Bar staff

9275

Leisure and theme park attendants

9279

Other elementary services occupations

All

Work in the private home

All

Domestic operatives

Note

‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010).”

GIVEN under my Official Seal,

25 January 2016.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Employment Permits Regulations 2014 to provide for the following

Schedule 3 — changes to the list of employments in respect of which there is a shortage in respect of qualifications, experience or skills which are required for the proper functioning of the economy.

Schedule 4 — changes to the list of employments in respect of which an employment permit shall not be granted.

These Regulations may be cited as the Employment Permits (Amendment) Regulations 2016.

These Regulations come into operation on 1 February 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

29

th January

, 2016.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 14 (as amended by

section 17

of the

Employment Permits (Amendment) Act 2014

(No. 26 of 2014)) of the

Employment Permits Act 2006

(No. 16 of 2006), hereby make the following regulations