IE
S.I. No. 95/2017 - Employment Permits Regulations 2017.
Table of Provisions (71)
Statutory Text (71 Articles)
1. Association Internationale des Étudiants en Sciences Économiques et Commerciales (“AIESEC”)
2. The International Association for the Exchange of Students for Technical Experience (IAESTE)
3. The Fulbright Programme
4. Exchange between St. Joseph’s University, Philadelphia and University College Cork in conjunction with Bord Bia
Regulations 21, 27, 34, 41, 49, 54, 59, 63, 68
Schedule 6
Forms — Employment Permits
Form A
Form B
Form C
Form D
Form E
Form F
Form G
Form H
Form I
GIVEN under my Official Seal,
27 March 2017.
MARY MITCHELL O’CONNOR,
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 consolidate and revoke the Employment Permits Regulations 2014 (
S.I. No. 432 of 2014
), 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
), the Employment Permits (Amendment) (No. 2) Regulations 2016 (
S.I. No. 363 of 2016
) and the Employment Permits (Trusted Partner) (Amendment) Regulations 2016 (
S.I. No. 403 of 2016
).
They set down the different classes of employment permit that may be granted by the Minister for Jobs, Enterprise and Innovation, for the purposes referred to in section 3A(2) of the
Employment Permits Act 2006
, as inserted by the
Employment Permits (Amendment) Act 2014
, and the qualifying criteria, application process, fees, review process with regard to decisions taken, and other matters in respect of such classes. They also set down the application process for a person who will make an offer of employment, an employer, a connected person or an EEA contractor to apply to the Minister for Trusted Partner Registration.
These Regulations may be cited as the Employment Permits Regulations 2017.
1 OJ No. L 191, 28.5.2004, p. 1.
2 OJ No. L 191, 28.5.2004, p. 1.
5. Trusted Partner Registration shall be for a period not exceeding 2 years, renewable by way of application pursuant to Regulation 6, and may be cancelled at any time by the Minister, including where—
(
a
) information or a document provided under Regulation 4(3) is no longer valid or applicable, or
(
b
) the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, has been convicted of an offence under the Principal Act, the Act of 2003, the
Immigration Act 2004
(No. 1 of 2004) or an enactment specified in Schedule 1 to the Principal Act.
Application for renewal of Trusted Partner Registration
6. (1) Applications for renewal of a Trusted Partner Registration, whether by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) Where an application for renewal of a Trusted Partner Registration is made by electronic means, the printed and signed application form shall also be submitted to the Minister.
(3) The following information and documents are prescribed for the purpose of section 6(
g
)(i) of the Principal Act and shall be provided with an application for renewal of a Trusted Partner Registration
(
a
) in respect of the person who will make the offer of employment, the employer, the connected person or the EEA contractor, a copy of—
(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or
(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application
(
b
) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person, is operating a restaurant or fast food outlet an up-to-date tax clearance certificate in respect of the person who will make the offer of employment, the employer or the connected person,
(
c
) where the person who will make the offer of employment or the employer is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission,
(
d
) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person has charitable status from the Revenue Commissioners, a letter from the Revenue Commissioners confirming that such person has such charitable status,
(
e
) in respect of an application by a connected person, documentary evidence of the connection(
s
) between the connected person and the foreign employer(
s
), and
(
f
) in respect of an application by an EEA contractor, information and documentary evidence in relation to the contract service agreement(
s
) under which it is proposed that employees will be providing services.
Part 3
General provisions
Fees
7. (1) Subject to paragraphs (4) and (5), the fees listed in Schedule 1 are prescribed in respect of the applications described therein.
(2) Payment of fees under these Regulations and the Principal Act shall be made—
(
a
) where the application is made in paper form, in the form of a Euro denominated cheque, bank draft, demand draft or postal order, drawn on a financial institution operating within the Irish clearing system and made payable to the Department of Jobs, Enterprise and Innovation, or by electronic transfer to an account of the Department of Jobs, Enterprise and Innovation, specified from time to time for this purpose by the Minister, or
(
b
) where application is made by electronic means, in the form of electronic credit or debit card payment.
(3) A portion of up to 90% is prescribed, for the purpose of section 12(5) of the Principal Act, as the portion of a fee that may be returned in the event of an application being refused or withdrawn.
(4) No fee shall be payable where the application is made by the person who has made the offer of employment, or, as the case may be, the employer or the connected person, and such person—
(
a
) provides with the application a letter from the Revenue Commissioners confirming that such person has charitable status, or
(
b
) has provided the letter referred to in subparagraph (
a
) in respect of a different application, and in respect of which an employment permit was granted or renewed, within the 12 month period preceding the application.
(5) No fee shall be payable where the foreign national in respect of whom the application is made is the spouse or civil partner of a person who is a national of a Member State of the EEA, provided that the application is accompanied by—
(
a
) clear copies of the relevant pages of the current passport of the spouse or civil partner of the foreign national in respect of whom the application is made, showing his or her picture, personal details and signature, and
(
b
) a copy of the relevant marriage certificate or civil partnership registration.
Application for grant of employment permit
8. (1) Applications made for the grant of employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) The following information and documents are prescribed for the purpose of section 6(
g
)(i) of the Principal Act and shall be provided with an application for the grant of an employment permit
(
a
) where an application is made—
(I) in paper form, a photograph, or
(II) by electronic means, a digital passport photograph in jpeg format,
of the foreign national in respect of whom the application is made, of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State;
(
b
) clear copies of the relevant pages of the passport of the foreign national in respect of whom the application is made, showing his or her picture, personal details, passport expiry date 12 months or more after the date of application, and his or her signature;
(
c
) a clear copy of the current immigration stamp and visa, if applicable, of the foreign national in respect of whom the application is made or, if available, his or her Garda National Immigration Bureau pin;
(
d
) in the case of an application for employment in a profession listed in Part A of Schedule 2, a copy of the registration of the foreign national in respect of whom the application is made with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin with that regulatory body;
(
e
) in the case of an application for employment in a profession listed in Part B or Part C of Schedule 2, a copy of the registration or recognition of qualifications of the foreign national in respect of whom the application is made with the appropriate regulatory body or Minister of the Government listed in that Schedule;
(
f
) in the case of an application for employment as a carer in a private home—
(I) copies of qualifications confirming that the foreign national in respect of whom the application is made is a trained medical professional in a profession listed in Part A of Schedule 2 and a letter from a registered medical practitioner specialising in the area of illness of the person for whom the foreign national will be caring, confirming that that person has a severe medical condition, or
(II) a copy of a P60, payslips, a notarised letter or an affidavit establishing that the foreign national in respect of whom the application is made has a long history of caring for the person concerned and a letter from a registered medical practitioner specialising in the area of illness of the person for whom the foreign national will be caring confirming that that person has special care needs;
(
g
) in the case of an application for employment in a restaurant or fast food outlet—
(I) copies of any certified qualifications of the foreign national in respect of whom the application is made, and
(II) in the case of an application for a Critical Skills Employment Permit, General Employment Permit, Sport and Cultural Employment Permit or Intra-Company Transfer Employment Permit in respect of employment as—
(A) an executive chef,
(B) a head chef,
(C) a sous chef, or
(D) a specialist chef,
specialising in cuisine originating from a state that is not a Member State of the EEA, a statement from the person who makes the offer of employment, or the connected person, confirming that the foreign national in respect of whom the application is made shall be employed in an establishment other than a fast food outlet;
(
h
) where applicable, a copy of the registration, held by the foreign national in respect of whom the application is made, with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP);
(
i
) in the case of an application for employment as a heavy goods vehicle driver, a copy of the category CE or C1E driving licence held by the foreign national in respect of whom the application is made;
(
j
) in the case of an application for employment as a nurse or midwife on completion of the Clinical Adaptation and Assessment Programme or the RCSI (Royal College of Surgeons of Ireland) Examination, as the case may be, evidence of permission from the Minister for Justice and Equality given to the foreign national to remain in the State for the purpose of completion of the programme or examination, and to subsequently apply for an employment permit; and
(
k
) where the application is made by electronic means, copies of signed declarations as may be required.
(3) In addition to the information and documents prescribed under paragraph (2), the following information and documents are prescribed for the purpose of section 6(
g
)(i) of the Principal Act and shall be provided with an application made for the grant of an employment permit, other than an application made by a Trusted Partner
(
a
) where the person who makes the offer of employment, or, as the case may be, the contractor or connected person, has not yet made returns to the Revenue Commissioners in respect of employees, a statement in writing provided by the Revenue Commissioners confirming registration with the Revenue Commissioners and stating the said person’s ERN (Employer Registered Number);
(
b
) where the person who makes the offer of employment, or, as the case may be, the contractor or connected person, does not come under subparagraph (
a
) and has not provided one of the following documents in respect of a different application, and in respect of which an employment permit was granted or renewed, within the 12 months preceding the application, a copy of—
(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or
(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application;
(
c
) where the person who makes the offer of employment is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission; and
(
d
) in the case of an application for employment in a restaurant or fast food outlet—
(I) if the establishment has been operating for one year or more, a copy of a “P35L” form returned by the person who makes the offer of employment, or the connected person, to the Revenue Commissioners,
(II) an up-to-date tax clearance certificate in respect of the person who makes the offer of employment, or the connected person,
(III) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and
(IV) a letter from the relevant official agency confirming that the person who makes the offer of employment, or the connected person, has registered its premises in accordance with Article 6 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004
2
and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 (
S.I. No. 369 of 2006
).
Application for renewal of employment permit
9. (1) Applications for the renewal of the employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) The following information, documents and evidence are prescribed for the purpose of section 20(4A) of the Principal Act and shall be provided with an application for the renewal of an employment permit
(
a
) where an application is made—
(I) in paper form, a photograph, or
(II) by electronic means, a digital passport photograph in jpeg format,
of the permit holder, of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State;
(
b
) clear copies of the relevant pages of the permit holder’s passport, showing his or her picture, personal details, a passport expiry date of 3 months or more after the date of application for renewal and his or her signature;
(
c
) a clear copy of the permit holder’s current immigration stamp and visa if applicable, or, if available, his or her Garda National Immigration Bureau pin;
(
d
) a copy of 3 recent payslips of the permit holder dated within the 4 month period prior to the application;
(
e
) a copy of the P60 issued in respect of the permit holder for each year that he or she has been employed pursuant to the employment permit, or, if the P60 is not available, the P21 issued in respect of the permit holder;
(
f
) in the case of an application for employment in a profession listed in Part A of Schedule 2, a copy of the permit holder’s registration with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin with that regulatory body;
(
g
) in the case of an application for employment in a profession listed in Part B or Part C of Schedule 2, a copy of the permit holder’s registration with, or recognition of qualifications by, the appropriate regulatory body or Minister of Government listed in that Schedule;
(
h
) in the case of an application for employment in a restaurant or fast food outlet an up-to-date tax clearance certificate in respect of the employer or the connected person;
(
i
) where applicable, a copy of the permit holder’s registration with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP);
(
j
) in the case of an application for employment as a heavy goods vehicle driver, a copy of the permit holder’s category CE or C1E driving licence; and
(
k
) where the application is made by electronic means, copies of signed declarations as may be required.
(3) In addition to the information and documents prescribed under paragraph (2), the following information and documents are prescribed for the purpose of section 20(4A) of the Principal Act and shall be provided with an application made for the renewal of an employment permit, other than an application made by a Trusted Partner
(
a
) in the case of an employer, or, as the case may be, a contractor or connected person, who has not provided one of the following documents in respect of a different application, and in respect of which an employment permit was granted or renewed, within the 12 months preceding the application, a copy of—
(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or
(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application; and
(
b
) where the person who makes the offer of employment is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission.
(4) For the purpose of section 20(2) of the Principal Act, an application for the renewal of an employment permit shall be made—
(
a
) within the period of 4 months ending on the day of expiry of the period for which it has been granted (or for which it has last been renewed under that section), or
(
b
) within the period of 1 month after the expiry of that period.
Time period after offer of employment or publication of notice within which application must be made
10. The period of 90 days is prescribed—
(
a
) in the case of an application for an employment permit to which section 10A(5) of the Principal Act applies, as the number of days from the day on which a notice is first published in accordance with that section, within which such application must be made, and
(
b
) in the case of an application for any other employment permit, as the period preceding the application within which an offer of employment in the State must have been made to the foreign national in respect of whom the application is made.
Time period for submission of additional information, documents or evidence
11. The period within which information, documents or evidence requested by the Minister must be provided is the period of 28 days after the date of the request.
Declarations
12. The Minister may, subject to a right of verification in all cases, consider any requirement specified in the Principal Act or these Regulations to be satisfied by a declaration made by the relevant parties in such form as may be provided or required for that purpose by the Minister and made available online at www.djei.ie.
Change of name following transfer of undertaking
13. (1) Notification of a change of name to which section 8(8) of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) In the event of a change of name to which section 8(8) of the Principal Act applies, the following information and documents shall be provided with the notification referred to in paragraph (1)
(
a
) the original and the certified copy of the employment permit to be amended;
(
b
) a letter from a solicitor or accountant confirming—
(i) that the transfer comes within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (
S.I. No. 131 of 2003
), and
(ii) the date of the transfer; and
(
c
) one of the following documents
(i) a P30 returned by the new employer, or as the case may be, the new contractor or new connected person, within the 3 month period preceding the notification of change of name, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise,
(ii) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application, or
(iii) where the new employer, or, as the case may be, the new contractor or new connected person, has not yet made returns to the Revenue Commissioners in respect of employees, a statement in writing provided by the Revenue Commissioners confirming registration with the Revenue Commissioners and stating the said person’s ERN (Employer Registered Number).
Redundancy
14. (1) Notification to be made by a foreign national in the event of a redundancy to which section 20A or 20B of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) In addition to the information and documentation referred to in section 20C of the Principal Act, the foreign national concerned shall provide to the Minister, with the notification to be made under such section
(
a
) a letter from the employer specified in the employment permit confirming that the foreign national has been dismissed by reason of redundancy, and
(
b
) where available, the P45 issued to the foreign national following his or her redundancy.
Registration with regulatory body or Minister of Government
15. (1) Subject to paragraph (2), a foreign national in respect of whom an application is made for an employment permit for employment in a profession listed in Part C of Schedule 2 is required to be registered with, or have his or her qualifications recognised by, the corresponding regulatory body or Minister of Government listed in that Part.
(2) Paragraph (1) shall not apply to foreign nationals in the following employments
(
a
) qualified accountants with at least three years’ auditing experience, who are full members of the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) and who have relevant work experience in the areas of US GAAP reporting and Global Audit and Advisory Services, and where the employment concerned is in MNC Global Audit Services; and
(
b
) tax consultants specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who have a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market.
Review of decision to refuse or revoke employment permit
16. (1) An application to submit a decision for review under section 13 or 17 of the Principal Act shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.
(2) An application for review of a decision under section 13 or 17 of the Principal Act shall be accompanied by—
(
a
) the letter which issued from the Department of Jobs, Enterprise and Innovation advising the applicant of the Minister’s decision to refuse the employment permit application under section 12 of the Principal Act, or
(
b
) the letter which issued from the Department of Jobs, Enterprise and Innovation advising the holder of the employment permit and the employer, or connected person, of the decision to revoke the employment permit under section 16 of the Principal Act,
as well as by any other relevant documentation in support of the request for review of the decision.
Part 4
Critical Skills Employment Permit
Name and purpose of Critical Skills Employment Permit
17. The name of the employment permit granted for the purpose referred to in section 3A(2)(
a
) of the Principal Act shall be the ‘Critical Skills Employment Permit’.
Eligible employments and minimum annual remuneration for Critical Skills Employment Permit
18. (1) The employments for which a Critical Skills Employment Permit may be granted are—
(
a
) the employments listed in Schedule 3 for which the minimum annual remuneration is €30,000 and in respect of which the minimum hourly rate of remuneration is €14.79, and
(
b
) all other employments, other than the employments listed in Schedule 4, for which the minimum annual remuneration is €60,000 and in respect of which the minimum hourly rate of remuneration is €29.58.
Minimum number of hours of work under Critical Skills Employment Permit
19. The minimum number of hours of work required to be worked each week under a Critical Skills Employment Permit is 20.
Qualification or experience required for Critical Skills Employment Permit
20. (1) In the case of a Critical Skills Employment Permit for an employment for which the minimum annual remuneration is €60,000, the qualification or experience required in respect of that employment is—
(
a
) a third level degree relevant to the employment concerned, or
(
b
) the necessary experience.
(2) In the case of a Critical Skills Employment Permit for an employment for which the minimum annual remuneration is €30,000, the qualification required in respect of that employment is a third level degree relevant to the employment concerned.
Form of Critical Skills Employment Permit
21. Form A in Schedule 6 is prescribed as the form of a Critical Skills Employment Permit.
Part 5
Dependant/Partner/Spouse Employment Permit
Name and purpose of Dependant/Partner/Spouse Employment Permit
22. The name of the employment permit granted for the purpose referred to in section 3A(2)(
b
) of the Principal Act shall be the ‘Dependant/Partner/Spouse Employment Permit’.
Eligible employments and minimum hourly rate of remuneration for Dependant/Partner/Spouse Employment Permit
23. (1) Subject to paragraph (2), the employments for which a Dependant/Partner/Spouse Employment Permit may be granted are all employments, other than that of a domestic operative.
(2) The minimum hourly rate of remuneration for which a Dependant/Partner/Spouse Employment Permit may be granted is the rate—
(
a
) declared by order under section 10D(1) (inserted by
section 8
of the
National Minimum Wage (Low Pay Commission) Act 2015
(No. 22 of 2015)) of the
National Minimum Wage Act 2000
(No. 5 of 2000), or
(
b
) where applicable, provided for in an employment regulation order made under section 42C(2) (inserted by
section 12
of the
Industrial Relations (Amendment) Act 2012
(No. 32 of 2012)) of the
Industrial Relations Act 1946
(No. 26 of 1946),
whichever is the higher.
Documentation required for grant of Dependant/Partner/Spouse Employment Permit
24. (1) In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, for the purpose of section 6(
g
)(i) of the Principal Act, the following documents shall be provided with an application for the grant of a Dependant/Partner/Spouse Employment Permit to a foreign national referred to in section 3C(2) of the Principal Act
(
a
) a copy of a birth certificate, marriage certificate, civil partnership registration, evidence of permission from the Minister for Justice and Equality to remain in the State for the purpose of making an application for an employment permit, or other legal document evidencing the relationship of the dependant, civil partner or spouse with the primary permit holder;
(
b
) clear copies of the relevant pages of the primary permit holder’s current passport, showing his or her picture, personal details, passport expiry date and signature;
(
c
) clear copies of the primary permit holder’s current immigration stamp or visa, or, if available, his or her Garda National Immigration Bureau pin; and
(
d
) a letter from the primary permit holder’s employer, dated within the 3 month period prior to the application, confirming the primary permit holder’s employment with that employer and his or her job title.
(2) In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, for the purpose of section 6(
g
)(i) of the Principal Act, the following documents shall be provided with an application for the grant of a Dependant/Partner/Spouse Employment Permit to a foreign national referred to in section 3C(3) of the Principal Act
(
a
) a copy of a birth certificate, marriage certificate, civil partnership registration, evidence of permission from the Minister for Justice and Equality to remain in the State for the purpose of making an application for an employment permit, or other legal document evidencing the dependant, civil partner or spouse’s relationship with the research project researcher;
(
b
) clear copies of the relevant pages of the research project researcher’s current passport, showing his or her picture, personal details, passport expiry date and signature;
(
c
) clear copies of the research project researcher’s current immigration stamp or visa, or, if available, his or her Garda National Immigration Bureau pin;
(
d
) in the case of a foreign national referred to in section 3C(3)(
a
) of the Principal Act, a letter from the person in the State with whom the research is being carried out, dated within the 3 month period prior to the application, confirming that the research project researcher is carrying out such research; and
(
e
) in the case of a foreign national referred to in section 3C(3)(
b
) of the Principal Act, a letter from the employer of the research project researcher dated within the 3 month period prior to the application, confirming the research project researcher’s employment with that employer and his or her job title.
Documentation required for renewal of Dependant/Partner/Spouse Employment Permit
25. (1) In addition to the information, documents and evidence prescribed under paragraphs (2) and (3) of Regulation 9, as applicable, for the purpose of section 20(4A) of the Principal Act, an application for the renewal of a Dependant/Partner/Spouse Employment Permit granted to a foreign national referred to in section 3C(2) of the Principal Act shall be accompanied by—
(
a
) clear copies of the relevant pages of the primary permit holder’s current passport, showing his or her picture, personal details, passport expiry date and signature,
(
b
) clear copies of the primary permit holder’s current immigration stamp or visa or, if available, his or her Garda National Immigration Bureau pin, and
(
c
) a letter from the primary permit holder’s employer, dated within the 3 month period prior to the application, confirming the primary permit holder’s employment with that employer.
(2) In addition to the information, documents and evidence prescribed under paragraphs (2) and (3) of Regulation 9, as applicable, for the purpose of section 20(4A) of the Principal Act, an application for the renewal of a Dependant/Partner/Spouse Employment Permit granted to a foreign national referred to in section 3C(3) of the Principal Act shall be accompanied by—
(
a
) clear copies of the relevant pages of the research project researcher’s current passport, showing his or her picture, personal details, passport expiry date and signature,
(
b
) clear copies of the research project researcher’s current immigration stamp or visa or, if available, his or her Garda National Immigration Bureau pin,
(
c
) in the case of a foreign national referred to in section 3C(3)(
a
) of the Principal Act, a letter from the person in the State with whom the research is being carried out, dated within the 3 month period prior to the application, confirming that the research project researcher is carrying out such research, and
(
d
) in the case of a foreign national referred to in section 3C(3)(
b
) of the Principal Act, a letter from the employer of the research project researcher, dated within the 3 month period prior to the application, confirming the research project researcher’s employment with that employer and his or her job title.
Minimum number of hours of work under Dependant/Partner/Spouse Employment Permit
26. The minimum number of hours of work required to be worked each week under a Dependant/Partner/Spouse Employment Permit is 10.
Form of Dependant/Partner/Spouse Employment Permit
27. Form B in Schedule 6 is prescribed as the form of a Dependant/Partner/Spouse Employment Permit.
Part 6
General Employment Permit
Name and purpose of General Employment Permit
28. The name of the employment permit granted for the purpose referred to in section 3A(2)(
c
) of the Principal Act shall be the ‘General Employment Permit’.
Eligible employments and minimum annual remuneration for General Employment Permit
29. (1) Subject to paragraph (2), the employments for which a General Employment Permit may be granted are all employments, other than the employments listed in Schedule 4, for which—
(
a
) in the case of a foreign national who has graduated in the last 12 months from a third level institution in the State and has been offered a graduate position in an employment listed in Schedule 3, the minimum annual remuneration is €27,000 and in respect of which the minimum hourly rate of remuneration is €13.31,
(
b
) in the case of a foreign national who has graduated in the last 12 months from a third level institution outside the State and has been offered a graduate position in an employment listed under ‘ICT professionals’ in Schedule 3, the minimum annual remuneration is €27,000 and in respect of which the minimum hourly rate of remuneration is €13.31,
(
c
) in the case of employment of a person fluent in the official language of a state which is not a Member State of the EEA, where the employment is supported by an enterprise development agency and the employment is in—
(i) a customer service and sales role with relevant product knowledge,
(ii) a specialist online digital marketing and sales role, or
(iii) a specialist language support and technical sales support role,
the minimum annual remuneration is €27,000 and in respect of which the minimum hourly rate of remuneration is €13.31, or
(
d
) in the case of employment as a boner (meat), the minimum annual remuneration is €27,500 and in respect of which the minimum hourly rate of remuneration is €13.56, or
(
e
) in any other case, the minimum annual remuneration is €30,000 and in respect of which the minimum hourly rate of remuneration is €14.79.
(2) In the case of a General Employment Permit granted in respect of employment referred to in paragraph (1)(
a
) or (
b
), the minimum annual remuneration required as a condition of the renewal of such permit shall be €30,000 and in respect of which the minimum hourly rate of remuneration is €14.79.
Maximum number of General Employment Permits for certain employments
30. (1) The maximum number of General Employment Permits that may be granted in respect of employment as a boner (meat) is 160 and the period during which that maximum number shall be granted is the period up until that maximum number of permits is granted.
(2) The maximum number of General Employment Permits that may be granted in respect of employment as a heavy goods vehicle driver who has a category CE or C1E driving licence is 120 and the period during which that maximum number shall be granted is the period up until that maximum number of permits is granted.
Notice of offer of employment prior to application for General Employment Permit
31. (1) In the case of an application for a General Employment Permit, the notice referred to in section 10A(3) of the Principal Act shall be placed—
(
a
) with the Minister for Social Protection for publication on the EURES website for a minimum period of 14 days,
(
b
) in at least one national newspaper for a minimum period of 3 days, and
(
c
) either—
(i) in a newspaper referred to in section 10A(4)(
a
)(iii)(I), or
(ii) on a website referred to in section 10A(4)(
a
)(iii)(II),
for a minimum period, in either case, of 3 days.
(2) In the case of an application for a General Employment Permit, the notice referred to in section 10A(3) of the Principal Act shall contain—
(
a
) a description of the employment,
(
b
) the name of the person who shall make the offer of employment,
(
c
) the minimum annual remuneration of the employment,
(
d
) the location(
s
) at which the employment is to be carried out, and
(
e
) the hours of work of the employment.
(3) In the case of an application for a General Employment Permit, the employments referred to in section 10A(7)(
a
) of the Principal Act, to which the requirement to publish a notice under section 10A(2) of the Principal Act shall not apply, are—
(
a
) the employments listed in Schedule 3, and
(
b
) all other employments, other than the employments listed in Schedule 4, for which the minimum annual remuneration is €60,000.
Information required for grant of General Employment Permit
32. Where a notice of offer of employment has, in accordance with section 10A of the Principal Act, been required to be published, in addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, for the purpose of section 6(
g
)(i) of the Principal Act, the following information and documents shall be provided with an application for the grant of a General Employment Permit, other than an application in respect of an employment referred to in Regulation 31(3)
(
a
) the vacancy reference number of the notice referred to in Regulation 31(1)(
a
), and
(
b
) copies of the notices referred to in Regulation 31(1)(
b
) and (
c
), clearly showing the dates of publication of such notices.
Minimum number of hours of work under General Employment Permit
33. The minimum number of hours of work required to be worked each week under a General Employment Permit is 20.
Form of General Employment Permit
34. Form C in Schedule 6 is prescribed as the form of a General Employment Permit.
Part 7
Intra-Company Transfer Employment Permit
Name and purpose of Intra-Company Transfer Employment Permit
35. The name of the employment permit granted for the purpose referred to in section 3A(2)(
d
) of the Principal Act shall be the ‘Intra-Company Transfer Employment Permit’.
Eligible employments and minimum annual remuneration for Intra-Company Transfer Employment Permit
36. (1) Subject to paragraph (2), the employments for which an Intra-Company Transfer Employment Permit may be granted are—
(
a
) in respect of the employments referred to in section 3A(2)(
d
)(i) of the Principal Act, employments—
(i) in a senior management position, or
(ii) in a position that requires specialist knowledge, qualifications or experience essential to the connected person’s service, research equipment, techniques or management,
and for which the minimum annual remuneration is €40,000 and in respect of which the minimum hourly rate of remuneration is €19.72, and
(
b
) in respect of the employments referred to in section 3A(2)(
d
)(ii) of the Principal Act, employments—
(i) that require the foreign national in respect of whom the application is made to undergo training with the connected person for a period not exceeding 12 months, and
(ii) for which the minimum annual remuneration is €30,000 and in respect of which the minimum hourly rate of remuneration is €14.79.
(2) An Intra-Company Transfer Employment Permit shall not be granted in respect of an employment listed in Schedule 4.
(3) In this Regulation “senior management position” means any position primarily having one of the following functions
(
a
) the management of the organisation, or a department, subdivision, function or component thereof,
(
b
) the supervision or control of the work of other supervisory, professional or managerial staff, or management of an essential function within the organisation, or a department or subdivision thereof,
(
c
) the authority to hire and terminate staff, or recommend same, as well as other human resources functions, or
(
d
) the exercise of discretion over the day-to-day operations of the activity or function for which the foreign national has authority.
Documentation required for grant of Intra-Company Transfer Employment Permit
37. In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, for the purpose of section 6(
g
)(i) of the Principal Act, an application for the grant of an Intra-Company Transfer Employment Permit by a connected person who has not provided such documents in respect of a different application, and in respect of which an Intra-Company Transfer Employment Permit was granted or renewed, within the last 2 years shall be accompanied by documentary evidence of the connection between the connected person and the foreign employer.
Minimum number of hours of work under Intra-Company Transfer Employment Permit
38. The minimum number of hours of work required to be worked each week under an Intra-Company Transfer Employment Permit is 20.
Minimum period of employment with foreign employer required for Intra-Company Transfer Employment Permit
39. The minimum period of employment for which a foreign national referred to in section 3D(5) of the Principal Act shall be employed by the foreign employer before an application for an Intra-Company Transfer Employment Permit may be made in respect of him or her is—
(
a
)6 months in the case of a foreign national referred to in section 3A(2)(
d
)(i) of the Principal Act, or
(
b
)1 month in the case of a foreign national referred to in section 3A(2)(
d
)(ii) of the Principal Act.
Remuneration documentation required for application for renewal of Intra-Company Transfer Employment Permit
40. In addition to the information, documents and evidence prescribed in paragraphs (2) and (3) of Regulation 9, as applicable, the following shall be provided, and where necessary translated, with an application for the renewal of an Intra-Company Transfer Employment Permit
(
a
) documentation evidencing any payments made in respect of the board or accommodation of the holder of the employment permit;
(
b
) documentation evidencing any payments made in respect of the health insurance of the holder of the employment permit; and
(
c
) certified translations into English or Irish of any documentation referred to in paragraph (
a
) or (
b
), wherever such documentation is not in English or Irish.
Form of Intra-Company Transfer Permit
41. Form D in Schedule 6 is prescribed as the form of an Intra-Company Transfer Employment Permit.
Part 8
Contract for Services Employment Permit
Name and purpose of Contract for Services Employment Permit
42. The name of the employment permit granted for the purpose referred to in section 3A(2)(
e
) of the Principal Act shall be the ‘Contract for Services Employment Permit’.
Eligible employments and minimum annual remuneration for Contract for Services Employment Permit
43. (1) Subject to paragraph (2), the employments for which a Contract for Services Employment Permit may be granted are all employments, for which the minimum annual remuneration is €40,000 and in respect of which the minimum hourly rate of remuneration is €19.72.
(2) A Contract for Services Employment Permit shall not be granted in respect of—
(
a
) the employments listed in Schedule 4, and
(
b
) employment as an executive chef, head chef, sous chef or specialist chef specialising in cuisine originating from a state that is not a Member State of the EEA, in an establishment other than a fast food outlet.
Notice of offer of employment prior to application for Contract for Services Employment Permit
44. (1) In the case of an application for a Contract for Services Employment Permit, the notice referred to in section 10A(3) of the Principal Act shall be placed—
(
a
) with the Minister for Social Protection for publication on the EURES website for a minimum period of 14 days,
(
b
) in at least one national newspaper for a minimum period of 3 days, and
(
c
) either—
(i) in a newspaper referred to in section 10A(4)(
a
)(iii)(I), or
(ii) on a website referred to in section 10A(4)(
a
)(iii)(II),
for a minimum period, in either case, of 3 days.
(2) In the case of an application for a Contract for Services Employment Permit, the notice referred to in section 10A(3) of the Principal Act shall contain—
(
a
) a description of the employment,
(
b
) the name of the contractor,
(
c
) the minimum annual remuneration of the employment,
(
d
) the location(
s
) at which the employment is to be carried out, and
(
e
) the hours of work of the employment.
(3) In the case of an application for a Contract for Services Employment Permit, the employments referred to in section 10A(7)(
a
) of the Principal Act, to which the requirement to publish a notice under section 10A(2) of the Principal Act shall not apply, are—
(
a
) the employments listed in Schedule 3, and
(
b
) all other employments, other than the employments referred to in Regulation 43(2), for which the minimum annual remuneration is €60,000.
Documentation and information required for grant of Contract for Services Employment Permit
45. In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, for the purpose of section 6(
g
)(i) of the Act, the following information and documents shall be provided with an application for the grant of a Contract for Services Employment Permit
(
a
) information in relation to the contract service agreement under which it is proposed that the employee shall be providing services; and
(
b
) other than in the case of an application for an employment permit in respect of an employment referred to in Regulation 44(3)—
(i) the vacancy reference number of the notice referred to in Regulation 44(1)(
a
), and
(ii) copies of the notices referred to in Regulation 44(1)(
b
) and (
c
), clearly showing the dates of publication of such notices.
Minimum number of hours of work under Contract for Services Employment Permit
46. The minimum number of hours of work required to be worked each week under a Contract for Services Employment Permit is 20.
Minimum period of employment with contractor required for Contract for Services Employment Permit
47. The minimum period of employment for which a foreign national referred to in section 3E(5) of the Principal Act shall be employed by the contractor before an application for a Contract for Services Employment Permit may be made in respect of him or her is 6 months.
Remuneration documentation required for application for renewal of Contract for Services Employment Permit
48. In addition to the information, documents and evidence prescribed under paragraphs (2) and (3) of Regulation 9, as applicable, the following shall be provided, and where necessary translated, with an application for the renewal of a Contract for Services Employment Permit
(
a
) documentation evidencing any payments made in respect of the board or accommodation of the holder of the employment permit;
(
b
) documentation evidencing any payments made in respect of the health insurance of the holder of the employment permit, and
(
c
) certified translations into English or Irish of any documentation referred to in paragraph (
a
) or (
b
), wherever such documentation is not in English or Irish.
Form of Contract for Services Employment Permit
49. Form E in Schedule 6 is prescribed as the form of a Contract for Services Employment Permit.
Part 9
Reactivation Employment Permit
Name and purpose of Reactivation Employment Permit
50. The name of the employment permit granted for the purpose referred to in section 3A(2)(
f
) of the Act shall be known as a ‘Reactivation Employment Permit’.
Eligible employments and minimum annual remuneration for Reactivation Employment Permit
51. (1) Subject to paragraph (2), the employments for which a Reactivation Employment Permit may be granted are all employments the minimum annual remuneration for which is the minimum amount of remuneration to be paid for 39 hours of work in each week for 52 weeks and in respect of which the minimum remuneration hourly rate is—
(
a
) declared by order under section 10D(1) (inserted by
section 8
of the
National Minimum Wage (Low Pay Commission) Act 2015
(No. 22 of 2015)) of the
National Minimum Wage Act 2000
(No. 5 of 2000), or
(
b
) where applicable, provided for in an employment regulation order made under section 42C(2) (inserted by
section 12
of the
Industrial Relations (Amendment) Act 2012
(No. 32 of 2012)) of the
Industrial Relations Act 1946
(No. 26 of 1946),
whichever is the higher.
(2) A Reactivation Employment Permit shall not be granted for employment as a domestic operative.
Minimum number of hours of work under Reactivation Employment Permit
52. The minimum number of hours of work required to be worked each week under a Reactivation Employment Permit is 20.
Documentation required for grant of Reactivation Employment Permit
53. In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, an application for the grant of a Reactivation Employment Permit shall be accompanied by evidence of permission from the Minister for Justice and Equality to remain in the State for the purpose of making an application for an employment permit.
Form of Reactivation Employment Permit
54. Form F in Schedule 6 is prescribed as the form of a Reactivation Employment Permit.
Part 10
Exchange Agreement Employment Permit
Name and purpose of Exchange Agreement Employment Permit
55. The name of the employment permit granted for the purpose referred to in section 3A(2)(
g
) of the Act shall be known as an ‘Exchange Agreement Employment Permit’.
Eligible employments and minimum annual remuneration for Exchange Agreement Employment Permit
56. The employments for which an Exchange Agreement Employment Permit may be granted are those that come within the scope of the exchange agreements listed in Schedule 5 and the minimum annual remuneration for which is the minimum amount of remuneration to be paid for 39 hours of work in each week for 52 weeks and in respect of which the minimum remuneration hourly rate is—
(
a
) declared by order under section 10D(1) (inserted by
section 8
of the
National Minimum Wage (Low Pay Commission) Act 2015
(No. 22 of 2015)) of the
National Minimum Wage Act 2000
(No. 5 of 2000), or
(
b
) where applicable, provided for in an employment regulation order made under section 42C(2) (inserted by
section 12
of the
Industrial Relations (Amendment) Act 2012
(No. 32 of 2012)) of the
Industrial Relations Act 1946
(No. 26 of 1946),
whichever is the higher.
Minimum number of hours of work under Exchange Agreement Employment Permit
57. The minimum number of hours of work required to be worked each week under an Exchange Agreement Employment Permit is 20.
Documentation required for grant of Exchange Agreement Employment Permit
58. In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, an application for the grant of an Exchange Agreement Employment Permit shall be accompanied by a letter from the organisation operating the exchange agreement confirming that the exchange agreement applies to the foreign national in respect of whom the application for the grant of the Exchange Agreement Employment Permit is made.
Form of Exchange Agreement Employment Permit
59. Form G in Schedule 6 is prescribed as the form of an Exchange Agreement Employment Permit.
Part 11
Sport and Cultural Employment Permit
Name and purpose of Sport and Cultural Employment Permit
60. The name of the employment permit granted for the purpose referred to in section 3A(2)(
h
) of the Act shall be known as a ‘Sport and Cultural Employment Permit’.
Eligible employments and minimum annual remuneration for Sport and Cultural Employment Permit
61. (1) Subject to paragraph (2), the employments for which a Sport and Cultural Employment Permit may be granted are all employments required for the development and operation of sporting and cultural activities, and the minimum annual remuneration for which is the minimum amount of remuneration to be paid for 39 hours of work in each week for 52 weeks and in respect of which the minimum remuneration hourly rate is—
(
a
) declared by order under section 10D(1) (inserted by
section 8
of the
National Minimum Wage (Low Pay Commission) Act 2015
(No. 22 of 2015)) of the
National Minimum Wage Act 2000
(No. 5 of 2000), or
(
b
) where applicable, provided for in an employment regulation order made under section 42C(2) (inserted by
section 12
of the
Industrial Relations (Amendment) Act 2012
(No. 32 of 2012)) of the
Industrial Relations Act 1946
(No. 26 of 1946),
whichever is the higher.
(2) A Sport and Cultural Employment Permit shall not be granted in respect of an employment listed in Schedule 4.
Minimum number of hours of work under Sport and Cultural Employment Permit
62. The minimum number of hours of work required to be worked each week under a Sport and Cultural Employment Permit is 20.
Form of Sport and Cultural Employment Permit
63. Form H in Schedule 6 is prescribed as the form of a Sport and Cultural Employment Permit.
Part 12
Internship Employment Permit
Name and purpose of Internship Employment Permit
64. The name of the employment permit granted for the purpose referred to in section 3A(2)(i) of the Act shall be known as an ‘Internship Employment Permit’.
Eligible employments and minimum annual remuneration for Internship Employment Permit
65. The employments for which an Internship Employment Permit may be granted are the employments listed in Schedule 3, and the minimum annual remuneration for which is the minimum amount of remuneration to be paid for 39 hours of work in each week for 52 weeks and in respect of which the minimum remuneration hourly rate is—
(
a
) declared by order under section 10D(1) (inserted by
section 8
of the
National Minimum Wage (Low Pay Commission) Act 2015
(No. 22 of 2015)) of the
National Minimum Wage Act 2000
(No. 5 of 2000), or
(
b
) where applicable, provided for in an employment regulation order made under section 42C(2) (inserted by
section 12
of the
Industrial Relations (Amendment) Act 2012
(No. 32 of 2012)) of the
Industrial Relations Act 1946
(No. 26 of 1946),
whichever is the higher.
Documentation required for grant of Internship Employment Permit
66. In addition to the information and documents prescribed under paragraphs (2) and (3) of Regulation 8, as applicable, an application for the grant of an Internship Employment Permit shall be accompanied by—
(
a
) a letter from a third level institution outside the State—
(i) confirming that the foreign national is enrolled as a full-time student at that institution,
(ii) providing the name and description of the course of study in which the foreign national is enrolled,
(iii) providing the qualifications or skills with which the course of study is wholly or substantially concerned,
(iv) confirming that the employment in respect of which the application is made is wholly or substantially concerned with the course of study on which the foreign national is enrolled,
(v) confirming that the foreign national is required, for the completion of the course of study, to obtain experience in the practice of the skills or qualifications with which the course of study is concerned for a period of not more than 12 months in an employment that requires the practice of those skills or qualifications, and
(vi) confirming that the foreign national is required to return to the institution at the end of the 12 month period in order to complete the course of study, and
(
b
) a letter from the person who has made the offer of employment—
(i) confirming that the employment is for a period not exceeding 12 months, and
(ii) stating the employment, as listed in Schedule 3, in which the foreign national is to be employed.
Minimum number of hours of work under Internship Employment Permit
67. The minimum number of hours of work required to be worked each week under an Internship Employment Permit is 20.
Form of Internship Employment Permit
68. Form I in Schedule 6 is prescribed as the form of an Internship Employment Permit.
Part 13
Revocations and transitional arrangements
Revocations
69. Employment Permits Regulations 2014 (
S.I. No. 432 of 2014
), 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
), the Employment Permits (Amendment) (No. 2) Regulations 2016 (
S.I. No. 363 of 2016
) and the Employment Permits (Trusted Partner) (Amendment) Regulations 2016 (
S.I. No. 403 of 2016
) are revoked.
Transitional arrangements
70. Where, immediately before the coming into operation of these Regulations, an application has been made under the Employment Permits Regulations 2014 or the Employment Permits (Trusted Partner) Regulations 2015, but no decision has been made in relation to it—
(
a
) that application, and
(
b
) any review of a decision made in relation to that application,
shall be considered under these Regulations as if the application had been made after the coming into operation of these Regulations.
Regulation 7
Schedule 1
Fees
Employment permit category
Application fee for grant
Application fee for renewal
Critical Skills Employment Permit
€1,000
N/A
Intra-Company Transfer Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 24 months
€500 — 6 months or less €1,000 — more than 6 months, up to 24 months €1,500 — more than 24 months, up to 36 months
General Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 24 months
€750 — 6 months or less €1,500 — more than 6 months, up to 36 months
Contract for Services Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 24 months
€750 — 6 months or less €1,500 — more than 6 months, up to 36 months
Reactivation Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 24 months
€750 — 6 months or less €1,500 — more than 6 months, up to 36 months
Sport & Cultural Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 24 months
€750 — 6 months or less €1,500 — more than 6 months, up to 36 months
Internship Employment Permit
€500 — 6 months or less€1,000 — more than 6 months, up to 12 months
N/A
Regulations 8, 9 and 15
Schedule 2
Regulatory bodies or Government Minister from which or whom registration or recognition of qualifications required
Part A
Regulatory bodies from which a copy of the registration or licence, or alternatively a registration number, pin number or licence number, is required
Profession
Regulatory body responsible for registration of qualifications
Medical Practitioner
Medical Council of Ireland
Nurse and Midwife
Nursing and Midwifery Board of Ireland
Security Officer or Private Investigator
Private Security Authority
Part B
Regulatory bodies or Government Minister from which or whom a copy of the registration or recognition of qualifications is required
Profession
Regulatory body or Minister of Government responsible for registration or recognition of qualifications
Dentist
Dental Council
Radiographer & Radiation Therapist
Radiographers Registration Board, CORU
Specialist dentist in oral surgery
Register of Dental Specialists (Division of Oral Surgery) — Dental Council
Specialist dentist in orthodontics
Register of Dental Specialists (Division of Orthodontics) — Dental Council
Clinical dental technician
Register of Clinical Dental Technicians — Dental Council
Dental hygienist
Register of Dental Hygienists — Dental Council
Dental nurse
Register of Dental Nurses — Dental Council
Dietitian
Dietitians Registration Board, CORU
Occupational Therapist
Occupational Therapists Registration Board, CORU
Psychologist
Minister for Health
Speech and Language Therapist
Speech and Language Therapists Registration Board, CORU
Biochemist
Minister for Health
Chiropodist/Podiatrist
Minister for Health
Environmental Health Officer
Minister for Health
Social Worker
Social Workers Registration Board, CORU
Medical Scientist
Academy of Clinical Science and Laboratory Medicine
Physiotherapist
Irish Society of Chartered Physiotherapists
Emergency Medical Technician, Paramedic & Advanced Paramedic
Pre-Hospital Emergency Care Council
Pharmacist
Pharmaceutical Society of Ireland
Optometrist & Dispensing Optician
Optical Registration Board, CORU
Veterinary Practitioner & Veterinary Nurse
Veterinary Council of Ireland
Part C
Regulatory body or Government Minister that regulates the entry to or carrying on of the profession of the foreign national or of the employment concerned
Profession
Regulatory body or Minister of Government responsible for registration or recognition of qualifications
Accountant
Association of Chartered Certified Accountants
Association of International Accountants
Chartered Institute of Management Accountants
Chartered Institute of Public Finance and Accountancy
Institute of Certified Public Accountants in Ireland
Institute of Chartered Accountants in Ireland
Institute of Chartered Accountants in England and Wales
Institute of Chartered Accountants in Scotland
Institute of Incorporated Public Accountants
Approved Driving Instructor
Road Safety Authority
Archaeologist
National Monuments Service
Architect
Royal Institute of Architects of Ireland
Auctioneer/Estate Agent/Letting Agent/Management Agent
Property Services Regulatory Authority
Barrister
Honourable Society of King’s Inns
Building Energy Regulator
Sustainable Energy Authority of Ireland
Chartered Surveyor
Society of Chartered Surveyors Ireland (SCSI)
Chemist
Institute of Chemistry of Ireland
Electrician
Register of Electrical Contractors of Ireland
Electrical Contractors Safety & Standards Association
Chartered Engineer
Associate Engineer
Engineering Technician
Institute of Engineers of Ireland
Gas Installers
Register of Gas Installers of Ireland
Insolvency Service Practitioner
Insolvency Service of Ireland
Patent Agent
Irish Patents Office
Primary Teacher/Post Primary Teacher
The Teaching Council
Solicitor
Law Society of Ireland
Tax Consultant
Irish Tax Institute
Town Planner
Irish Planning Institute
Trade Mark Agent
Irish Patents Office
Regulations 18, 29, 31, 43, 44, 65 and 66
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 not elsewhere classified
221
Health Professionals
2211
Medical practitioners
2213
Industrial Pharmacists
2217
• Radiographers
• Radiation therapists
• Vascular technologists/physiologists
• Gastro Intestinal technologists/physiologists
• Respiratory physiologist
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
3213
• PHECC registered Paramedics
• PHECC registered Advanced Paramedic Practitioners
231
Teaching and Educational Professionals
2311
Academics who hold a qualification equivalent to Level 10 of the National Framework of Qualification in a given discipline awarded no less than two calendar years prior to the date of application for an employment permit, with a minimum of one academic year of relevant teaching experience, and the employment concerned is in a third level institution governed by the
Irish Universities Act 1997
(No. 24 of 1997) and the
Institutes of Technology Act 2006
(No. 25 of 2006).
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.
• Qualified accountants with at least three years’ auditing experience, who are full members of the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) and who have relevant work experience in the areas of US GAAP reporting and Global Audit and Advisory Services and the employment concerned is in MNC Global Audit Services.
• Tax consultants specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who have a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market.
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 18, 29, 31, 36, 43, 61
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 not elsewhere classified (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 not elsewhere classified(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 not elsewhere classified
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 only
3219
Other health associate professionals not elsewhere classified (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 not elsewhere classified
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 not elsewhere classified
344
Sports and Fitness Occupations
3443
Fitness instructors
352
Legal Associate Professionals
3520
Legal associate professionals(with the exception of employment of a person fluent in the official language, apart from English, of a State which is not a member of the EEA and who has market knowledge of that non-EEA state)
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 not elsewhere classified
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 not elsewhere classified
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 not elsewhere classified
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 not elsewhere classified
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 not elsewhere classified
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 not elsewhere classified
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, or
(d) specialist chefs each of whom is 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 not elsewhere classified
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 not elsewhere classified (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 not elsewhere classified(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 not elsewhere classified
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 not elsewhere classified
722
Customer Service Managers and Supervisors
7220
Customer service managers and supervisors
811
Process Operatives
8111
Food, drink and tobacco process operatives(with the exception of Computer Numerical Control Operative)
8112
Glass and ceramics process operatives(with the exception of Computer Numerical Control Operative)
8113
Textile process operatives(with the exception of Computer Numerical Control Operative)
8114
Chemical and related process operatives(with the exception of Computer Numerical Control Operative)
8115
Rubber process operatives(with the exception of Computer Numerical Control Operative)
8116
Plastics process operatives(with the exception of Computer Numerical Control Operative)
8117
Metal making and treating process operatives(with the exception of Computer Numerical Control Operative)
8118
Electroplaters(with the exception of Computer Numerical Control Operative)
8119
Other process operatives not elsewhere classified(with the exception of Computer Numerical Control Operative)
812
Plant and Machine Operatives
8121
Paper and wood machine operatives(with the exception of Computer Numerical Control Operative)
8122
Coal mine operatives(with the exception of Computer Numerical Control Operative)
8123
Quarry workers and related operatives(with the exception of Computer Numerical Control Operative)
8124
Energy plant operatives(with the exception of Computer Numerical Control Operative)
8125
Metal working machine operatives(with the exception of Computer Numerical Control Operative)
8126
Water and sewerage plant operatives(with the exception of Computer Numerical Control Operative)
8127
Printing machine assistants(with the exception of Computer Numerical Control Operative)
8129
Other plant and machine operatives not elsewhere classified(with the 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 not elsewhere classified
814
Construction Operatives
8141
Scaffolders, stagers and riggers
8142
Road construction operatives
8143
Rail construction and maintenance operatives
8149
Other construction operatives not elsewhere classified
821
Road Transport Drivers
8211
Large goods vehicle drivers(with the exception of heavy goods vehicle drivers who have a category CE or C1E driving licence)
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 not elsewhere classified
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 not elsewhere classified
911
Elementary Agricultural Occupations
9111
Farm workers
9112
Forestry workers
9119
Other fishing and other general agriculture occupations not elsewhere classified
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 not elsewhere classified
921
Elementary Administration Occupations
9211
Postal workers, mail sorters, messengers and couriers
9219
Other elementary administration occupations not elsewhere classified
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 not elsewhere classified
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 not elsewhere classified
925
Elementary Sales Occupations
9251
Shelf fillers
9259
Other elementary sales occupations not elsewhere classified
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 not elsewhere classified
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).
Regulation 56
Schedule 5
Exchange agreements in respect of which Exchange Agreement Employment Permits may be granted
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
31
st March
, 2017.
I, MARY MITCHELL O’CONNOR, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 10A, 14, 14A, 29 and 30 (as inserted or amended by
sections 13
,
17
,
18
,
29
and
30
of the
Employment Permits (Amendment) Act 2014
(No. 26 of 2014)) of the
Employment Permits Act 2006
(No. 16 of 2006) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 245 of 2011
)), hereby make the following regulations
Part 1
Preliminary
Citation