S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 (2021_si_286) | IE

ISB SI

Reg. 1 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

1. (1) These Regulations may be cited as the Employment Permits (Amendment) Regulations 2021.

(2) The Principal Regulations, the Employment Permits (Amendment) Regulations 2018 (

S.I. No. 70 of 2018

), the Employment Permits (Amendment) (No. 2) Regulations 2018 (No. 163 of 2018), the Employment Permits (Amendment) (No. 3) Regulations 2018 (

S.I. No. 318 of 2018

), the Employment Permits (Amendment) (No. 4) Regulations 2018 (

S.I. No. 550 of 2018

), the Regulations of 2019, the Employment Permits (Amendment) (No. 2) Regulations 2019 (

S.I. No. 333 of 2019

), the Regulations (No. 3) of 2019, the Employment Permits (Amendment) Regulations 2020 (

S.I. No. 156 of 2020

), the Regulations of 2020 and these Regulations may be cited together as the Employment Permits Regulations 2017 to 2021.

Definitions

ISB SI

Reg. 2 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

2. In these Regulations—

“Principal Regulations” means the Employment Permits Regulations 2017 (

S.I No. 95 of 2017

);

“Regulations (No. 3) of 2019 means the Employment Permits (Amendment) (No. 3) Regulations 2019 (

S.I. No. 633 of 2019

);

“Regulations of 2019” means the Employment Permits (Amendment) Regulations 2019 (

S.I. No. 138 of 2019

);

“Regulations of 2020” means the Employment Permits (Amendment) (No. 2) Regulations 2020 (

S.I. No. 510 of 2020

).

Amendment of Regulation 8(2) of Principal Regulations

ISB SI

Reg. 3 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

3. Regulation 8(2) (as amended by Regulation 4 of the Regulations (No. 3) of 2019) of the Principal Regulations is amended—

(

a

) in subparagraph (l), by substituting “the application is made;” for “the application is made; and”,

(

b

) in subparagraph (m), by substituting “(including language training); and” for “(including language training).”, and

(

c

) by inserting after subparagraph (m) the following subparagraph

“(n) in the case of an application for employment as a healthcare assistant, where the foreign national in respect of whom the application is made has been in employment in the State on an employment permit as a healthcare assistant for two years or more, a copy of the foreign national’s relevant Level 5 Quality and Qualifications Ireland (QQI) qualification.”.

Amendment of Regulation 9(2) of Principal Regulations

ISB SI

Reg. 4 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

4. Regulation 9(2) (as amended by Regulation 7(a) of the Regulations of 2019) of the Principal Regulations is amended—

(

a

) in subparagraph (k), by substituting “as may be required;” for “as may be required; and”,

(

b

) in subparagraph (l), by substituting “permit holder; and” for “permit holder.”, and

(

c

) by inserting after subparagraph (l) the following subparagraph

“(m) in the case of an application for employment as a healthcare assistant, where the permit holder in respect of whom the application is made has been in employment in the State on an employment permit as a healthcare assistant for two years or more, a copy of the permit holder’s relevant Level 5 Quality and Qualifications Ireland (QQI) qualification.”.

Amendment of Regulation 29(1) of Principal Regulations

ISB SI

Reg. 5 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

5. Regulation 29(1) (as amended by Regulation 10 of the Regulations of 2019) of the Principal Regulations is amended by substituting for subparagraphs (dd) and (e) the following subparagraphs

“(

e

) in the case of employment as a horticulture worker, meat processor operative or dairy farm assistant, the minimum remuneration is €22,000 and in respect of which the minimum hourly rate of remuneration is €10.85,

(

f

) in the case of employment as a healthcare assistant, the minimum remuneration is €27,000 and in respect of which the minimum hourly rate of remuneration is €13.31, or

(

g

) 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.”.

Amendment of Schedule 2 to Principal Regulations

ISB SI

Reg. 6 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

6. The Principal Regulations are amended by substituting for Part B of Schedule 2 (as amended by Regulation 12 of the Regulations of 2019) the following

“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

Physiotherapists Registration Board, CORU

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

”.

Amendment of Schedules 3 and 4 to Principal Regulations

ISB SI

Reg. 7 S.I. No. 286/2021 - Employment Permits (Amendment) Regulations 2021 Open official source

7. The Principal Regulations are amended by substituting for Schedules 3 (as amended by Regulation 3 of the Regulations of 2020) and 4 (as amended by Regulation 7 of the Regulations (No. 3) of 2019) the Schedules set out in the Schedule to these Regulations.

Regulation 7

Schedule

New Schedules 3 and 4 to Principal Regulations

“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

112

Production Managers and Directors

1122

Site Manager

113

ICT Professionals

1136

Information technology and telecommunications directors

118

Health and Social Services Managers and Directors

1181

Senior health services and public health managers and directors

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

2121

• Civil Engineers

• Structural Engineers and Site Engineers

2122

Mechanical engineers

2123

Electrical engineers

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

• Setting Out Engineer

• Façade Designer

213

Information Technology and Telecommunications Professionals

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

2219

• Audiologists

• Perfusionists

• Dietician

222

Therapy Professionals

2229

Orthoptists

223

Nursing and Midwifery Professionals

2231

Registered Nurses

2232

Registered Midwives

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), the

Institutes of Technology Act 2006

(No. 25 of 2006) and the

Technological Universities Act 2018

(No. 3 of 2018); or

• involves delivering a programme largely or wholly concerned with information and communications technology, which leads to a major award at QQI level 8 and/or level 9 as validated by Quality and Qualifications Ireland.

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), Philippine Institute of Certified Public Accountants (PICPA) and the Institute of Chartered Accountants of Pakistan (ICAP) and whom 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 consultant specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, and has 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

243

Architects, Town Planners and Surveyors

2431

Architect

2433

Quantity surveyors

2435

Architectural Technologist

2436

Construction project managers

246

Quality and Regulatory Professionals

2461

Quality control and planning engineers

2462

Quality assurance and regulatory professionals

2463

Environmental health professionals

247

Media Professionals

2473

Art Director in 2D or 3D animation, with at least one year’s experience in the role

321

Health Associate Professionals

3213

• PHECC registered Paramedics

• PHECC registered Advanced Paramedic Practitioners

3218

• Prosthetists

• Orthotists

• Respiratory physiologist

341

Artistic, Literary and Media Occupations

3411

Animation Background and Design Artist in 2D or 3D animation, with at least one year’s experience in the role

342

Design Occupations

3421

• Location Designer in 2D or 3D animation, with at least one year’s experience in the role

• Character Designer in 2D or 3D animation, with at least one year’s experience in the role

• Prop Designer in 2D or 3D animation, with at least one year’s experience in the role

• Animation Layout Artist in 2D or 3D animation, with at least one year’s experience in the role

344

Sports and Fitness Occupations

3442

High performance coaches and directors employed by

• National sports organisations, or

• High profile sports organisations engaging in international competition

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, 43, and 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) (with the exception of Safety Manager)

222

Therapy Professionals

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

2443

Probation officers

2449

Other welfare professionals not elsewhere classified

312

Draughtspersons and Related Architectural Technicians

3121

Town planning technicians

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

(with the exception of career guidance teachers in secondary schools)

3565

Inspectors of standards and regulations

3567

Health and safety officers

(with the exception of Construction 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

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

5214

Metal plate workers, and riveters

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

Masons

5313

Roofers, roof tilers and slaters

5314

Plumbers and heating and ventilating engineers

5315

Carpenters and joiners

(with the exception of shuttering carpenters)

5319

Other construction and building trades not elsewhere classified

532

Building Finishing Trades

5322

Floorers and wall tilers

5323

Painters and decorators

533

Construction and Building Trades Supervisors

5330

Construction and building trades supervisors

(with the exception of Foreman)

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 –

• Executive Chef with minimum of 5 years’ experience

• Head Chef with minimum of 5 years’ experience

• Sous Chef with minimum of 5 years’ experience

• Chef de Partie with minimum of 2 years’ experience

• Commis Chef with minimum of 2 years’ experience

who will be employed 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

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 and Meat processor operative)

8112

Glass and ceramics process operatives