Employment Permits Act 2006

Restriction on grant of employment permit.

10.— (1) This section applies to an employment permit other than one granted on foot of an application by a foreign national.

(2) An employment permit to which this section applies shall not be granted unless the applicant satisfies the Minister that—

(a) he or she has taken all such steps as were reasonably open to him or her to offer the employment in respect of which the application is made to a citizen or a foreign national referred to in any of paragraphs (a) to (d) of section 2(10) of the Act of 2003 or to whom section 3 of that Act applies, and

(b) at the time of the application, more than 50 per cent of the employees of the applicant are nationals of any of the following, namely—

(i) one or more Member States of the EEA, or

(ii) the Swiss Confederation, or

(iii) a combination of any of the states referred to in subparagraphs (i) and (ii).

(3) This section is—

(a) in respect of subsection (2)(a), supplementary to Council Regulation (EEC) No. 1612/68 of 15 October 1968 on freedom of movement for workers within the Community, and

(b) in addition to the other requirements that this Act specifies must be satisfied with respect to the grant of an employment permit and is without prejudice to—

(i) any regulations for the time being in force under section 14 , and

(ii) section 2(11) of the Act of 2003.