S.I. No. 510/2020 - Employment Permits (Amendment) (No. 2) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th November, 2020.

I, LEO VARADKAR, Tánaiste and Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 14 , 29 and 30 (as amended by sections 17 , 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 Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2020.

(2) The collective citation “the Employment Permits Regulations 2017 to 2020” includes these Regulations.

2. In these Regulations “Principal Regulations” means the Employment Permits Regulations 2017 ( S.I No. 95 of 2017 ).

3. The Principal Regulations are amended by substituting for Schedule 3 (as amended by Regulation 7 of the Employment Permits (Amendment) (No. 3) Regulations 2019 ( S.I. No. 633 of 2019 )) the Schedule set out in the Schedule to these Regulations.

4. Schedule 5 to the Principal Regulations is amended by inserting after paragraph 4 the following paragraph:

“5. Vulcanus in Europe Programme (Ireland)”.

Regulation 3

Schedule

New Schedule 3 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

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).”

/images/ls

GIVEN under my Official Seal,

22 October, 2020.

LEO VARADKAR,

Tánaiste and Minister for Business, Enterprise and Innovation

EXPLANATORY NOTE

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

These Regulations amend the Employment Permits Regulations 2017 to provide for the following:

• An amendment to simplify the wording with regard to eligible nurses and midwives listed in Schedule 3

• To add an exchange agreement to the list in Schedule 5

These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2020.