Employment Permits Act 2024
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Regulations governing procedure in relation to applications for employment permits, etc. | ||
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50. (1) The Minister shall make regulations providing for the procedure relating to the making of an application for an employment permit under section 12 or the renewal of an employment permit under section 36 and the grant or renewal of an employment permit on foot of such an application and may, when making the regulations, make provision for the purposes specified in paragraphs (a) to (j) of section 9 (2) for which employment permits may be granted and the different classes of employment permit provided for in regulations under section 47 (1) in respect of those purposes. | ||
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following: | ||
(a) the form in which an application for an employment permit shall be made and the form of an employment permit; | ||
(b) the form in which an application for the renewal of an employment permit shall be made and the form of an employment permit as renewed; | ||
(c) the production to the Minister, with an application under section 12 , of information and documents as the Minister may— | ||
(i) without prejudice to the requirement under section 13 (a), specify, in respect of the employment concerned and the terms, conditions and the duration of it, | ||
(ii) without prejudice to the requirement under section 13 (c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made, | ||
(iii) in the case of an application for a sports and cultural employment permit and without prejudice to the requirement under section 13 (c), specify, in respect of the knowledge or expertise of the foreign national in relation to the sport or cultural activity concerned, | ||
(iv) without prejudice to the requirement under section 13 (e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it, | ||
(v) without prejudice to the requirement under section 13 (f), specify, concerning— | ||
(I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice to land in the State or to be in the State, and | ||
(II) any application, made before the date on which the application under section 12 is made, to the Minister for Justice for which the foreign national has sought permission to land in the State or to be in the State, | ||
(vi) without prejudice to the requirement under section 13 (f), specify, concerning the employment in the State of the foreign national in respect of whom the application is made, at the time of the application or at any other time, | ||
(vii) specify, concerning the identity of the foreign national in respect of whom the application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (j), | ||
(viii) without prejudice to the requirement under section 13 (i), specify, in respect of the requirement under section 12 (10) in relation to— | ||
(I) the employment of any person employed in the employment that is the subject of the application in the period referred to in section 12 (10), and | ||
(II) the dismissal by reason of redundancy within that period of any person employed in the employment that is the subject of the application, | ||
and | ||
(ix) specify, in respect of— | ||
(I) without prejudice to subsection (1), the making of an application under section 12 , | ||
(II) without prejudice to the requirement under section 13 , any matter specified in paragraphs (a) to (m) of section 13 , | ||
(III) the requirement under section 22 for the employees referred to in that section to be nationals of the states referred to in that section and the matters specified in section 22 (3), | ||
(IV) without prejudice to the generality of subsection (1), a purpose specified in section 9 (2), and | ||
(V) any other requirement under this Act that, in respect of the grant of an employment permit, is required to be satisfied; | ||
(d) the production to the Minister, with an application under section 36 to renew an employment permit, of information and documents as the Minister may— | ||
(i) specify, in respect of the employment that is the subject of such application and the terms and conditions of that employment, | ||
(ii) specify, in respect of the qualifications, skills and knowledge, of the foreign national in respect of whom the application is made, | ||
(iii) specify, in respect of— | ||
(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and | ||
(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made, | ||
(iv) specify, that have been issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made, | ||
(v) specify, concerning the permission given by the Minister for Justice to the foreign national in respect of whom such application is made to land in the State or to be in the State during the period for which the employment permit has been in force, | ||
(vi) specify, concerning the identity of the foreign national in respect of whom such application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (j), | ||
(vii) specify, in respect of— | ||
(I) without prejudice to the generality of subsection (1), the making of an application to renew an employment permit under section 36 , | ||
(II) without prejudice to the generality of subsection (1), the requirements under section 22 , referred to in paragraph (c)(ix)(III), in relation to an application for the renewal of an employment permit, | ||
(III) without prejudice to the generality of subsection (1), a purpose referred to in section 9 (2), and | ||
(IV) any other requirement under this Act that, in respect of the renewal of an employment permit, is required to be satisfied, | ||
and | ||
(viii) in the case of an application for the renewal of a general employment permit or seasonal employment permit, specify concerning— | ||
(I) any accommodation, training or expenses required by regulations made in accordance with section 47 (12) to be provided to the foreign national to whom the employment permit was granted, and | ||
(II) any measures required, pursuant to regulations made in accordance with section 47 (12), to be taken by the employer of the foreign national to whom the employment permit was granted; | ||
(e) the production to the Minister, with an application under section 12 of documents and evidence to verify such documents— | ||
(i) demonstrating that the person identified in the application in accordance with section 12 (6), or as the case may be the connected person, is registered with the Revenue Commissioners, | ||
(ii) where the person identified in the application in accordance with section 12 (6), or as the case may be the connected person, is a company within the meaning of the Companies Act 2014 , relating to the registration of the company pursuant to that Act, | ||
(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the person identified in the application in accordance with section 12 (6), or the connected person where that person has a registered business name, and | ||
(iv) where the person identified in the application in accordance with section 12 (6), or the connected person is— | ||
(I) a limited partnership under the Limited Partnerships Act 1907, documents and evidence relating to the registration of the limited partnership under that Act, | ||
(II) an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021, | ||
(III) a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and | ||
(IV) a trade union, documents and evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990; | ||
(f) the production to the Minister with an application for a renewal of an employment permit under section 36 of documents and evidence referred to in paragraph (e); | ||
(g) without prejudice to paragraph (c), in the case of an application for an intra company transfer employment permit or a contract for service employment permit, the production to the Minister, with an application under section 12 , of information and documents as the Minister may specify in respect of— | ||
(i) the remuneration paid to the foreign national concerned, | ||
(ii) the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, | ||
(iii) the translations of any information or document relating to such remuneration, | ||
(iv) the payment to the foreign national of the additional payment referred to in section 24 (2) and (3) and section 25 (2) and (3), and | ||
(v) the arrangements for making the additional payment referred to in subparagraph (iv), | ||
and, without prejudice to paragraph (a), the Minister may specify the form in which such information is to be provided to the Minister; | ||
(h) without prejudice to paragraph (d), in the case of an application for the renewal of an intra-company transfer employment permit or a contract for service employment permit, the production to the Minister, with an application under section 36 , of— | ||
(i) information and documents as the Minister may specify in respect of— | ||
(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and | ||
(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made, | ||
(ii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made, | ||
(iii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration and tax paid by the connected person, the foreign employer, contractor or subcontractor, as the case may be, | ||
(iv) information and documents as the Minister may specify in respect of the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, and | ||
(v) information and documents as the Minister may specify in respect of the translations of any information or document relating to such remuneration, | ||
and without prejudice to paragraph (b), the form in which such information is to be provided to the Minister; | ||
(i) the form of the notification referred to in sections 44 and 45 and the information and documents the Minister may require to be satisfied— | ||
(i) that, for the purposes of sections 44 and 45 , the dismissal by an employer of a foreign national referred to in section 44 or 45 is a dismissal by reason of redundancy, and | ||
(ii) the date on which the redundancy takes effect; | ||
(j) the specification of the minimum period for which a passport referred to in paragraphs (c) and (d) shall be in force on the date of an application for the grant, or renewal, of an employment permit; | ||
(k) the period within which any information or documents, including additional information or documents requested by the Minister relating to the grant or renewal of an employment permit, shall be furnished to the Minister; | ||
(l) the production to the Minister, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or documents previously furnished to the Minister in respect of an application for the grant or renewal of an employment permit. | ||
(3) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal of an employment permit, to the Minister of— | ||
(a) in the case of an application for the grant or renewal of a contract for service employment permit, information and documents in respect of the contract service agreement concerned, | ||
(b) in the case of an application for the grant or renewal of an intra-company transfer employment permit or a contract for service employment permit, information and documents relating to— | ||
(i) the business carried on by a connected person and a foreign employer and the connection between the connected person and the foreign employer, and | ||
(ii) the arrangements made by a connected person, foreign employer, contractor or subcontractor for accommodation, board and health insurance referred to in section 3 (1)(b)(iii) provided for the foreign nationals, | ||
and | ||
(c) such evidence as the Minister may reasonably require in order to verify such information or documents. | ||
(4) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, with an application under section 12 , of information, documents and evidence to verify such information and documents as the Minister may require to be satisfied— | ||
(a) that the exchange agreement applies to the foreign national in respect of an application for the grant of an exchange agreement employment permit, and | ||
(b) that, in respect of an application for the grant of an internship employment permit— | ||
(i) the third level institution outside the State confirms— | ||
(I) that the foreign national is enrolled as a full-time student at that institution and the name and description of the course of study in which the foreign national is enrolled, | ||
(II) the qualifications or skills with which the course of study is wholly or substantially concerned, | ||
(III) 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, | ||
(IV) the requirement referred to in section 9 (2)(i)(iii), and | ||
(V) that the foreign national is required to return to that institution at the end of the period referred to in section 9 (2)(i)(iii) in order to complete that course of study, | ||
and | ||
(ii) the person who has made the offer of employment concerned confirms that— | ||
(I) the employment is for a period not exceeding the period referred to in section 9 (2)(i)(iii), and | ||
(II) the employment is wholly or substantially concerned with the skills or qualifications referred to in section 9 (2)(i). | ||
(5) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal or a seasonal employment permit, to the Minister of— | ||
(a) information and documents relating to the arrangements made by the approved seasonal employer for accommodation and health insurance referred to in section 3 (1)(c)(iii) and transport, where applicable, provided for foreign nationals, and | ||
(b) such evidence as the Minister may reasonably require in order to verify such information or documents. | ||
(6) The Minister shall make regulations providing for the procedure relating to the making of an application for approval as an approved seasonal employer under section 10 and may, when making the regulations, make different provision for different employments or categories of employment and in relation to different cases and different classes of cases and different circumstances or different classes of circumstances. | ||
(7) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may make provision for all or any of the following: | ||
(a) the form in which an application for approval as an approved seasonal employer shall be made and the form of an approved seasonal employer certificate; | ||
(b) the production to the Minister, with an application for approval as an approved seasonal employer, of information and documents as the Minister may specify in respect of— | ||
(i) the proposed employment to which the application relates and the terms and conditions, including the hours of work in each week, and the duration of the proposed employment concerned, | ||
(ii) the business carried on by the applicant to which the seasonally recurrent employment concerned relates, | ||
(iii) the place at which the business referred to in subparagraph (ii) is to be carried out, | ||
(iv) the remuneration that is proposed to be paid by the person to the foreign nationals proposed to be employed under a seasonal employment permit and any deductions to be made from that remuneration, | ||
(v) the making of an application for approval as an approved seasonal employer, and | ||
(vi) any other requirement under this Act that, in respect of the approval as an approved seasonal employer and, where applicable, the grant or renewal of a seasonal employment permit, is required to be satisfied; | ||
(c) the production to the Minister, with an application for approval as an approved seasonal employer, of documents and evidence to verify such documents— | ||
(i) demonstrating that the applicant is registered with the Revenue Commissioners, | ||
(ii) where the applicant is a company within the meaning of the Companies Act 2014 , relating to the registration of the company pursuant to that Act, | ||
(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the applicant where the applicant has a registered business name, and | ||
(iv) where the applicant is— | ||
(I) a limited partnership under the Limited Partnerships Act 1907, documents and evidence relating to the registration of the limited partnership under that Act, | ||
(II) an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021, | ||
(III) a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and | ||
(IV) a trade union, documents and evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990; | ||
(d) the period within which any information or documents, including additional information or documents requested by the Minister relating to approval as an approved seasonal employer, shall be furnished to the Minister; | ||
(e) the production to the Minister, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or documents previously furnished to the Minister in respect of an application for approval as an approved seasonal employer. | ||
(8) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may provide for the production, with an application for approval as an approved seasonal employer, to the Minister of— | ||
(a) information and documents relating to the arrangements made, or proposed to be made, by the applicant for— | ||
(i) accommodation and health insurance referred to in section 3 (1)(c)(iii), | ||
(ii) any accommodation, training or expenses required by regulations made in accordance with section 47 (12)(a), where applicable, and | ||
(iii) transport, where applicable, | ||
to be provided for foreign nationals proposed to be employed by the applicant under a seasonal employment permit, | ||
(b) information and documents concerning any measures required, pursuant to regulations made in accordance with section 47 (12)(b), to be taken by the applicant, where applicable, and | ||
(c) such evidence as the Minister may reasonably require in order to verify such information or documents. | ||
(9) The Minister may, in respect of an application under section 27 or 29 , make regulations under this section specifying— | ||
(a) the information and documents to be provided to the Minister that relate to the making of an application to change the employer specified in an employment permit under section 27 or 29 , | ||
(b) the form in which an application under section 27 or 29 is to be made, | ||
(c) the production to the Minister, with an application under section 27 , of documents and evidence referred to in section 50 (2)(e), and | ||
(d) the procedure for the making of an application under section 27 or 29 and for the approval of the change of employer on foot of such an application. | ||
(10) The Minister may, in respect of the notification referred to in section 26 , make regulations under this section specifying— | ||
(a) the information and documents to be provided to the Minister that relate to the transfer, and the change of name, that arises pursuant to such transfer, of— | ||
(i) the employer or connected person specified in an employment permit referred to in that section, or | ||
(ii) the relevant person, | ||
(b) the form in which the notification under section 26 is to be made, and | ||
(c) the procedure for the making of that notification. | ||
(11) The Minister may, in respect of the notification referred to in section 31 (2), make regulations under this section specifying— | ||
(a) the information and documents to be provided to the Minister that relate to the matters referred to in section 31 (3), | ||
(b) the form in which the notification under section 31 (2) is to be made, and | ||
(c) the procedure for the making of that notification. | ||
(12) Without prejudice to subsections (1), (2) and (6), in regulations under this section, the Minister may provide for the production to the Minister, with an application for the grant or renewal of an employment permit, an application for approval as an approved seasonal employer or an application under section 27 or 29 , of information, documents and evidence to verify such information and documents concerning— | ||
(a) compliance by a person who makes an offer of employment or a person applying for approval as an approved seasonal employer with an enactment, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, | ||
(b) compliance by a contractor, subcontractor, relevant person or connected person with an enactment, as the Minister may specify in the regulations, with which compliance is required by such contractor, subcontractor, relevant person or connected person in order to carry on his or her business, | ||
(c) compliance by a person who makes an offer of employment or a person applying for approval as an approved seasonal employer with a requirement, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, | ||
(d) compliance by a contractor, subcontractor, relevant person or connected person with a requirement as the Minister may specify in regulations, with which compliance is required by such contractor, subcontractor, relevant person or connected person in order to carry on his or her business, and | ||
(e) without prejudice to paragraphs (a) and (b), compliance by a person who makes an offer of employment, a person applying for approval as an approved seasonal employer, a contractor, subcontractor or connected person with the Act of 1997 that is in addition to the documents and evidence that may be specified in regulations under subsections (2)(e)(i) and (2)(f), | ||
and the Minister may make different provision for different cases and different classes of cases and different circumstances and different classes of circumstances. | ||
(13) In regulations under this section, the Minister may provide for the procedure for the payment of any fee that is to accompany an application for the grant or renewal of an employment permit or an application under section 27 . | ||
(14) The Minister may make regulations providing for the procedures in relation to the submission of a decision for review under section 11 (5), section 28 (5) (including as applied by section 30 (4)), section 35 or section 41 and the carrying out of such a review and, without prejudice to the generality of the foregoing, such regulations may make provision for all or any of the following: | ||
(a) the form in which such a submission is to be made; | ||
(b) the furnishing of specified information to the person carrying out the review for the purposes of the review; | ||
(c) the furnishing of such additional information as that person thinks appropriate for the purposes of the review; | ||
(d) the period within which any such information, including any additional such information requested by that person, shall be furnished; | ||
(e) the production to that person, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or particulars previously furnished to him or her for the purposes of the review. | ||
(15) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, in respect of the grant or renewal of a dependant employment permit of information, documents and evidence to verify such information, with— | ||
(a) an application under section 12 for the grant of an employment permit, or | ||
(b) an application under section 36 for the renewal of an employment permit, | ||
that the Minister may reasonably require in order to satisfy himself or herself that the foreign national in respect of whom the application is made is a dependant of a primary permit holder and satisfies the requirements of section 14 (2) or is a dependant of a research project researcher and satisfies the requirements of section 14 (3) and in so providing may include information, documents and evidence referred to in paragraphs (a) to (g) of subsection (16). | ||
(16) The information, documents and evidence referred to in subsection (15) that may be included in regulations under this section are information, documents and evidence verifying such information and documents in respect of— | ||
(a) the nature of the dependence of a foreign national, in respect of whom an application for a dependant employment permit is made, on the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of birth certificates or other documents providing evidence of the nature of such dependence, | ||
(b) the identity of the primary permit holder and the grant to him or her of a critical skills employment permit, | ||
(c) the identity of the research project researcher, | ||
(d) the permission— | ||
(i) given to a primary permit holder referred to in section 14 (2)(a) to be in the State and be in employment in the State, | ||
(ii) referred to in section 8 (1)(f) given to a primary permit holder referred to in section 14 (2)(b), and | ||
(iii) given to the foreign national in respect of whom the application for a dependant employment permit is made, to land in the State and reside in the State, | ||
(e) in the case of a research project researcher referred to in section 14 (3)(b), the permission referred to in section 8 (1)(f) given to him or her and the permission given to the foreign national in respect of whom the application for a dependant employment permit is made, to land in the State and reside in the State, | ||
(f) the verification, by the employer of the primary permit holder, that the primary permit holder is in employment with the employer, and | ||
(g) the verification— | ||
(i) that the research project researcher is carrying out research in the State pursuant to Directive 2005/71/EC by the person in the State with whom that research is being carried out, and | ||
(ii) by the employer of a research project researcher referred to in section 14 (3)(b), of the employment of the research project researcher. | ||
(17) Regulations under this section may make provision for— | ||
(a) the making of an application under section 10 , 11 , 12 , 27 , 29 or 36 , | ||
(b) the issue of an employment permit under section 21 , 27 (15), 29 (14) or 31 (4)(c), | ||
(c) the issue of an approved seasonal employer certificate under section 10 (6), or | ||
(d) the giving of any notice in writing required to be given under this Act, | ||
by electronic means and through such electronic systems as the Minister may make available for any such purpose. |