S.I. No. 444/2024 - Employment Permits Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th September, 2024.

ARRANGEMENT OF REGULATIONS

CONTENTS

I, PETER BURKE, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 4 , 9 , 11 , 12 , 13 , 15 , 18 , 19 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 39 , 40 , 41 , 43 , 44 , 45 , 46 , 47 , 50 and 63 of the Employment Permits Act 2024 (No. 17 of 2024), hereby make the following regulations:

Part 1

PRELIMINARY

Citation

1. These Regulations may be cited as the Employment Permits Regulations 2024.

Commencement

2. These Regulations shall come into operation on 2 September 2024.

Interpretation

3. In these Regulations—

“Act” means the Employment Permits Act 2024 (No. 17 of 2024);

“carer of a person with exceptional medical needs” means a person who—

(a) is a qualified medical professional and is caring for a person with a severe medical condition in a domestic dwelling, or

(b) is caring for a person with special care needs in a domestic dwelling, in circumstances where—

(i) he or she has a long history of caring for the person concerned,

(ii) the relationship between the two persons is a significant aspect of the quality of care being provided, and

(iii) there are no alternative care options;

“connected person” means a person carrying on business in the State who is connected to a foreign employer;

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;

“contractor”, in relation to a contract service agreement, means the person who agrees to provide, cause, or arrange for, services the subject of the contract service agreement to be rendered for or on behalf of a relevant person;

“Department” means the Department of Enterprise, Trade and Employment;

“dependant” means a foreign national who—

(a) has been determined by the Minister for Justice to be a dependant, other than the spouse or civil partner, of a primary permit holder or a research project researcher,

(b) has, since he or she landed in the State, resided in the State on a continual basis,

(c) is not in full-time education, and

(d) resides with the primary permit holder or the research project researcher referred to in paragraph (a);

“domestic worker” means any person engaged in domestic work performed in or for a household or households, such as child rearing and housework, within an employment relationship, other than care services that provide assistance to vulnerable people with grooming, personal hygiene, preparing meals and providing emotional support and basic medical care;

“EEA contractor” means a contractor whose principal place of business is located within a Member State of the EEA;

“employment detail summary” means the record provided by the Revenue Commissioners detailing employees’ pay and income tax deductions for each job or pension;

“employer registered number” means the number issued by the Revenue Commissioners to an employer;

“EURES” means the European cooperation network of employment services which covers all European Union countries as well as Iceland, Liechtenstein, Norway and Switzerland;

“fast food outlet” means a type of quick service food establishment where precooked or quickly prepared food such as burgers, chips or pizza is served, whether dine in, take at the counter to go, or drive through;

“foreign employer” means a person carrying on business outside the state;

“frequent user” means a person who has made an application under Part 2 and who the Minister has provided with a frequent user registration number for use in subsequent employment permit applications;

“frequent user registration” means registration pursuant to an application made under Part 2 whereby a person who will make an offer of employment, an employer, a connected person or an EEA contractor can provide the Minister with certain information required under the Act in relation to their business, and as the case may be, connections or contract service agreements, in advance of such person, employer, connected person or EEA contractor making an application for an employment permit;

“Irish residence permit registration number” means the registration number associated with the grant of an Irish residence permit by the Department of Justice;

“pin” means personal identification number;

“registered charity number” (RCN) means the charitable status number provided by the Charities Regulator;

“registered medical practitioner” has the meaning assigned to it in section 2 of the Medical Practitioners Act 2007 (No. 25 of 2007);

“relevant person” in relation to a contract service agreement, means the person for whom, or on whose behalf, services are rendered under the contract service agreement;

“restaurant” means any premises which are structurally adapted and used for the purpose of supplying substantial meals to the public for consumption on the premises and in which any other business carried on is ancillary and subsidiary to the provision of such meals;

“subcontractor”, in relation to a contract service agreement, means a person who enters into an agreement with a contractor to provide services (in whole or in part) the subject of the contract service agreement;

“statement of account” means the record provided by the Revenue Commissioners to employers detailing the overall financial position including the declared liabilities, payments made and the balance due for payment;

“statutory minimum hourly rate of remuneration” means the hourly rate of remuneration—

(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),

(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), or

(c) where applicable, provided for in a sectoral employment order made under section 17 of the Industrial Relations (Amendment) Act 2015 (No. 27 of 2015),

whichever is the higher;

“tax clearance access number” means the unique number assigned by the Revenue Commissioners to a tax clearance certificate;

“vacancy reference number” means the identification number assigned to each vacancy added to the Jobs Ireland portal maintained by the Minister for Social Protection.

Part 2

FREQUENT USER REGISTRATION

Application for frequent user registration

4. (1) Applications for frequent user registration, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister.

(2) The following information and documents shall be provided with an application for frequent user registration:

(a) where the person who will make the offer of employment, or, as the case may be, the employer, connected person or EEA contractor, 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 employer registered number;

(b) where the person who will make the offer of employment, or, as the case may be, the employer, connected person or EEA contractor, does not come under subparagraph (a), a copy of the statement of account issued by the Revenue Commissioners to the employer or, as the case may be, dated within the 3 month period preceding the frequent user registration application;

(c) 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—

(i) a tax clearance access number in respect of the person who will make the offer of employment, the employer or the connected person,

(ii) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and

(iii) a letter from the relevant official agency confirming that the person who will make the offer of employment, the employer or the connected person, has registered its premises in accordance with Article 6(2) of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004¹ and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 to 2020;

(d) where the person who will make the offer of employment or the employer is required to obtain permission from the Minister for Justice to operate a business in the State, a copy of the appropriate permission;

(e) 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, the registered charity number;

(f) in respect of applications by connected persons, documentary evidence of the connection(s) between the connected person and the foreign employer(s); and

(g) in respect of applications by EEA contractors, information and documentary evidence in relation to the contract service agreement(s) under which it is proposed that employees will be providing services.

Time period of frequent user registration

5. Frequent user 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(2) is no longer valid or applicable, or

(b) the person who will make the offer of employment, or, as the case may be, the employer, EEA contractor or connected person, has been convicted of an offence under the Act, the Immigration Act 2004 (No. 1 of 2004) or an enactment specified in Schedule 1 to the Act.

Application for renewal of frequent user registration

6. (1) Applications for renewal of a frequent user registration, whether by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister.

(2) The following information and documents shall be provided with an application for renewal of a frequent user registration:

(a) the statement of account issued by the Revenue Commissioners to the person who will make the offer of employment, employer, connected person or EEA contractor, as appropriate, dated within the 3 month period preceding the application to renew frequent user registration;

(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 a tax clearance access number 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 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, the registered charity number;

(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

APPLICATIONS FOR EMPLOYMENT PERMITS (NEW AND RENEWALS)

Fees

7. (1) Subject to paragraphs (3) to (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 Act shall be made—

(a) where the application is made in paper form, in the form of electronic transfer to an account of the Department, or 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, specified from time to time for this purpose by the Minister, or

(b) where the application is made by electronic means, in the form of electronic credit or debit card payment.

(3) A fee shall not be payable in respect of an application for the grant or renewal of an employment permit in the following classes of application:

(a) where the person proposing to employ the foreign national, or, as the case may be, the employer or the connected person, has a registered charity number;

(b) where the application concerns a foreign national who is the spouse or civil partner of a person who is a national of a Member State of the EEA, a national of the Swiss Confederation or a citizen of the United Kingdom of Great Britain and Northern Ireland, provided that the application is accompanied by—

(i) 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

(ii) a copy of the relevant marriage certificate or civil partnership registration.

(4) A portion of 90% is prescribed as the portion of a fee that shall be returned in the event of an application for the grant or renewal of an employment permit being refused or withdrawn.

(5) A portion of 100% is prescribed as the portion of a fee that shall be returned in the event of the Minister being of the opinion that an application for the grant of an employment permit is incomplete in any material respect.

Applying for new employment permit – form and information to be provided

8. (1) An application for the grant of an employment permit, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister.

(2) The following information, documents and evidence, in relation to the foreign national in respect of whom the application is made, shall be provided with an application for the grant of an employment permit:

(a) where the 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, taken in the previous six months, in the relevant form and specification as specified by the Minister;

(b) where the application is made by electronic means, copies of signed declarations as may be required to be provided by electronic means;

(c) clear copies of the relevant pages of the passport of the foreign national, showing his or her picture, personal details, passport expiry date 6 months or more after the date of application, and his or her signature;

(d) if applicable, a copy of the Irish Residence Permit card, front and back, clearly showing the Irish residence permit registration number of the foreign national or, if not available, a full clear copy of current immigration stamp and visa of the foreign national;

(e) a copy of the signed contract of employment between the person who makes the offer of employment, or, as the case may be, the employer, the foreign employer, the contractor, or the subcontractor, and the foreign national;

(f) 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 with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin issued by that regulatory body;

(g) 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 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;

(h) in the case of an application for employment in a profession listed in Part B or Part C of Schedule 2—

(i) a copy of the registration of the foreign national with the appropriate regulatory body or Government Minister listed in that Schedule, or

(ii) a copy of the recognition of the qualifications of the foreign national with that regulatory body or Government Minister,

save that, in the case of an application for employment of the following persons, no such documentation is required:

(I) a qualified accountant with at least three years’ auditing experience, who is a full member 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 has 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

(II) a tax consultant specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who has a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market;

(i) where applicable, a copy of the registration, held by the foreign national, 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 carer of a person with exceptional medical needs—

(i) copies of qualifications confirming that the foreign national 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—

(I) 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 the person has special care needs, and

(II) either—

(A) payslips or a copy of, or electronic access to, an employment detail summary demonstrating that the foreign national in respect of whom the application is made has a long history of employment as carer for the person concerned, or

(B) 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;

(k) in the case of an application for employment in a restaurant—

(i) copies of any certified qualifications of the foreign national, and

(ii) in the case of an application for a critical skills employment permit, general employment permit or sports and cultural employment permit in respect of employment as—

(I) an executive chef with a minimum of 5 years’ experience,

(II) a head chef with a minimum of 5 years’ experience,

(III) a sous chef with a minimum of 5 years’ experience,

(IV) a chef de partie with a minimum of 2 years’ experience, or

(V) a commis chef with a minimum of 2 years’ experience,

a statement from the person who makes the offer of employment confirming that the foreign national shall be employed in an establishment other than a fast food outlet;

(l) in the case of an application for employment as—

(i) a catering and bar manager,

(ii) a hotel and accommodation manager,

(iii) a restaurant and catering establishments manager, or

(iv) a publican and manager of licensed premises,

evidence that the foreign national has a relevant third level qualification in hospitality management and 5 years’ experience in such employment;

(m) in the case of an application for employment as a heavy goods vehicle driver, a clear and complete copy of—

(i) the category CE or C1E driving licence, or

(ii) the equivalent category to the category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction,

of the foreign national;

(n) in the case of an application for employment as a bus or coach driver, a clear and complete copy of—

(i) the category D, DE, D1 or D1E driving licence, or

(ii) the equivalent category to the category D, DE, D1 or D1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction,

of the foreign national;

(o) in the case of an application for employment as a vehicle roadworthiness tester, evidence that the foreign national has a Level 5 Quality and Qualifications Ireland (QQI) motor mechanical qualification, or above, and at least one year’s experience in such employment;

(p) in the case of an application for a general employment permit in respect of employment as a horticulture worker, meat processor operative or sea fisher in the Irish fishing fleet, a copy of a declaration signed by the person who makes the offer of employment that that person will ensure the foreign national concerned has access to suitable accommodation and training (including language training); and

(q) in the case of an application for employment as a sea fisher in the Irish fishing fleet—

(i) a clear and complete copy of the terms of employment, work agreement or contract of employment, entered into by the foreign national, in the English or Irish language, including—

(I) the particulars required under the Fisherman’s Work Agreement provided for under Regulation 7 of the European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020,

(II) the particulars required under the Principal Act and Section 3 (1) and Section 3 (1A) of the Terms of Employment (Information) Act 1994 (No. 5 of 1994),

(III) details of the periodic payments of the minimum annual remuneration, and

(IV) all deductions from pay, including any deduction for the provision of food or accommodation by the employer while on the fishing vessel,

(ii) a certified translation of the agreement or contract referred to in clause (i) in a language comprehensible to the sea fisher, and

(iii) a copy of a declaration signed by the person who makes the offer of employment that that person will ensure the foreign national will be enrolled in a Bord Iascaigh Mhara (BIM) Safety Training Scheme prior to commencement of employment in accordance with the Fishing Vessel (Basic Safety Training) Regulations 2001 ( S.I. No. 587 of 2001 ).

(3) In addition to the information and documents prescribed under paragraph (2), the following information and documents shall be provided with an application made for the grant of an employment permit, other than an application made by a frequent user:

(a) where the person who makes the offer of employment, or, as the case may be, the employer, 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 employer registered number;

(b) where the person who will make the offer of employment, or, as the case may be, the employer, contractor or connected person, does not come under subparagraph (a), a copy of the statement of account issued by the Revenue Commissioners to such person, contractor or connected person, dated within the 3 month period preceding the application, unless a copy of such statement has been provided 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;

(c) where the person who makes the offer of employment or the employer is required to obtain permission from the Minister for Justice to operate a business in the State, a copy of the appropriate permission;

(d) where the person who makes the offer of employment, or, as the case may be, the employer or connected person, has one, such person’s registered charity number, unless that number has been provided 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; and

(e) in the case of an application for employment in a restaurant or fast food outlet—

(i) a tax clearance access number in respect of the person who will make the offer of employment, the employer or the connected person,

(ii) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and

(iii) a letter from the relevant official agency confirming that the person who will make the offer of employment, the employer or the connected person, has registered its premises in accordance with Article 6(2) of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 to 2020;

Establishing need for grant of certain employment permits

9. (1) This Regulation applies to an application for a general employment permit or a contract for service employment permit.

(2) For the purposes of section 23(4)(a) of the Act, the notice of offer of employment required to be published under that provision (in this Regulation referred to as “the notice”) shall be published on—

(a) both of the following online platforms:

(i) JobsIreland.ie; and

(ii) EURES, and

(b) one or more other online platforms accessible to the general public, the principal purpose of which is to publish offers of employment.

(3) The Minister for Social Protection is prescribed as the person with whom the publication of the notice under paragraph (2)(a) is to be placed.

(4) The period of 28 days is prescribed for the purposes of section 23(4)(c) of the Act as the period for which the notice is to be published under paragraph (2)(a) and (b).

(5) The requirement in section 23(2) of the Act to publish the notice prior to the application for the employment permit shall not apply in the case of—

(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 €64,000.

(6) The notice 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.

(7) The following information, documents and evidence shall be provided to the Minister at the time of application for an employment permit:

(a) the vacancy reference number of the notice from the website referred to in paragraph (2), and

(b) copies of the notice as published in accordance with section 23(4)(a) and (b) of the Act.

Time periods within which application must be made

10. (1) Subject to paragraph (2), an application for an employment permit, other than an application referred to in section 12(5) of the Act, shall not be made unless the offer of employment referred to in section 12(4) of the Act has been made within the period of—

(a) 90 days, or

(b) where the person who makes the offer of employment is an academic or third level institution, 120 days,

preceding the application.

(2) In the case of an application for an employment permit to which section 23 of the Act applies, the application shall be made no more than—

(a) 90 days, or

(b) where the person who makes the offer of employment is an academic or third level institution, 120 days,

after the first publication of a notice of the offer of employment in accordance with Regulation 9(2)(a).

Time period for furnishing additional information or documents to Minister

11. The period of 28 days is prescribed as the period within which any additional information or documents requested by the Minister relating to the grant or renewal of an employment permit must be furnished.

Amendment by Minister of application

12. (1) The following matters in an application for an employment permit may be amended by the Minister under section 15(1) of the Act:

(a) the type of employment permit being applied for; and

(b) the period of employment permit being applied for, where it differs from the employment period provided in the contract of employment.

(2) A request by an applicant for amendment of an application for an employment permit, under section 15(1) of the Act, shall be—

(a) in the relevant form for the time being provided for that purpose, and made available online, by the Minister,

(b) made within 14 days of date of receipt of notification from the Minister of the amendment required, and

(c) accompanied by a declaration from both parties to the application agreeing to the amendment(s).

Required period of registration with Revenue Commissioners for applications for certain employment permits to be exempt from requirement in section 22(1) of Act

13. In order for an application for an employment permit to qualify for the exemption provided in section 22(2) of the Act, the person who has made the offer of employment or, as the case may be, the connected person must have been registered with the Revenue Commissioners for 2 years on the day the application is made.

Applying to renew employment permit – form and information to be provided

14. (1) An application for the renewal of an employment permit, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister.

(2) The following information, documents and evidence in relation to the foreign national in respect of whom the application is made 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, taken in the previous six months, in the relevant form and specification as specified by the Minister;

(b) where the application is made by electronic means, copies of signed declarations as may be required to be provided by electronic means;

(c) 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;

(d) the Irish residence permit registration number, or, if not available, a full clear copy of the current immigration stamp and visa, of the permit holder;

(e) a copy of the signed contract of employment between the employer, or, as the case may be, the contractor, subcontractor or foreign employer, and the permit holder

(f) a copy of 3 recent payslips of the permit holder dated within the 4 month period prior to the application;

(g) a copy of, or electronic access to, an employment detail summary for each year that the permit holder has been employed pursuant to the employment permit, or an end of year income statement compiled by the Revenue Commissioners;

(h) 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 current 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;

(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 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 or if not available, a copy of a declaration signed by the employer, clinical lead and permit holder confirming the permit holder has the appropriate skills required;

(k) in the case of an application for employment as a care worker or home carer, 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 care worker or home carer for two years or more, a copy of the permit holder’s relevant Level 5 Quality and Qualifications Ireland (QQI) qualification in health and social care, or an equivalent qualification or if not available, a copy of a declaration signed by the employer clinical lead and permit holder confirming the permit holder has the appropriate skills required;

(l) in the case of an application for employment as a heavy goods vehicle driver, a complete copy of the permit holder’s category CE or CE1 driving licence; and

(m) in the case of an application for employment as a bus or coach driver, a clear and complete copy of the category D, DE, D1 or D1E driving licence.

(3) In addition to the information and documents prescribed under paragraph (2), the following information and documents shall be provided with an application made for the renewal of an employment permit, other than an application made by a frequent user:

(a) where the employer or, as the case may be, the contractor, subcontractor or connected person, has not provided details of the monthly statutory return in respect of a different application in respect of which an employment permit was granted or renewed, within the 12 months preceding the application, a copy of a statement issued by the Revenue Commissioners showing the monthly statutory return made by the said person or contractor dated within the 3 month period preceding the application;

(b) where the employer or, as the case may be, the contractor or connected person, is required to obtain permission from the Minister for Justice to operate a business in the State, a copy of the appropriate permission; and

(c) in the case of an application for employment in a restaurant or fast food outlet, a tax clearance access number in respect of the employer or connected person.

Applying to renew employment permit – time period for application

15. (1) 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), or

(b) within the period of 1 month after the expiry of that period.

Part 4

GENERAL PROVISIONS

Maximum period of employment permit

16. Subject to section 19(7) and (8) of the Act and Regulations 49 and 80, the maximum period that may be specified in an employment permit is 2 years beginning on the date of the grant of the permit or on the date specified in such permit as the date on which it is to come into force.

Commencement of employment under employment permit

17. A foreign national to whom an employment permit is granted shall commence the employment in respect of which the permit is granted within 6 months beginning on the date of the grant of the permit or on the date specified in such permit as the date on which the permit is to come into force.

First employment permit in the State

18. The period referred to in section 33(1)(e)(i), during which a permit holder on their first employment permit in the State is expected to remain with their first employer, is 9 months.

Change of employer

19. (1) The period which must have elapsed before an application for change of employer under section 27 of the Act can be made is the period of 9 months since the foreign national concerned first commenced employment in the State pursuant to the employment permit.

(2) An application for change of employer under section 27 of the Act shall not be made unless a written offer of employment in the State has been made in the period of 3 months preceding the application.

(3) In the case of a critical skills employment permit, an application for change of employer shall not be made unless the employment falls within the same category of employment identified by the 3 digit SOC code for which the employment permit was first granted.

(4) In the case of a general employment permit, an application for change of employer shall not be made unless the employment falls within the same employment identified by the 4 digit SOC code for which the employment permit was first granted.

(5) In addition to any information specified in a direction under section 27(5) of the Act, the following information, documents and evidence shall be provided with an application for change of employer under section 27 of the Act:

(a) a copy of the new contract of employment specifying the terms and conditions for the employment with new employer.

(6) The maximum number of applications for change of employer under a general employment permit or critical skills employment permit that may be made in respect of the foreign national concerned under section 27 of the Act is 3.

(7) Where the Minister approves a change of employer under section 27 of the Act, the foreign national concerned shall commence employment with the new employer within 4 weeks from the date of change of employer.

(8) Where it is proposed that a non-consultant hospital doctor whose employment has ceased during the period for which his or her employment permit is in force will be employed by another person referred to in section 31(1) of the Act, the notification referred to in section 31(2) of the Act shall be made to the Minister within a period of 2 months in advance of the date of commencement of the proposed employment.

Change of name following transfer of undertaking

20. (1) Notification of a change of name to which section 26 of the Act applies shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister.

(2) In the event of a change of name to which section 26 of the 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, where hard copies of same were issued;

(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) an employment detail summary;

(ii) 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 employer registered number; or

(iii) a copy of the statement of account issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the contractor or connected person, dated within the 3 month period preceding the application.

Review of decision

21. A submission for review under section 28, 30, 35 or 41 of the Act shall be—

(a) in the relevant form for the time being provided for that purpose, and made available online, by the Minister,

(b) made within 28 days from the date the decision concerned was notified to the person making the submission, and

(c) accompanied by any relevant documentation in support of the request for review of the decision.

Renewal of employment permits

22. Subject to sections 31(1)(b), 37, 38(3) and 39(4) and (5) of the Act, the maximum period for which an employment permit may be renewed is 3 years.

Termination of employment

23. The period of 4 weeks is prescribed as the period within which the permit holder and the employer or connected person, as the case may be, specified in an employment permit shall notify the Minister of the date of termination or cessation of the employment concerned.

Declarations

24. The Minister may, subject to a right of verification in all cases, consider any requirement specified in the 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, and made available online, by the Minister.

Part 5

PROVISIONS RELATED TO CRITICAL SKILLS EMPLOYMENT PERMITS

Eligible employments for critical skills employment permit

25. The employments for which a critical skills employment permit may be granted 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 €64,000 and in respect of which the minimum hourly rate of remuneration is €31.56.

Minimum amount of remuneration payable under critical skills employment permit

26. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of a critical skills employment permit in respect of it is—

(a) in the case of the employments referred to in Regulation 25(a)—

(i) annual remuneration of €38,000, and

(ii) an hourly rate of remuneration of €18.74, and

(b) in the case of the employments referred to in Regulation 25(b)—

(i) annual remuneration of €64,000, and

(ii) an hourly rate of remuneration of €31.56.

Qualifications required for critical skills employment permit

27. (1) In the case of the employments referred to in Regulation 25(a), the qualifications that the foreign national, in respect of whom an application for a critical skills employment permit is made, is required to possess are—

(a) in the case of a nurse or midwife, a third level degree or diploma accepted by the Nursing and Midwifery Board of Ireland as a sufficient qualification for registration to practise as a nurse or midwife in the State,

(b) in the case of a radiographer, a third level degree or diploma accepted by the Radiographers Registration Board at CORU as a sufficient qualification for registration to practice as a radiographer in the State, and

(c) in any other case, a third level degree relevant to the employment concerned.

(2) In the case of employments referred to in Regulation 25(b), the qualifications that the foreign national, in respect of whom an application for a critical skills employment permit is made, is required to possess are a third level degree relevant to the employment concerned or the necessary experience.

Minimum period of employment

28. The minimum period of employment in respect of which an application for a critical skills employment permit may be made is a period of 2 years.

Minimum number of hours of work under critical skills employment permit

29. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of a critical skills employment permit in respect of it is 20.

Redundancy of critical skills employment permit holder

30. (1) The notification to be made by a foreign national to whom section 44 of the Act applies, who has been dismissed by reason of redundancy, shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister, and shall be made within 4 weeks of the date of dismissal.

(2) In addition to the information and documentation referred to in section 46 of the Act, a foreign national to whom section 44 of the Act applies 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) the employment detail summary issued to the foreign national, or evidence of the employment record held by the Revenue Commissioners indicating the end date of the employment following the foreign national’s redundancy.

Part 6

PROVISIONS RELATED TO DEPENDANT EMPLOYMENT PERMITS

Eligible employments for dependant employment permit

31. The employments for which a dependant employment permit may be granted are all employments other than that of a domestic worker.

Minimum amount of remuneration payable under dependant employment permit

32. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of a dependant employment permit in respect of it is the statutory minimum hourly rate of remuneration.

Minimum number of hours of work under dependant employment permit

33. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of a dependant employment permit in respect of it is 10.

Documentation required for grant of dependant employment permit

34. (1) In addition to the information and documents prescribed under Regulation 8, as applicable, the following documents shall be provided with an application for the grant of a dependant employment permit to a foreign national referred to in section 14(2) of the Act:

(a) a copy of a birth certificate, evidence of permission from the Minister for Justice 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 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, signature, immigration stamp and visa;

(c) a copy of the Irish residence permit card of the primary permit holder, front and back, clearly showing the Irish residence permit registration number or, if not available, a full clear copy of current immigration stamp and visa of the primary permit holder;

(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 Regulation 8, as applicable, the following documents shall be provided with an application for the grant of a dependant employment permit to a foreign national referred to in section 14(3) of the Act:

(a) a copy of a birth certificate, evidence of permission from the Minister for Justice 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 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) a copy of the Irish residence permit card of the research project researcher, front and back, clearly showing the Irish residence permit registration number or, if not available, a full clear copy of current immigration stamp and visa, of the research project researcher;

(d) in the case of a foreign national referred to in section 14(3)(a) of the 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 14(3)(b) of the 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 employment permit

35. (1) In addition to the information, documents and evidence prescribed under Regulation 14, as applicable, an application for the renewal of a dependant employment permit granted to a foreign national referred to in section 14(2) of the 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) a copy of the Irish residence permit card, or, if not available, a clear copy of the current immigration stamp and visa, of the primary permit holder; 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 Regulation 14, as applicable, an application for the renewal of a dependant employment permit granted to a foreign national referred to in section 14(3) of the 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) a copy of the Irish residence permit card, or, if not available, a clear copy of the current immigration stamp and visa, of the research project researcher;

(c) in the case of a foreign national referred to in section 14(3)(a) of the 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 14(3)(b) of the 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.

Part 7

PROVISIONS RELATED TO GENERAL EMPLOYMENT PERMITS

Eligible employments for general employment permit

36. The employments for which a general employment permit may be granted are all employments other than the employments listed in Schedule 4.

Maximum number of general employment permits for certain employments

37. The maximum number of general employment permits that may be granted in respect of employment in the employments referred to in column 1 of the table in Schedule 5 is the corresponding number in column 2 of that table, and the period during which that maximum number shall be granted is the time period it takes for that number of permits to be granted.

Minimum amount of remuneration payable under general employment permit

38. In the case of a general employment permit for—

(a) employment as—

(i) a health care assistant,

(ii) a care worker, or

(iii) a home carer,

the minimum annual remuneration is €27,000 and the minimum hourly rate of remuneration is €13.31,

(b) employment as—

(i) a horticulture worker, or

(ii) a meat processor operative,

the minimum annual remuneration is €30,000 and the minimum hourly rate of remuneration is €14.79, and

(c) any other employment, the minimum annual remuneration is €34,000 and the minimum hourly rate of remuneration is €16.77.

Minimum number of hours of work under general employment permit

39. The minimum number of hours of work required to be worked each week under a general employment permit is 20.

Maximum periods for which general employment permit may be renewed in certain circumstances

40. (1) Where an application is made for the renewal of a general employment permit that was granted in accordance with section 22(2) of the Act, the maximum period for which the permit may be renewed is 1 year.

(2) Where a subsequent application is made for the renewal of a general employment permit that was last renewed in accordance with section 39(4) of the Act, the maximum period for which the permit may be renewed is 2 years.

Redundancy of general employment permit holder

41. (1) The notification to be made by a foreign national in the event of a redundancy to which section 45 of the Act applies shall be in the relevant form for the time being provided for that purpose, and made available online, by the Minister, and shall be made within 4 weeks of the date of dismissal.

(2) In addition to the information and documentation referred to in section 46 of the Act, a foreign national to whom section 45 of the Act applies 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) evidence of the employment record held by the Revenue Commissioners indicating the end date of the employment following the foreign national’s redundancy.

Part 8

PROVISIONS RELATED TO INTRA-COMPANY TRANSFER EMPLOYMENT PERMITS

Eligible employments for intra-company transfer employment permit

42. (1) The employments for which an intra-company transfer employment permit may be granted are—

(a) employments referred to in section 9(2)(d)(i) of the Act in—

(i) senior management position, or

(ii) a position that requires specialist knowledge, qualifications or experience essential to the connected person’s service, research equipment, techniques or management, and

and for which the minimum annual remuneration is €46,000 and in respect of which the minimum hourly rate of remuneration is €22.68, and

(b) employments referred to in section 9(2)(d)(ii) of the Act 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.

(2) 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.

Minimum amount of remuneration payable under intra-company transfer employment permit

43. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of an intra-company transfer employment permit in respect of it is—

(a) in the case of the employments referred to in Regulation 43(1)(a)—

(i) annual remuneration of €46,000, and

(ii) an hourly rate of remuneration of €22.68, and

(b) in the case of the employments referred to in Regulation 43(1)(b)—

(i) annual remuneration of €34,000, and

(ii) an hourly rate of remuneration of €16.77.

Minimum period of employment required before application for intra-company transfer employment permit

44. An application for an intra-company transfer employment permit shall not be made unless the foreign national in respect of whom the application is made has been employed by the foreign employer concerned for a period not less than—

(a) 6 months, in the case of a foreign national referred to in section 9(2)(d)(i) of the Act, or

(b) one month in the case of a foreign national referred to in section 9(2)(d)(ii) of the Act.

Minimum number of hours of work under intra-company transfer employment permit

45. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of an intra-company transfer employment permit is 20.

Maximum period for which intra-company transfer employment permit to participate in training programme may be granted

46. The maximum period for which an intra-company transfer employment permit in respect of an employment referred to in section 9(2)(d)(ii) of the Act may be granted is 1 year.

Documentation required for grant of intra-company transfer employment permit

47. (1) Subject to paragraph (2), in addition to the information, documents and evidence prescribed under Regulations 8 and 14, as applicable, the following shall be provided, and where necessary translated, with an application for the grant or renewal of an intra-company transfer employment permit by a connected person:

(a) documentary evidence of the business carried on by the connected person and foreign employer and the connection between the connected person and the foreign employer;

(b) confirmation of the duties or training required to be undertaken by the foreign national for the connected person; and

(c) a statement of remuneration specifying—

(i) the remuneration, deductions and additional payment to be paid to the foreign national and arrangements for making the additional payment;

(ii) any payments made in respect of the board or accommodation or health insurance of the foreign national; and

(iii) the currencies and exchange rate, description and computation.

(2) Paragraph (1)(a) shall not apply where the connected person has provided such documentary evidence in respect of a different application within the last 2 years which led to the grant or renewal of an intra-company transfer employment permit.

Maximum periods of renewal of intra-company transfer employment permit in certain circumstances

48. (1) Where an application is made for the renewal of an intra-company transfer employment permit that was granted in accordance with section 22(2) of the Act, the maximum period for which the intra-company transfer employment permit may be renewed is 1 year.

(2) Where a subsequent application is made for the renewal of an intra-company transfer employment permit that was last renewed in accordance with section 39(4) of the Act, the maximum period for which the permit may be renewed is 2 years.

Exemption from requirement that connected person engaged in substantive business operations in State

49. An application for an intra-company transfer employment permit shall not be refused on the ground, provided for in section 32(4)(a) of the Act, that the connected person is not engaged in substantive business operations in the State where, on the date the application is made, the connected person carrying on those business operations has been registered with the Revenue Commissioners for a period not exceeding 2 years.

Part 9

PROVISIONS RELATED TO CONTRACT FOR SERVICE EMPLOYMENT PERMITS

Eligible employments for contract for service employment permit

50. The employments for which a contract for service employment permit may be granted are all employments other than those listed in Schedule 4.

Minimum amount of remuneration payable under contract for service employment permit

51. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of a contract for service employment permit in respect of it is—

(a) annual remuneration of €46,000, and

(b) an hourly rate of remuneration of €22.68.

Minimum period of employment required before application for contract for service employment permit

52. An application for a contract for service employment permit shall not be made unless the foreign national in respect of whom the application is made has been employed by the contractor, or as the case may be, the subcontractor concerned for a period not less than 6 months.

Maximum period for which contract for service employment permit may be in force

53. The maximum period for which a contract for service employment permit may be in force, whether granted or renewed, is 5 years from the date on which it was first granted.

Minimum number of hours of work under contract for service employment permit

54. The minimum number of hours of work required to be worked each week under a contract for service employment permit is 20.

Documentation and information required for grant of contract for service employment permit

55. (1) Subject to paragraph (2), in addition to the information, documents and evidence prescribed under Regulations 8 and 14, as applicable, the following shall be provided, and where necessary translated, with an application for the grant or renewal of a contract for service employment permit in relation to the contract service agreement under which it is proposed that the employee shall be providing services:

(a) documentary evidence of the business carried on by the relevant person and contractor or subcontractor and the connection between the relevant person and the contractor or subcontractor;

(b) confirmation of the duties required to be undertaken by the foreign national for the contractor or subcontractor; and

(c) a statement of remuneration specifying—

(i) the remuneration, deductions and additional payment to be paid to the foreign national and arrangements for making the additional payment,

(ii) any payments made in respect of the board or accommodation or health insurance of the foreign national, and

(iii) the currencies and exchange rate, description and computation.

(2) Paragraph (1)(a) shall not apply where the relevant person has provided such documentary evidence in respect of a different application within the last 2 years which led to the grant or renewal of contract for service employment permit.

Maximum period of renewal of contract for services employment permit in certain circumstances

56. Where an application is made for the renewal of a contract for services employment permit that was granted in accordance with section 19 of the Act, the maximum period for which the contract for services employment permit may be renewed is 1 year.

Part 10

PROVISIONS RELATED TO REACTIVATION EMPLOYMENT PERMITS

Eligible employments for reactivation employment permit

57. The employments for which a reactivation employment permit may be granted are all employments other than that of a domestic worker.

Minimum amount of remuneration payable under reactivation employment permit

58. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of a reactivation employment permit in respect of it is the statutory minimum hourly rate of remuneration.

Minimum number of hours of work under reactivation employment permit

59. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of a reactivation employment permit in respect of it is 20.

Documentation required for grant of reactivation employment permit

60. In addition to the information and documents prescribed under 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 to remain in the State for the purpose of making an application for an employment permit.

Part 11

PROVISIONS RELATED TO EXCHANGE AGREEMENT EMPLOYMENT PERMITS

Eligible employments for exchange agreement employment permit

61. 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 6.

Minimum amount of remuneration payable under exchange agreement employment permit

62. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of an exchange agreement employment permit in respect of it is the statutory minimum hourly rate of remuneration.

Minimum number of hours of work under exchange agreement employment permit

63. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of an exchange agreement employment permit is 20.

Documentation required for grant of exchange agreement employment permit

64. In addition to the information and documents prescribed under 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.

Part 12

PROVISIONS RELATED TO SPORTS AND CULTURAL EMPLOYMENT PERMITS

Eligible employments for sports and cultural employment permit

65. The employments for which a sports and cultural employment permit may be granted are all employments other than those listed in Schedule 4.

Minimum amount of remuneration payable under sports and cultural employment permit

65. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of a sports and cultural employment permit in respect of it is the statutory minimum hourly rate of remuneration.

Minimum number of hours of work under sports and cultural employment permit

66. The minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of a sports and cultural employment permit is 20.

Part 13

PROVISIONS RELATED TO INTERNSHIP EMPLOYMENT PERMITS

Eligible employments for internship employment permit

67. The employments for which an internship employment permit may be granted are the employments listed in Schedule 3.

Minimum amount of remuneration payable under internship employment permit

68. The minimum amount of remuneration payable in respect of an employment as a condition for the grant of an internship employment permit in respect of it is the statutory minimum hourly rate of remuneration.

Maximum period for which internship employment permit may be granted

69. The maximum period for which an internship employment permit may be granted is 12 months.

Minimum number of hours of work under internship employment permit

70. The minimum number of hours of work required to be worked each week under an internship employment permit is 20.

Documentation required for grant of internship employment permit

71. In addition to the information and documents prescribed under 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.

Part 14

REVOCATIONS

Revocations

72. The Employment Permits (Amendment) Regulations 2018 ( S.I. No. 70 of 2018 ), the Employment Permits (Amendment) (No. 2) Regulations 2018 ( S.I. 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 Employment Permits (Amendment) Regulations 2019 ( S.I. No. 138 of 2019 ), the Employment Permits (Amendment) (No. 2) Regulations 2019 ( S.I. No. 333 of 2019 ), the Employment Permits (Amendment) (No. 3) Regulations 2019 ( S.I. No. 633 of 2019 ), the Employment Permits (Amendment) Regulations 2020 ( S.I. No. 156 of 2020 ), the Employment Permits (Amendment) (No. 2) Regulations 2020 ( S.I. No. 510 of 2020 ), the Employment Permits (Amendment) Regulations 2021 ( S.I. No. 286 of 2021 ), the Employment Permits (Amendment) (No. 2) Regulations 2021 ( S.I. No. 559 of 2021 ), the Employment Permits (Amendment) Regulations 2022 ( S.I. No. 273 of 2022 ), the Employment Permits (Amendment) (No. 2) Regulations 2022 ( S.I. No. 412 of 2022 ), the Employment Permits (Amendment) (No. 3) Regulations 2022 ( S.I. No. 677 of 2022 ), the Employment Permits (Amendment) Regulations 2023 ( S.I. No. 346 of 2023 ), the Employment Permits (Amendment) Regulations 2024 ( S.I. No. 8 of 2024 ), the Employment Permits (Amendment) (No. 2) Regulations 2024 ( S.I. No. 12 of 2024 ) and the Employment Permits (Amendment) (No. 3) Regulations 2024 ( S.I. No. 328 of 2024 ) are revoked.

Regulation 7

Schedule 1

Fees

Applications for grant and renewal of employment permits

Regulations 8 and 14

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 or licence number, is required

Part B

Regulatory bodies or Government Minister from which or whom a copy of the registration or recognition of qualifications is required

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

Regulations 9, 25, 68 and 72

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

Note: “SOC-3” and “SOC-4” refer to applicable levels in the Standard Occupational Classification system (SOC 2010).

Regulations 9, 25, 36, 50 and 65

Schedule 4

Employments in respect of which an employment permit shall not be granted

Note: “SOC-3” and “SOC-4” refer to applicable levels in the Standard Occupational Classification system (SOC 2010).

Regulations 37

Schedule 5

Maximum number of general employment permits that may be granted in respect of certain employments

Regulation 61

Schedule 6

Agreements in respect of which Exchange Agreement Employment Permits may be granted

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

5. Vulcanus in Europe Programme (Ireland).

GIVEN under my Official Seal,

28 August, 2024.

PETER BURKE,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

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

These Regulations are made under the Employment Permits Act 2024 and set down the qualifying criteria, application process, fees and other matters in respect of employment permits. They replace the Employment Permit Regulations 2017, which were revoked by the said Act.

These Regulations may be cited as the Employment Permits Regulations 2024.

1 OJ No. L 191, 28.5.2004, p. 1.