Ireland’s Employment Permits Act 2024 to bring favorable rules for the work permit stream into effect from 2 September 2024 on Monday. The new and amended provisions to the current legislation have been introduced to make the system more flexible and to retain global talent efficiently.
The new Employment Permits Act 2024 was signed by Irish President Higgins on 25 June this year. The amendment to work permit laws in Ireland is considered the biggest change since the 2006 act.
Permission to change employer (for some professions) after nine months, flexible visa rules, and conditions on employers to advertise jobs in the labor market before awarding them to foreigners are the major changes in the new Act.
The new Act aims the convenient rules for non-EU nationals to work legally in the State. This means they must meet criteria such as an employment offer, and fulfilling minimum remuneration and skills and qualifications requirements.
As officially announced, the individuals planning to apply for an employment permit that necessitates a Labour Market Needs Test (LMNT) should be aware of the upcoming changes to the criteria. Since the employment permits system will continue to operate online during the implementation of the Act, updates to outdated references will occur gradually and with time.
Ireland’s New Employment Permits Act 2024 details
1. Labour Market Needs Test (LMNT)
To obtain an employment permit, employers must first meet the Labour Market Needs Test criteria. This includes advertising the job on online platforms (Department of Social Protection’s JobsIreland site and the EURES ) accessible to Irish/EEA citizens for 28 days. The test ensures priority for local candidates, protecting the domestic job market.
2. Change of Employer – CSEP and GEP
The 2024 Act allows permit holders to change employers after nine months without needing a new permit, provided they stay within the same occupation. This applies to both General Employment Permits (GEP) and Critical Skills Employment Permits (CSEP), offering more flexibility and job mobility.
3. Changing Employment and Employment Permit
Permit holders can seek new job opportunities after nine months with their initial employer. This period, reduced from 12 months, ensures fair treatment of both employers and employees, balancing recruitment costs with worker flexibility.
4. Progression Within the Role
Work Permit holders can be promoted or transferred within the same company without needing a new permit, provided the role uses the same skills. It means this change reduces administrative work and prevents accidental non-compliance.
5. Cancel Previous Permit on Grant of New Employment Permit
When a new employment permit is granted, any previous permits will be automatically canceled. The foreign national must start their new job within six months of the permit being issued.
6. Dependant Employment Permit
Dependants of Critical Skills Employment Permit holders and certain Researchers can now work in Ireland without needing an employment permit, provided they obtain the necessary immigration permission.
7. Non-Consultant Hospital Doctors (NCHDs)
A new provision allows non-consultant hospital doctors to receive a two-year multi-site General Employment Permit, streamlining the process for those working in various locations over six-month contracts.
8. Amending an Employment Permit Application
The Minister can now amend applications in specific situations, reducing the need for resubmissions and easing the administrative load on the employment permits system.
9. Return of Incomplete Applications; Return of Fee
Incomplete applications can be returned to applicants along with the fee and documents, with a notification explaining the decision. Applicants can nominate a person to receive the refund.
10. Agencies and Subcontractors Arrangements
The legislation now allows for employment relationships where the salary is paid by an entity other than the direct employer, facilitating agency and subcontractor arrangements and simplifying the permit process.
11. Restriction on Grant – 50:50 Rule
The 50:50 rule, which requires employers to have a balanced workforce, now only applies when a second employment permit application is made. Contractors and subcontractors can also meet the criteria.
12. Indexing of Minimum Annual Remuneration
To keep employment permit thresholds aligned with wage growth, the minimum remuneration will be indexed to average weekly earnings, reviewed annually by the Minister to ensure fair compensation.
13. New Refusal Reasons and Review Provisions
A new discretionary refusal reason has been added for failing to meet additional conditions attached to certain permits. The review process now includes provisions for considering new information or changes in circumstances.
14. Seasonal Employment Permit (SEP)
The Seasonal Employment Permit allows non-EEA nationals to work for up to seven months in sectors like agriculture. It is renewable annually and includes provisions for accommodation and health insurance.
15. Approved Seasonal Employer
Employers must annually register as approved seasonal employers to hire under the SEP. Approval is based on criteria like the seasonal nature of the work. Approved employers are listed on a public register.
16. Change of Approved Seasonal Employer
SEP holders can transfer to another approved employer during the season via a simplified process. The renewal process is also simplified for workers staying with the same employer across seasons.