Ireland’s revised employment permit law for non-EEA nationals to take effect next week — Here’s what you need to know

In a bid to allow “for a more modern, flexible employment permits system” in the country, Ireland’s revised employment permits act will come into force, starting September 2.

The Employment Permits Act 2024, which applies to non-EEA (European Economic Area) nationals, was signed into law by President Michael D. Higgins in June. The law brings in an array of key changes to the existing permit system, aimed at benefitting employers and permit holders alike.

Here is a detailed list of key changes that are going to take effect from next week:

1) Among the key changes include the Change of Employer process applicable to the holders of General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP). The new provision allows these holders to change their permit employer to another employer after a period of nine months has passed since beginning their first employment permit in the country. It also removes the need for the permit holder to apply for a new permit and is restricted to movement within the occupation or occupation classification on the original permit.

2) A GEP holder can apply to change to an employer within the type of employment for which they have been granted a permit. For example, a meat processing operative can move to another meat processing role. However, a CSEP holders have been given an additional flexibility in this regard as their roles are identified on the Critical Skills Occupations List. For instance, a CSEP holder can change to an employer across a broader category of employments such as different engineering roles.

3) The revised law has also introduced a new Seasonal Employment Permit , a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment, for example, soft fruit picking. This provision is aimed at supporting targeted economic sectors, such as horticulture and agriculture while addressing labour shortages. This will be first introduced under a limited pilot scheme later this year with the intention that it begins in early 2025.

4) It also aims to improve the status and employment opportunities of permit holders by providing a provision to allow for promotion and internal transfer in the same company where a permit holder would use the same skills. This removes the requirement for the permit holder to undergo a new employment permit application process where they remain with the current employer but have been granted a promotion or uplift.

5) The Act also addresses the inflexibility inherent in the Labour Market Needs Test, which requires that a role be advertised across the EEA and in print media prior to a permit being sought. The new Bill will simplify the process by requiring employers to publish vacancies online only and will reflect modern advertising practices.

6) The law further allows a two-year multi-site general employment permit to suitably qualified foreign nationals who take 6-month employment contracts as non-consultant hospital doctors in health facilities in different locations. This will essentially remove the need for multiple applications for each employer hospital, up to two years.

7) A new quota of 500 permits will be granted for home carers, recognising the need for workers in this important sector.

8) A further quota of 250 permits will be issued to lineworkers to help relieve the pressure on ESB Networks’ overhead line framework contractors and ensure the necessary skills are available to achieve government’s priorities including the Climate Action Plan 2023.

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