Immigration
Ireland | New employment permit act comes into force from 2 September 2024
Effective from 2 September 2024, new provisions under the recently signed Employment Permits Act 2024 will be introduced. This is the biggest reform of Irish employment permit legislation in over 10 years and aims to provide a more flexible and modern system that is beneficial to both employers and employees alike.
The detail
The Act introduces a number of positive changes to the existing employment permits system including:
Change of Employer – an individual can now seek to move employer after 9 months of working in Ireland on their first employment permit, down from the previous 12 month requirement. Such requests will be considered subject to certain eligibility criteria being met, including restricting the lateral movement to within the sector that the original permit was issued for. A change of employer submission will now also be accepted in lieu of filing a completely new employment permit application which is a welcome change.
Modernisation of the Labour Markets Needs Test for General Employment Permit and Contract for Services Employment Permit applications. While the position must continue to be advertised on the Jobs Ireland and EURES websites for 28 days, the outdated requirement to advertise the position in print media has finally been removed with this requirement moving to an online platform, for example a dedicated recruitment website or online newspaper. It’s important to note that the online advertisement must now be live for 28 days also, in line with the Jobs Ireland / EURES timelines, a departure from the previous 3 day requirement.
Internal promotions and role progression with the current employer will be accommodated without the need to file a new application.
Revision of the 50:50 criteria i.e. the requirement that at least 50% of employees of the Irish entity are EEA nationals, will be removed for the first employment permit application for a start-up operation. The 50:50 rule will instead be triggered when a second employment permit application is made.
Introduction of a Seasonal Employment Permit within certain sectors to address specific skills shortages for defined periods during the year. This will be introduced on a pilot basis from January 2025 and employers seeking to apply for Seasonal Employment Permits will need to be pre-registered as an approved seasonal employer on an annual basis.
How we can support
While these changes to the employment permits system are without doubt progressive and welcome, they’re not without their challenges, particularly in terms of the short lead in time which leaves very little breathing space for employers to implement any changes that may be necessary in supporting upcoming employment permit applications. This is a significant change to current employment permit policy and one that may impact your existing employment, immigration and global mobility policies. We’re happy to discuss any queries you might have and assist you in navigating these changes.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Aoife Kilmurray
Director
Lindsay Tester
Senior Manager
Fergus English
Manager
Further information on Vialto Partners can be found here: www.vialtopartners.com
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