Employment Permits (Amendment)(No. 2) Regulations 2018

• Jurisdiction: Ireland
• Citation: IR SI 163/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th May, 2018.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 14, 29 and 30 (as amended by sections 17 , 29 and 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 ), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2018.

(2) The Principal Regulations, the Regulations of 2018 and these Regulations may be cited together as the Employment Permits Regulations 2017 and 2018 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 21 May 2018.

Definitions

3. In these Regulations—

“Principal Regulations” means the Employment Permits Regulations 2017 ( S.I. No. 95 of 2017 );

“Regulations of 2018” means the Employment Permits (Amendment) Regulations 2018 ( S.I. No. 70 of 2018 ).

Amendment of Regulation 4(3) of Principal Regulations

4. Regulation 4(3)(c)(II) of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”.

Amendment of Regulation 6(3) of Principal Regulations

5. Regulation 6(3)(b) of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”.

Amendment of Regulation 8 of Principal Regulations

6. Regulation 8 (as amended by Regulation 5 of the Regulations of 2018) of the Principal Regulations is amended—

(a) in paragraph (2)—

(i) in subparagraph (l), by substituting “the application is made; and” for “the application is made.”, and

(ii) by inserting after subparagraph (l) the following subparagraph:

“(m) in the case of an application for a General Employment Permit in respect of employment as a horticulture worker, meat processor operative or dairy farm assistant, 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

(b) in paragraph (3)(d)(II), by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”.

Amendment of Regulation 9(2) of Principal Regulations

7. Regulation 9(2)(h) of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”.

Amendment of Regulation 29(1) of Principal Regulations

8. Regulation 29(1) of the Principal Regulations is amended—

(a) in subparagraph (c), by substituting “remuneration is €13.31,” for “remuneration is €13.31, or”,

(b) in subparagraph (d), by substituting “remuneration is €13.56,” for “remuneration is €13.56, or”, and

(c) by inserting after subparagraph (d) the following subparagraph:

“(dd) in the case of employment as a horticulture worker, meat processor operative or dairy farm assistant, the minimum remuneration is €22,000 and in respect of which the minimum hourly rate of remuneration is €10.85, or”.

Amendment of Regulation 30 of Principal Regulations

9. Regulation 30 (as amended by Regulation 10 of the Regulations of 2018) of the Principal Regulations is amended by inserting after paragraph (4) the following paragraph:

“(5) The maximum number of General Employment Permits that may be granted in respect of employment—

(a) as a horticulture worker is 500,

(b) as a meat processor operative is 250, and

(c) as a dairy farm assistant is 50,

and the period during which those maximum numbers shall be granted is the period up until those maximum numbers of permits are granted.”

Amendment of Schedule 4 to Principal Regulations

10. The Principal Regulations are amended by substituting for Schedule 4 the Schedule set out in the Schedule to these Regulations.

Regulation 10

Schedule

New Schedule 4 to the Principal Regulations

“Regulations 18, 29, 31, 36, 43, 61

Schedule 4

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

SOC-3 Categories of employment SOC-4 Employment 122 Managers in Hospitality and Leisure Services 1221 Hotel and accommodation managers 1223 Restaurant and catering establishment managers 1224 Publicans and managers of licensed premises 1225 Leisure and sports facilities managers 1226 Travel agency managers 124 Managers in Health and Care Services 1242 Residential, day and domiciliary care managers 125 Managers in Other Services 1251 Property, housing and estate managers 1252 Garage managers 1253 Hairdressing and beauty salon managers 1254 Shopkeepers — wholesale and retail 1255 Waste disposal and environmental services managers 1259 Other managers in other services not elsewhere classified (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager) 222 Therapy Professionals 2221 Physiotherapists (with the exception of a physiotherapist affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit) 2222 Occupational therapists 2223 Speech and language therapists 2229 Other therapy professionals not elsewhere classified (with the exception of orthoptists, and chiropractors who are members of the Chiropractic Association of Ireland) 244 Welfare Professionals 2442 Social workers 2443 Probation officers 2449 Other welfare professionals not elsewhere classified 311 Science, Engineering and Production Technicians 3114 Building and civil engineering technicians 312 Draughtspersons and Related Architectural Technicians 3121 Architectural and town planning technicians 3122 Draughtspersons 321 Health Associate Professionals 3216 Dispensing opticians 3217 Pharmaceutical technicians 3218 Dental technicians only 3219 Other health associate professionals not elsewhere classified (includes Acupuncturists, Homeopaths, Hypnotherapists, Massage therapists, Reflexologists, Sports therapists) 323 Welfare and Housing Associate Professionals 3231 Youth and community workers 3233 Child and early years officers 3234 Housing officers 3235 Counsellors 3239 Other welfare and housing associate professionals not elsewhere classified 331 Protective Service Occupations 3311 NCOs and other ranks 3312 Police officers (sergeant and below) 3313 Fire service officers (watch manager and below) 3314 Prison service officers (below principal officer) 3315 Police community support officers 3319 Other protective service associate professionals not elsewhere classified 344 Sports and Fitness Occupations 3443 Fitness instructors 352 Legal Associate Professionals 3520 Legal associate professionals(with the exception of employment of a person fluent in the official language, apart from English, of a State which is not a member of the EEA and who has market knowledge of that non-EEA state) 354 Sales, Marketing and Related Associate Professionals 3544 Estate agents and auctioneers 3546 Conference and exhibition managers and organisers 356 Public Services and Other Associate Professionals 3561 Public services associate professionals 3563 Vocational and industrial trainers and instructors(with the exception of mobility instructors for the visually impaired) 3564 Careers advisers and vocational guidance specialists 3565 Inspectors of standards and regulations 3567 Health and safety officers 411 Administrative Occupations: Government and Related Organisations 4112 National government administrative occupations 4113 Local government administrative occupations 412 Administrative Occupations: Finance 4121 Credit controllers(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, in a role in credit control where the employment is supported by an enterprise development agency) 4122 Book-keepers, payroll managers and wages clerks(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA in a role in accounts payable where the employment is supported by an enterprise development agency) 4123 Bank and post office clerks 4124 Finance officers 4129 Other financial administrative occupations not elsewhere classified 413 Administrative Occupations: Records 4131 Records clerks and assistants 4132 Pensions and insurance clerks and assistants 4133 Stock control clerks and assistants 4134 Transport and distribution clerks and assistants 4135 Library clerks and assistants 4138 Human resources administrative occupations 415 Other Administrative Occupations 4151

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