Employment Permits (Amendment) (No. 2) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 363/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2016.

I, MARY MITCHELL O’CONNOR, Minister for Jobs, 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), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2016.

(2) The Principal Regulations, the Employment Permits (Trusted Partner) Regulations 2015 ( S.I. No. 172 of 2015 ), the Regulations of 2015, the Employment Permits (Amendment) (No. 2) Regulations 2015 ( S.I. No. 602 of 2015 ) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2016 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 2 August 2016.

Definitions

3. In these Regulations—

“Principal Regulations” means the Employment Permits Regulations 2014 ( S.I. No. 432 of 2014 );

“Regulations of 2015” means the Employment Permits (Amendment) Regulations 2015 ( S.I. No. 349 of 2015 );

“Regulations of 2016” means the Employment Permits (Amendment) Regulations 2016 ( S.I. No. 33 of 2016 ).

Amendment of Regulation 4 of Principal Regulations

4. Regulation 4 of the Principal Regulations is amended—

(a) by substituting for paragraph (2) the following:

“(2) Payment of fees under these Regulations and the Principal Act shall be made—

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

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

(b) in paragraph (4) by inserting “the employer or” after “as the case may be,”, and

(c) in paragraph (5)(a) by substituting “copies” for “photocopies”.

Amendment of Regulation 5 of Principal Regulations

5. Regulation 5 (as amended by Regulation 4 of the Regulations of 2015) of the Principal Regulations is amended—

(a) by substituting for paragraph (1) the following:

“5.(1) Applications for the grant of employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”, and

(b) in paragraph (2)—

(i) in subparagraph (b) by substituting “copies” for “photocopies”,

(ii) in subparagraph (c) by substituting “copy” for “photocopy”,

(iii) in subparagraph (e) by substituting for clauses (I) and (II) the following:

“(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or

(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application,”,

(iv) in subparagraph (g) by inserting “or Part C” after “Part B”,

(v) by substituting for subparagraph (i)(V) the following:

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

(A) an executive chef,

(B) a head chef,

(C) a sous chef, or

(D) a specialist chef,

specialising in cuisine originating from a state that is not a Member State of the EEA, a statement from the person who makes the offer of employment, or the connected person, confirming that the foreign national in respect of who the application is made shall be employed in an establishment other than a fast food outlet, and”,

(vi) in subparagraph (i)(VI) by substituting “( S.I. No. 369 of 2006 ),” for “( S.I. No. 369 of 2006 ), and”,

(vii) in subparagraph (j) by substituting “a copy of the appropriate permission,” for “a copy of the appropriate permission.”, and

(viii) by inserting after subparagraph (j) the following:

“(k) where applicable, a copy of the 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), and

(l) where the application is made by electronic means, copies of signed declarations as may be required.”.

Amendment of Regulation 6 of Principal Regulations

6. Regulation 6 (as amended by Regulation 5 of the Regulations of 2015) of the Principal Regulations is amended—

(a) by substituting for paragraph (1) the following:

“6.(1) Applications for the renewal of the employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”, and

(b) in paragraph (2)—

(i) in subparagraph (b) by substituting “copies” for “photocopies”,

(ii) in subparagraph (c) by substituting “copy” for “photocopy”,

(iii) in subparagraph (g) by inserting “or Part C” after “Part B”,

(iv) in subparagraph (i) by substituting for clauses (I) and (II) the following:

“(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or

(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application,”,

(v) in subparagraph (j) by substituting “a copy of the appropriate permission,” for “a copy of the appropriate permission.”, and

(vi) by inserting after subparagraph (j) the following:

“(k) where applicable, a copy of the 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), and

(l) where the application is made by electronic means, copies of signed declarations as may be required.”.

Amendment of Regulation 9 of Principal Regulations

7. The Principal Regulations are amended by substituting for Regulation 9 the following:

“9.The Minister may, subject to a right of verification in all cases, consider any requirement specified in the Principal 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 by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 10 of Principal Regulations

8. Regulation 10 (as amended by Regulation 6 of the Regulations of 2015) of the Principal Regulations is amended by substituting for paragraph (1) the following:

“10.(1) Notification of a change of name to which section 8(8) of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 11 of Principal Regulations

9. Regulation 11 of the Principal Regulations is amended by substituting for paragraph (1) the following:

“11.(1) Notification to be made by a foreign national in the event of a redundancy to which section 20A or 20B of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 12 of Principal Regulations

10. The Principal Regulations are amended by substituting for Regulation 12 the following:

“12.(1) Subject to paragraph (2), a foreign national in respect of whom an application is made for an employment permit for employment in a profession listed in Part C of Schedule 2 is required to be registered with, or have his or her qualifications recognised by, the corresponding regulatory body or Minister of Government listed in that Part.

(2) Paragraph (1) shall not apply to foreign nationals in the following employments:

(a) qualified accountants with at least three years’ auditing experience, who are full members 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 have 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

(b) tax consultants specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who have a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market.”

Amendment of Regulation 13 of Principal Regulations

11. Regulation 13 of the Principal Regulations is amended by substituting for paragraph (1) the following:

“13.(1) An application to submit a decision for review under section 13 or 17 of the Principal Act shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 21 of Principal Regulations

12. Regulation 21 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting “copies” for “photocopies” in both places where it occurs, and

(b) in paragraph (2), by substituting “copies” for “photocopies” in both places where it occurs.

Amendment of Regulation 22 of Principal Regulations

13. Regulation 22 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting “copies” for “photocopies” in both places where...