Employment Permits (Amendment) (No. 3) Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 633/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th December, 2019.

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. 3) Regulations 2019.

(2) The collective citation “the Employment Permits Regulations 2017 to 2019” includes these Regulations.

Commencement

2. These Regulations come into operation on 1 January 2020.

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);

“Regulations of 2019” means the Employment Permits (Amendment) (No. 2) Regulations 2019 (S.I. No. 333 of 2019).

Amendment of Regulation 8 of Principal Regulations

4. Regulation 8(2)(g) (as amended by Regulation 5(d) of the Regulations of 2018) of the Principal Regulations is amended by substituting for clause (II) the following:

“(II) in the case of an application for a Critical Skills Employment Permit, General Employment Permit or Sport and Cultural Employment Permit in respect of employment as—

(A) an executive chef with a minimum of 5 years’ experience,

(B) a head chef with a minimum of 5 years’ experience,

(C) a sous chef with a minimum of 5 years’ experience,

(D) a chef de partie with a minimum of 2 years’ experience, or

(E) a commis chef with a minimum of 2 years’ experience,

a statement from the person who makes the offer of employment confirming that the foreign national in respect of whom the application is made shall be employed in an establishment other than a fast food outlet;”.

Amendment of Regulation 20 of Principal Regulations

5. Regulation 20 (as amended by Regulation 7 of the Regulations of 2019) of the Principal Regulations is amended by substituting for paragraph (2) the following:

“(2) In the case of a Critical Skills Employment Permit for an employment for which the minimum annual remuneration is €32,000, the qualification required in respect of that employment is—

(a) a third level degree relevant to the employment concerned, or

(b) in the case of a nurse or midwife, a third level degree or diploma accepted by the Nursing and Midwifery Board of Ireland as a sufficient qualification for registration to practice as a nurse or midwife in the State.”.

Amendment of Regulation 30 of the Principal Regulations

6. Regulation 30 (as amended by Regulation 8 of the Regulations of 2019) of the Principal Regulations is amended—

(a) in paragraph (2), by substituting “213” for “120”,

(b) by deleting paragraphs (3) and (4), and

(c) in paragraph (5)(b), by substituting “1000” for “751”.

Amendment of Schedules 3 and 4 to Principal Regulations

7. The Principal Regulations are amended by substituting for Schedules 3 and 4 the Schedules set out in the Schedule to these Regulations.

Regulation 7

Schedule

New Schedules 3 and 4 to Principal Regulations

“Regulations 18, 29, 31, 43, 44, 65 and 66

Schedule 3

Employments in respect of which there is a shortage in respect of qualifications, experience or skills which are required for the proper functioning of the economy

SOC-3 Employment category SOC-4 Employments 112 Production Managers and Directors 1122 Site Manager 113 ICT Professionals 1136 Information technology and telecommunications directors 118 Health and Social Services Managers and Directors 1181 Senior health services and public health managers and directors 211 Natural and Social Science Professionals 2111 Chemical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience 2112 • Medical laboratory scientists • Biological scientists and biochemists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience 2113 Physical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience 212 Engineering Professionals 2121 • Civil Engineers • Structural Engineers and Site Engineers 2122 Mechanical engineers 2123 Electrical engineers 2124 Electronics engineers specialising in: • Chip design, test engineering, or application engineering, or • Process automation engineering, or • Power generation, transmission and distribution, or • Related and relevant specialist skills, qualifications or experience 2126 Design and development engineers specialising in: • Quality control, or validation and regulation engineering (high tech industry; food and beverages), or • Chip design, test engineering, or application engineering, or • Process automation engineering, or • Power generation, transmission and distribution, or • Related and relevant specialist skills, qualifications or experience 2127 Production and process engineers specialising in: • Quality control, or validation and regulation engineering (high tech industry; food and beverages), or • Chemical process engineering, or • Process automation engineering, or • Power generation, transmission and distribution, or • Related and relevant specialist skills, qualifications or experience 2129 • Material scientists • Setting Out Engineer • Façade Designer 213 Information Technology and Telecommunications Professionals 2133 IT specialist managers 2134 IT project and programme managers 2135 IT business analysts, architects and systems designers 2136 Programmers and software development professionals 2137 Web design and development professionals 2139 All other ICT professionals not elsewhere classified 221 Health Professionals 2211 Medical practitioners 2213 Industrial Pharmacists 2217 • Radiographers • Radiation therapists • Vascular technologists/physiologists • Gastro Intestinal technologists/physiologists 2219 • Audiologists • Perfusionists 222 Therapy Professionals 2229 Orthoptists 223 Nursing and Midwifery Professionals 2231 • Registered Nurses (RGN, MHN, ID and Children’s nurses) • Clinical Nurse Specialists • Clinical Nurse Managers • Advanced Nursing Practitioners 2232 • Registered Midwives • Clinical Midwife Specialists • Clinical Midwife Managers • Advanced Midwife Practitioners 231 Teaching and Educational Professionals 2311 Academics who hold a qualification equivalent to Level 10 of the National Framework of Qualification in a given discipline awarded no less than two calendar years prior to the date of application for an employment permit, with a minimum of one academic year of relevant teaching experience, and the employment concerned • is in a third level institution governed by the Irish Universities Act 1997 (No. 24 of 1997), the Institutes of Technology Act 2006 (No. 25 of 2006) and the Technological Universities Act 2018 (No. 3 of 2018); or • involves delivering a programme largely or wholly concerned with information and communications technology, which leads to a major award at QQI level 8 and/or level 9 as validated by Quality and Qualifications Ireland. 242 Business, Research and Administrative Professionals 2421 • Chartered and certified accountants, and taxation experts specialising in tax, compliance, regulation, solvency or financial management or related and relevant specialist skills, qualifications or experience. • Qualified accountants with at least three years’ auditing experience, who are full members of the American Institute of Certified Public Accountants (AICPA), Philippine Institute of Certified Public Accountants (PICPA) and the Institute of Chartered Accountants of Pakistan (ICAP) and whom have relevant work experience in the areas of US GAAP reporting and Global Audit and Advisory Services and the employment concerned is in MNC Global Audit Services. • Tax consultant specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, and has a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market. 2423 Management consultants and business analysts specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience 2424 Business and financial project management professionals specialising in finance & investment analytics, risk analytics, credit, fraud analytics or related and relevant specialist skills, qualifications or experience 2425 Actuaries, economists and statisticians specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience 243 Architects, Town Planners and Surveyors 2431 Architect 2433 Quantity...