Employment Permits (Amendment) Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 138/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th April, 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) Regulations 2019.

(2) The Principal Regulations, the Employment Permits (Amendment) Regulations 2018 (S.I. No. 70 of 2018), the 2018 (No. 2) Regulations (S.I. No. 163 of 2018), the Employment Permits (Amendment) (No. 3) Regulations 2018 (S.I. No. 318 of 2018), the Employment Permits (Amendment) (No. 4) Regulations 2018 (S.I. No. 550 of 2018) and these Regulations may be cited together as the Employment Permits Regulations 2017 to 2019.

Commencement

2. These Regulations shall come into operation on 22nd April 2019.

Definitions

3. In these Regulations—

“2018 (No. 2) Regulations” means the Employment Permits (Amendment) (No. 2) Regulations 2018 (S.I. No. 163 of 2018);

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

Amendment of Regulation 4(3) of Principal Regulations

4. Regulation 4(3) (as amended by Regulation 4 of the 2018 (No. 2) Regulations) of the Principal Regulations is amended—

(a) in paragraph (3)(b), by substituting for clauses (I) and (II) the following:

“(I) a P30 or receipt for such return, or

(II) a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, dated within the 3 month period preceding the application,”, and

(b) in paragraph (3)(c), by substituting for clauses (I) to (IV) the following clauses:

“(I) an up-to-date tax clearance access number and tax reference number in respect of the person who will make the offer of employment, the employer or the connected person,

(II) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and

(III) a letter from the relevant official agency confirming that the person who will make the offer of employment, the employer or the connected person, has registered its premises in accordance with Article 6 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 20041 and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ),”.

Amendment of Regulation 6(3)(a) of Principal Regulations

5. Regulation 6(3)(a) of the Principal Regulations is amended by substituting for clauses (I) and (II) the following:

“(I) a P30 or receipt for such return, or

(II) a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, dated within the 3 month period preceding the application”.

Amendment of Regulation 8 of Principal Regulations

6. Regulation 8 of the Principal Regulations is amended—

(a) in paragraph (2)(f)(II)(b) (as substituted by Regulation 5(c) of the Employment Permits (Amendment) (No. 1) Regulations 2018), by substituting for points (A) and (B) the following:

“(A) payslips, and a copy of a P60, or a copy of or electronic access to an end of year income statement compiled by the Revenue Commissioners, demonstrating that the foreign national in respect of whom the application is made has a long history of employment as carer for the person concerned, or

(B) a notarised letter or an affidavit establishing that the foreign national in respect of whom the application is made has a long history of caring for the person concerned;”,

(b) in paragraph (3)(b), by substituting for clauses (I) and (II) the following:

“(I) a P30 or receipt for such return, or

(II) a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, dated within the 3 month period preceding the application;”, and

(c) in paragraph (3)(d) (as amended by Regulation 6(b) of the 2018 (No. 2) Regulations) by substituting for clauses (I) to (IV) the following clauses:

“(I) an up-to-date tax clearance access number and tax reference number in respect of the person who will make the offer of employment, the employer or the connected person,

(II) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and

(III) a letter from the relevant official agency confirming that the person who will make the offer of employment, the employer or the connected person, has registered its premises in accordance with Article 6 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 20041 and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ).”.

Amendment of Regulation 9(2) of Principal Regulations

7. Regulation 9 of the Principal Regulations is amended—

(a) in paragraph (2) (as amended by Regulation 7 of the 2018 (No. 2) Regulations), by substituting for subparagraph (e) the following:

“(e) a copy of a P60, or a copy of or electronic access to an end of year income statement compiled by the Revenue Commissioners, for each year that he or she has been employed pursuant to the employment permit, or, if the P60, or a copy of, or electronic access to, an end of year income statement compiled by the Revenue Commissioners is not available, the P21 issued in respect of the permit holder;”, and

(b) in paragraph (3)(a), by substituting for clauses (I) and (II) the following:

“(I) a P30 or receipt for such return, or

(II) a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, dated within the 3 month period preceding the application; and”.

Amendment of Regulation 13(2)(c) of Principal Regulations

8. Regulation 13(2)(c) of the Principal Regulations is amended by substituting for clauses (i) and (ii) the following:

“(i) a P30 or receipt for such return,

(ii) a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, dated within the 3 month period preceding the application, or”.

Amendment of Regulation 14(2) of Principal Regulations

9. Regulation 14(2) of the Principal Regulations is amended by substituting for subparagraph (b) the following:

“(b) the P45 issued to the foreign national, or evidence of the employment record held by the Revenue Commissioners indicating the end date of the employment following the foreign national’s redundancy.”.

Amendment of Regulation 29(1)(c) of Principal Regulations

10. Regulation 29(1)(c) (as amended by Regulation 8(a) of the 2018 (No. 2) Regulations) is amended by inserting “, apart from English,” after “fluent in the official language”.

Amendment of Regulation 30 of Principal Regulations

11. Regulation 30 (as amended by Regulation 2 of the Employment Permits (Amendment) (No. 4) Regulations) of the Principal Regulations is amended—

(a) in paragraph (3), by deleting “at that level” in each place where it occurs,

(b) by substituting for paragraph (4) the following:

“(4) No more than two General Employment Permits under paragraph (3) may be in force at the same time in respect of employment in a particular establishment.”, and

(c) by inserting after paragraph (5) the following paragraphs:

“(6) The maximum number of General Employment Permits that may be granted in respect of employment as transport and distribution clerks or assistants is 300, and the period during which that maximum number shall be granted is the period up until that maximum number of permits is granted.

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

(a) as a plasterer is 250, and

(b) as a bricklayer is 250

and, in both cases, the period during which that maximum number shall be granted is the period up until that maximum number of permits is granted.

Amendment of Schedules 2, 3 and 4 to Principal Regulations

12. The Principal Regulations are amended by substituting for Schedules 2, 3 and 4 the Schedules set out in the Schedule to these Regulations.

Schedule

New Schedules 2, 3 and 4 to Principal Regulations

“Regulations 8, 9 and 15

Schedule 2

Regulatory bodies or Government Minister from which or whom registration or recognition of qualifications required

Part A

Regulatory bodies from which a copy of the registration or licence, or alternatively a registration number, pin number or licence number, is required

Profession Regulatory body responsible for registration of qualifications Medical Practitioner Medical Council of Ireland Nurse and Midwife Nursing and Midwifery Board of Ireland Security Officer or Private Investigator Private Security Authority

Part B

Regulatory bodies or Government Minister from which or whom a copy of the registration or recognition of qualifications is required

Profession Regulatory body or Minister of Government responsible for registration or recognition of...