Employment Permits (Amendment) Regulations 2018

• Jurisdiction: Ireland
• Citation: IR SI 70/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th March, 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) Regulations 2018.

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

Commencement

2. These Regulations come into operation on 26th March 2018.

Definitions

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

Amendment of Regulation 3 of Principal Regulations

4. Regulation 3 of the Principal Regulations is amended—

(a) by inserting after the definition of “General Employment Permit” the following definition:

“‘international protection applicant’ has the meaning assigned to “applicant” in the International Protection Act 2015 (No. 66 of 2015);”, and

(b) by inserting after the definition of “Sport and Cultural Employment Permit” the following definition:

“‘temporary residence certificate’ means a certificate given under section 17 of the International Protection Act 2015 ;”.

Amendment of Regulation 8(2) of Principal Regulations

5. Regulation 8(2) of the Principal Regulations is amended—

(a) in subparagraph (a), by substituting “in the relevant form and specification as specified by the Minister” for “of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State”,

(b) by substituting for subparagraph (c) the following:

“(c) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the foreign national in respect of whom the application is made;”,

(c) in subparagraph (f), by substituting for clause (II) the following:

“(II) a copy of—

(a) a letter from a registered medical practitioner specialising in the area of illness of the person for whom the foreign national will be caring confirming that the person has special care needs, and

(b) either—

(A) payslips, and a P60 where it is available, 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;”,

(d) by substituting for subparagraph (g)(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 at that level,

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

(C) a sous chef with a minimum of 5 years’ experience at that level, or

(D) a chef de partie with a minimum of 2 years’ experience at that level,

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;”,

(e) by substituting for subparagraph (i) the following:

“(i) in the case of an application for employment as a heavy goods vehicle driver, a clear and complete copy of—

(I) the category CE or C1E driving licence, or

(II) the equivalent category to the category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction,

of the foreign national in respect of whom the application is made;”,

(f) in subparagraph (j), by substituting “employment permit;” for “employment permit; and”,

(g) in subparagraph (k), by substituting “as may be required; and” for “as may be required.”, and

(h) by inserting after subparagraph (k) the following subparagraph:

“(l) a copy of the signed contract of employment between the person who makes the offer of employment, or, as the case may be, the contractor or foreign employer, and the foreign national in respect of whom the application is made.”

Amendment of Regulation 9(2) of Principal Regulations

6. Regulation 9(2) of the Principal Regulations is amended—

(a) in subparagraph (a), by substituting “in the relevant form and specification as specified by the Minister” for “of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State”,

(b) by substituting for subparagraph (c) the following:

“(c) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the permit holder in respect of whom the application is made;”,

(c) in subparagraph (j), by substituting “driving licence;” for “driving licence; and”,

(d) in subparagraph (k), by substituting “as may be required; and” for “as may be required.”, and

(e) by inserting after subparagraph (k) the following subparagraph:

“(l) a copy of the signed contract of employment between the employer, or, as the case may be, the contractor or foreign employer, and the permit holder.”.

Amendment of Regulation 23 of Principal Regulations

7. Regulation 23(2) of the Principal Regulations is amended—

(a) in subparagraph (a), by substituting “National Minimum Wage Act 2000 (No. 5 of 2000),” for “National Minimum Wage Act 2000 (No. 5 of 2000), or”,

(b) in subparagraph (b), by substituting “Industrial Relations Act 1946 (No. 26 of 1946), or” for “Industrial Relations Act 1946 (No. 26 of 1946),” and

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

“(c) where applicable, provided for in a sectoral employment order made under section 17 of the Industrial Relations (Amendment) Act 2015 (No. 27 of 2015),”.

Amendment of Regulation 24 of Principal Regulations

8. Regulation 24 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting for subparagraph (c) the following:

“(c) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the primary permit holder; and”, and

(b) in paragraph (2), by substituting for subparagraph (c) the following:

“(c) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the research project researcher;”.

Amendment of Regulation 25 of Principal Regulations

9. Regulation 25 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting for subparagraph (b) the following:

“(b) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the primary permit holder, and”, and

(b) in paragraph (2), by substituting for subparagraph (b) the following:

“(b) as applicable—

(I) the Garda National Immigration Bureau pin or Irish Residence Permit pin, or, if neither pin is available, a clear copy of the current immigration stamp and visa, or

(II) in the case of an international protection applicant, a clear copy of the temporary residence certificate,

of the research project researcher,”.

Amendment of Regulation 30 of Principal Regulations

10. Regulation 30 of the Principal Regulations is amended—

(a) in paragraph (2), by inserting “or the equivalent category to a category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction,” after “category CE or C1E driving licence”, and

(b) by inserting after paragraph (2) the following paragraphs:

“(3) Subject to paragraph (4), the maximum number of General Employment Permits that may be granted in respect of employment as—

(a) an executive chef with a minimum of 5 years’ experience at that level,

(b) a head chef with a minimum of 5 years’ experience at that level,

(c) a sous chef with a minimum of 5 years’ experience at that level, or

(d) a chef de partie with a minimum of 2 years’ experience at that level

is 610 and the period during which that maximum number shall be granted is the period up until that maximum number of permits is granted.

(4) The maximum number of General Employment Permits in respect of any of the employments referred to in paragraph (3) that may...