Employment Permits Regulations 201

• Jurisdiction: Ireland
• Citation: IR SI 432/2014
• Year: 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd October, 2014.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 10A, 14, 14A, 29 and 30 (as inserted or amended by sections 13 , 17 , 18 , 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 Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), hereby make the following regulations:

Part 1

Preliminary

Citation

1. These Regulations may be cited as the Employment Permits Regulations 2014.

Commencement

2. These Regulations shall come into force on 1 October 2014.

Interpretation

3. In these Regulations—

“carer in a private home” means a person who—

(a) is a qualified medical professional and is caring for a person with a severe medical condition in a domestic dwelling, or

(b) is caring for a person with special care needs in a domestic dwelling, in circumstances where—

(i) he or she has a long history of caring for the person concerned,

(ii) the relationship between the two persons is a significant aspect of the quality of care being provided, and

(iii) there are no alternative care options;

“Contract for Services Employment Permit” has the meaning assigned to it in Regulation 38;

“Critical Skills Employment Permit” has the meaning assigned to it in Regulation 14;

“Dependant/Partner/Spouse Employment Permit” has the meaning assigned to it in Regulation 19;

“domestic operative” means any person, other than a carer in a private home, whose employment takes place principally in a private home;

“EURES” means the network of public employment services and partners within the Member States of the EEA;

“Exchange Agreement Employment Permit” has the meaning assigned to it in Regulation 51;

“fast food outlet” means a food establishment where food is prepared in bulk for speed of service, rather than to individual order;

“General Employment Permit” has the meaning assigned to it in Regulation 25;

“Internship Employment Permit” has the meaning assigned to it in Regulation 60;

“Intra-Company Transfer Employment Permit” has the meaning assigned to it in Regulation 31;

“P21” means the balancing statement of that name issued in respect of an employee by the Revenue Commissioner;

“P30” means the monthly return of that name furnished by an employer to the Revenue Commissioners;

“P45” means the document of that name issued by an employer in respect of an employee who has ceased employment with the employer;

“P60” means the document of that name issued by an employer in respect of an employee for each year that he or she is in the employment of the employer;

“pin” means personal identification number;

“Principal Act” means the Employment Permits Act 2006 (No. 16 of 2006), as amended by the Employment Permits (Amendment) Act 2014 (No. 26 of 2014);

“Reactivation Employment Permit” has the meaning assigned to it in Regulation 46;

“registered medical practitioner” has the meaning assigned to it in section 2 of the Medical Practitioners Act 2007 (No. 25 of 2007);

“restaurant” means any premises which are structurally adapted and used for the purpose of supplying substantial meals to the public for consumption on the premises and in which any other business carried on is ancillary and subsidiary to the provision of such meals;

“Sport and Cultural Employment Permit” has the meaning assigned to it in Regulation 56;

“vacancy reference number” means the six digit identification number assigned to each vacancy added to the Jobs Ireland portal maintained by the Minister for Social Protection.

Part 2

General Provisions

Fees

4. (1) Subject to paragraphs (4) and (5), the fees listed in Schedule 1 are prescribed in respect of the applications described therein.

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

(3) A portion of up to 90% is prescribed, for the purpose of section 12(5) of the Principal Act, as the portion of a fee that may be returned in the event of an application being refused or withdrawn.

(4) No fee shall be payable where the application is made by the person who has made the offer of employment, or, as the case may be, the connected person, and such person—

(a) provides with the application a letter from the Revenue Commissioners confirming that such person has charitable status, or

(b) has provided the letter referred to in subparagraph (a) in respect of a different application, and in respect of which an employment permit was granted or renewed, within the 12 month period preceding the application.

(5) No fee shall be payable where the foreign national in respect of whom the application is made is the spouse or civil partner of a person who is a national of a Member State of the EEA, provided that the application is accompanied by—

(a) clear photocopies of the relevant pages of the current passport of the spouse or civil partner of the foreign national in respect of whom the application is made, showing his or her picture, personal details and signature, and

(b) a copy of the relevant marriage certificate or civil partnership registration.

Application for grant of employment permit

5. (1) Forms A to I in Schedule 6 are prescribed for the purposes of applications for the grant of the employment permits named therein.

(2) The following information and documents are prescribed for the purpose of section 6(g)(i) of the Principal Act and shall be provided with an application for the grant of an employment permit:

(a) a photograph of the foreign national in respect of whom the application is made, 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) clear photocopies of the relevant pages of the passport of the foreign national in respect of whom the application is made, showing his or her picture, personal details, passport expiry date 12 months or more after the date of application, and his or her signature,

(c) a clear photocopy of the current immigration stamp and visa, if applicable, of the foreign national in respect of whom the application is made or, if available, his or her Garda National Immigration Bureau pin,

(d) where the person who makes the offer of employment, or, as the case may be, the contractor or connected person, has not yet made returns to the Revenue Commissioners in respect of employees, a statement in writing provided by the Revenue Commissioners confirming registration with the Revenue Commissioners and stating the said person’s ERN (Employer Registered Number),

(e) where the person who makes the offer of employment, or, as the case may be, the contractor or connected person, does not come under subparagraph (d) and has not provided one of the following documents in respect of a different application, and in respect of which an employment permit was granted or renewed, within the 12 months preceding the application, a copy of—

(I) a P30 returned to the Revenue Commissioners within the 2 month period preceding the application, or

(II) a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise,

(f) in the case of an application for employment in a profession listed in Part A of Schedule 2, a copy of the registration of the foreign national in respect of whom the application is made with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin with that regulatory body,

(g) in the case of an application for employment in a profession listed in Part B of Schedule 2, a copy of the registration or recognition of qualifications of the foreign national in respect of whom the application is made with the appropriate regulatory body or Minister of the Government listed in that Schedule,

(h) in the case of an application for employment as a carer in a private home—

(I) copies of qualifications confirming that the foreign national in respect of whom the application is made is a trained medical professional in a profession listed in Part A of Schedule 2 and 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 that person has a severe medical condition, or

(II) a copy of a P60, payslips, 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 and 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 that person has special care needs,

(i) in the case of an application for employment in a restaurant or fast food outlet—

(I) if the establishment has been operating for one year or more, a copy of a “P35L” form returned by the person who makes the offer of employment, or the connected person, to the Revenue Commissioners,

(II) an up-to-date tax clearance certificate in respect of the person who makes the offer of employment, or the connected person,

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

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