Employment Permits Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 95/2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2017.

I, MARY MITCHELL O’CONNOR, 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 2017.

Commencement

2. These Regulations shall come into force on 3 April 2017.

Interpretation

3. In these Regulations—

“Act of 2003” means the Employment Permits Act 2003 (No. 7 of 2003), as amended by the Act of 2014;

“Act of 2014” means the Employment Permits (Amendment) Act 2014 (No. 26 of 2014);

“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 42;

“Critical Skills Employment Permit” has the meaning assigned to it in Regulation 17;

“Dependant/Partner/Spouse Employment Permit” has the meaning assigned to it in Regulation 22;

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

“EEA contractor” means a contractor whose principal place of business is located within a Member State of the EEA;

“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 55;

“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 28;

“Internship Employment Permit” has the meaning assigned to it in Regulation 64;

“Intra-Company Transfer Employment Permit” has the meaning assigned to it in Regulation 35;

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

“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 Act of 2014;

“Reactivation Employment Permit” has the meaning assigned to it in Regulation 50;

“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 60;

“Trusted Partner” means a person who has made an application under Part 2 and who the Minister has provided with a Trusted Partner Registration Number for use in subsequent employment permit applications;

“Trusted Partner Registration” means registration pursuant to an application made under Part 2 whereby a person who will make an offer of employment, an employer, a connected person or an EEA contractor can provide the Minister with certain information required under the Principal Act in relation to their business, and as the case may be, connections or contract service agreements, in advance of such person, employer, connected person or EEA contractor making an application for an employment permit.

“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

Trusted Partner Registration

Application for Trusted Partner Registration

4. (1) Applications for Trusted Partner Registration, 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.

(2) Where an application for Trusted Partner Registration is made by electronic means, the printed and signed application form shall also be submitted to the Minister.

(3) 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 Trusted Partner Registration:

(a) where the person who will make the offer of employment, or, as the case may be, the EEA 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),

(b) in the case of an employer, or where the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, does not come under subparagraph (a), a copy of—

(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,

(c) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person is operating 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 will make the offer of employment, the employer or the connected person, to the Revenue Commissioners,

(II) an up-to-date tax clearance certificate in respect of the person who will make the offer of employment, the employer 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, and

(IV) 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 ),

(d) where the person who will make the offer of employment or the employer is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission,

(e) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person has charitable status from the Revenue Commissioners, a letter from the Revenue Commissioners confirming that such person has such charitable status,

(f) in respect of applications by connected persons, documentary evidence of the connection(s) between the connected person and the foreign employer(s), and

(g) in respect of applications by EEA contractors, information and documentary evidence in relation to the contract service agreement(s) under which it is proposed that employees will be providing services.

Time period of Trusted Partner Registration

5. Trusted Partner Registration shall be for a period not exceeding 2 years, renewable by way of application pursuant to Regulation 6, and may be cancelled at any time by the Minister, including where—

(a) information or a document provided under Regulation 4(3) is no longer valid or applicable, or

(b) the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, has been convicted of an offence under the Principal Act, the Act of 2003, the Immigration Act 2004 (No. 1 of 2004) or an enactment specified in Schedule 1 to the Principal Act.

Application for renewal of Trusted Partner Registration

6. (1) Applications for renewal of a Trusted Partner Registration, whether 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.

(2) Where an application for renewal of a Trusted Partner Registration is made by electronic means, the printed and signed application form shall also be submitted to the Minister.

(3) 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 renewal of a Trusted Partner Registration:

(a) in respect of the person who will make the offer of employment, the employer, the connected person or the EEA contractor, a copy of—

(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued...