Employment Permits (Trusted Partner) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 172/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th May, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 29 and 30 (as amended by sections 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. (1) These Regulations may be cited as the Employment Permits (Trusted Partner) Regulations 2015.

(2) The Principal Regulations, the Employment Permits (Amendment) Regulations 2014 ( S.I. No. 506 of 2014 ) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2015 and shall be construed together as one.

Commencement

2. These Regulations shall come into operation on 8 May 2015.

Interpretation

3. In these Regulations—

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

“Principal Regulations” means the Employment Permits Regulations 2014 ( S.I. No. 432 of 2014 );

“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.

Part 2

Trusted Partner Registration

Application for Trusted Partner Registration

4. (1) Form A in Schedule 1 is prescribed for the purposes of making an application for Trusted Partner Registration.

(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 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

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

(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 of 2 years, renewable by way of application pursuant to Regulation 6.

Application for renewal of Trusted Partner Registration

6. (1) Form B in Schedule 1 is prescribed for the purposes of making an application for renewal of a Trusted Partner Registration.

(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 renewal of a Trusted Partner Registration:

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

(b) 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 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,

(c) 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,

(d) 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,

(e) in respect of an application by a connected person, documentary evidence of the connection(s) between the connected person and the foreign employer(s), and

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

Part 3

General provisions for applications by Trusted Partner for employment permit

Fees

7. The fees prescribed in Regulation 4 of the Principal Regulations, for the purposes of section 5(2) of the Principal Act, are applicable to applications by a Trusted Partner for the grant or renewal of an employment permit.

Application for grant of employment permit

8. (1) Notwithstanding Regulation 5(1) of the Principal Regulations, Forms A to I in Schedule 2 are prescribed for the purposes of applications by a Trusted Partner for the grant of the employment permits named therein.

(2) Notwithstanding Regulation 5(2) of the Principal Regulations, and subject to compliance with the requirements of Part 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 by a Trusted Partner 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) in the case of an application for employment in a profession listed in Part A of Schedule 2 to the Principal Regulations, 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,

(e) in the case of an application for employment in a profession listed in Part B of Schedule 2 to the Principal Regulations, 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,

(f) 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 to the Principal Regulations and a letter from a registered...