Key Changes in Employment Permits – Stricter but Broader Rules

The Employment Permits Act 2024, signed into law earlier this summer, comes into force on Monday, 2nd September 2024. This new legislation introduces significant changes that will impact employers and employees alike. Below are the key updates:

1. Labour Market Needs Test (LMNT)
   1. Previously, the LMNT for General Permits required job advertisements to be placed in print media. The new law allows for job ads to be posted on online platforms, including newspaper websites and employment websites like LinkedIn.
   2. Posting vacancies on the Jobs Ireland and EURES websites remains mandatory. This modernized approach is more aligned with today’s job market, where online recruitment dominates.
2. Change of Employer for Critical Skills Employment Permit (CSEP) and General Employment Permit (GEP) Holders
   1. Previously, changing employers required a new permit. The new law allows permit holders to change employers without reapplying, provided they have completed nine months with their current employer and remain within their occupation classification.
   2. CSEP holders enjoy broader flexibility, allowing for role changes within their occupation (e.g., across various engineering roles). However, there are restrictions: employees can change employers only three times, must have a new employment contract, and must start the new job within a month of permit issuance.
3. Reduced Waiting Period for Changing Employers
   The waiting period to change employers has been reduced from twelve to nine months, giving employees more flexibility earlier in their employment journey.
4. Progression Within the Role
   The Act now allows for internal promotions and transfers within the same company without needing a new permit, as long as the employee’s skills and employment remain eligible. This change saves time and costs for both employees and employers.
5. Permit Cancellation upon Grant of New Employment Permit
   When a new permit is granted, the employee must start their new job within six months. This ensures timely transitions between employers.
6. Dependent Employment Permit
   Dependents, partners, and spouses of non-EEA nationals holding a CSEP or those under the Researchers Directive 2005/71/EC can now apply for immigration permission directly through the Department of Justice. This widens access to the labor market without the need for an additional employment permit.
7. Non-Consultant Hospital Doctors (NCHDs)
   A new multi-site General Employment Permit is introduced for foreign NCHDs, valid for two years. This eliminates the need for multiple permit applications when transitioning between hospital contracts, simplifying the employment process for healthcare professionals.
8. Agency and Subcontractor Arrangements
   This new provision facilitates short-term subcontracting and agency placements, offering more flexibility for industries reliant on temporary or project-based employment.
9. 50:50 Rule Expansion
   The waiver to the 50:50 rule, which previously limited employers with no employees to just one permit holder, has been expanded. The rule now applies only after the second permit application, allowing businesses to grow more freely. Additionally, subcontractors from outside the EEA can satisfy the rule using their workforce.
10. Indexing of Minimum Annual Remuneration
    The Act introduces annual reviews of the minimum salary requirements, linking increases to average weekly earnings. This ensures fair wages for permit holders and maintains Ireland’s appeal to qualified professionals.
11. New Refusal Reasons and Additional Review Process
    The Act introduces a discretionary ground for refusal where permit conditions have not been met. The review process now allows the consideration of new refusal reasons or changes in circumstances, with applicants being given the opportunity to respond before a final decision.
12. Seasonal Employment Permit (SEP)
    The new SEP, detailed separately, introduces a framework for short-term employment in seasonal industries, providing another pathway for foreign workers to contribute to the Irish economy.

If you require further assistance in obtaining an employment permit, please contact our team at info@timetomove.ie or via our Contact Us form.