What We Know About Seasonal Employment Permits in Ireland and What to Expect in 2025

What We Know About Seasonal Employment Permits in Ireland and What to Expect in 2025

The Employment Permits Act 2024, signed into law in June 2024, introduced a new type of permit in Ireland: the Seasonal Employment Permit (SEP). This permit has been utilized in other European countries for years and is finally being implemented in Ireland. The Irish government has discussed introducing employment permits for seasonal work for years, even before COVID-19, but it was never prioritized despite the continuously rising labor shortage in the agricultural sector.

Key Features of the Seasonal Employment Permit

The SEP will be valid for durations ranging from 3 to 7 months and will initially be granted only to employers in the horticultural sector, particularly in the soft fruit sector. A pilot program for SEPs will run in 2025, and while the exact process is still unclear, the wording of the Act provides some guidance. Here’s a detailed look at the expected process:

Step 1: Registration of Approved Seasonal Employers

A notable new feature of employment permits in Ireland is the Register of Approved Seasonal Employers. Previously, the Department of Enterprise only maintained a register of trusted partners—employers who consistently hire employees from abroad, primarily for critical skills professions.

The Minister of Enterprise will determine how the Approved Seasonal Employers Register is maintained and updated. We assume the list of such employers will be available on the Department of Enterprise website. Employers must renew their registration annually. While the effectiveness of this system remains to be seen, it is in the employer’s best interest to maintain their registration.

To obtain the seasonal employer certificate, employers must apply to the Department of Enterprise. The Minister may refuse registration for various reasons, including:

• The employment is not seasonal.
• The employer has not made appropriate arrangements for accommodation (a significant issue in Ireland currently) and health insurance.
• The employer has fewer employees than it intends to bring from abroad.
• The employer lacks sufficient financial resources to hire employees from abroad (evidenced by turnover and balance sheets).

Step 2: Labour Market Needs Testing

SEPs will likely require Labour Market Needs Testing, similar to the General Employment Permit. Before applying for an SEP, employers must prove they could not source employees within the current labor market. This step is satisfied by providing evidence of job advertisements in Ireland for a specified period, typically 30 days.

Step 3: Application Submission by Approved Seasonal Employers

Unlike the General Employment Permit and Critical Skills Employment Permit, SEP applications must be submitted by approved seasonal employers. The required documents include:

• Employee’s passport, CV, and personal details
• Employer details
• Employer’s balance sheets, annual return, tax certificate
• Details of the accommodation provided
• Proof of health insurance
• Seasonal employment contract

Employers must provide at least the minimum wage, accommodation, and health insurance. Critics of SEPs emphasize the need to protect foreign nationals from exploitation due to their limited knowledge of Irish employment and immigration laws.

The timeline for processing SEP applications by the Minister is not yet known, nor is it clear if additional documentation will be required. Current employment permit processing times are within a 2-month range.

Step 4: Visa Application

If the employee is from a visa-required country, they must apply for a visa to travel to Ireland. This requirement can complicate the process, as visa-required nationals must obtain a visa before traveling to Ireland. Some nationals can travel to Ireland visa-free and start working immediately, while others face longer waiting periods. Considering the short duration of SEPs (3 to 7 months), obtaining a visa in time can be challenging. The current processing time for employment visas at the Dublin visa office is 7 weeks.

It is unclear if the government intends SEPs to be available only to visa-exempt nationals. If not, employers will need to file applications well in advance, considering the time required for advertising (1 month), SEP processing (2 months), and visa processing (2 months), totaling at least 5 months.

Rights-based pilot scheme

Neale Richmond, during Oireachtas debates, highlighted the cautious and rights-based approach to introducing SEPs:

“The plan with seasonal work permits is to introduce a rights-based pilot scheme, which will be designed. It will only be available from the outset to the horticultural sector. The pilot will be monitored and evaluated. It will be limited to a very small number of workers. The findings of the pilot scheme will decide how we continue this, for which sectors and what duration, going forward. It allows us to start the process on a narrow basis. I laid out the areas of accommodation and the provision of equipment, tools and health insurance and how important they are. We have provided extra resources to the WRC and other bodies concerning inspections. We expect them to play a proactive role in this matter. We will work hand in hand with the advocacy bodies mentioned, with which we already work quite closely, as well as trade unions and other sectors.”

This pilot program will shape the future of SEPs in Ireland, determining their scope and duration based on the initial findings and evaluations. The collaboration with various bodies and trade unions aims to ensure fair treatment and protection for foreign workers.

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