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IMPACT – HIGH
What is the news? The Department of Business, Enterprise and Innovation has opened a public consultation period seeking comments and recommendations regarding the Critical Skills Occupations List and Ineligible Occupations List.
What does it mean? The public consultation allows Irish employers to help shape government policy on high-skilled immigration by providing input regarding skilled jobs that are difficult to recruit EEA employees for and for which they should be allowed to recruit from outside the EEA.
Background: The Critical Skills Occupation List is comprised of high-skilled jobs that are experiencing labor or skills shortages and are critical to the Irish economy. The current Critical Skills Occupations List is available here. The Ineligible Occupations List is comprised of jobs for which there are sufficient Irish/EEA workers available to fill, and therefore ineligible to be filled by non-EEA workers. The current Ineligible Occupations List is available here.
Analysis & Comments: The public consultation process informs the department’s review of the lists, and the government will review all comments before making changes to the lists. Businesses are encouraged to submit comments before the March 2 deadline regarding their current skills shortages and labor demands, as well as other information and evidence that would support the need for certain occupations to remain on or be added to the Critical Skills Occupations List or removed from the Ineligible Occupations List. The department may publish information submitted by the public and share it with other relevant government departments. Businesses should indicate if they are including commercially sensitive information on their submission form and the reasons why it should not be made public.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – MEDIUM
What is the change? Applicants for Trusted Partner and Standard employment permits are experiencing processing delays following a rush of applications toward the end of 2019.
Additional information: Companies must apply for an Employment Permit for non-EEA nationals to work in Ireland. These are issued by the Department of Business, Enterprise and Innovation. The department saw a surge in applications in December ahead of Jan. 1 changes to the Employment Permits system, including an increase to the minimum remuneration threshold for some Employment Permit holders. The Irish Times reported this week that there are 2,855 people in the Employment Permit queue, up from about 2,500 at this time last year. The DBEI released a statement this week apologizing “to customers experiencing difficulties as a result of delays” and adding that officials are working to reduce wait times.
Analysis & Comments: Companies and Employment Permit applicants who submitted applications toward the end of 2019 should anticipate delays in processing. Employers may need to adjust time lines and start dates for employees affected by the backlog. Deloitte is notifying impacted clients and updating anticipated Employment Permit processing times. These processing times may continue to increase, and Deloitte will continue to monitor the situation.
What is the change? Ireland will increase its minimum wage from €9.80 to €10.10 per hour Feb. 1.
What does the change mean? The change could affect the base salaries paid to employees in several work permission categories, including those working on Atypical Working Scheme, dependents or interns on employment permits and, in some cases, those working on intra-company transfer permits or contract for services permits.
Background: The minimum wage applies to all workers in Ireland, with the exception of certain employment of people under the age of 18 or people employed pursuant to Employment Regulation Orders and registered employment agreements. Higher wage minimums may apply for some foreign workers, including those holding Critical Skills Employment Permits. In some cases, employers can count certain allowances, such as housing or health insurance, toward the applicable minimum in a given visa category. Employers must be sure, however, to adjust base remuneration to meet the new national minimum wage before adding the allowances.
Analysis & Comments: Companies should identify employees and assignees whose salaries require adjustments and make the appropriate increases to meet the new statutory minimum wage.
What is the change? The Minister for Business, Enterprise and Innovation has opened a public consultation period on a set of proposed changes to Ireland’s Employment Permits system.
What does the change mean? The proposals include introducing seasonal employment permits, revising the labor market test, streamlining Trusted Partner and renewal applications and simplifying salary requirements. Employers have until Jan. 17, 2020 to provide submissions in response to the consultation.
Additional information: Officials announced the proposed changes in November. Under the legislation, Ireland would do the following:
Employers interested in providing a submission should (1) send an email to empu@dbei.gov.ie, using the subject line Consultation on General Scheme of an Employment Permits (Consolidation and Amendment) Bill; or (2) send their response by post to Economic Migration Policy Unit, Department of Business, Enterprise and Innovation, Earlsfort Centre, Lower Hatch Street, Dublin 2. More information is available on this website.
Analysis & Comments: The public consultation period offers employers an opportunity to provide their feedback on the proposed changes to the employment permits system. Employers interested in providing a submission are encouraged to work with Deloitte in doing so.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Ireland is poised to make changes to minimum salary and labor market testing requirements in the country’s Employment Permits system.
What does the change mean? Beginning Jan. 1, critical skills minimum remuneration thresholds will increase to €32,000 per year for occupations on the Critical Skills Occupations List and €64,000 per year for all roles not on the ineligible list where the foreign national has relevant experience. The minimum duration of the Labour Market Needs Test (LMNT) for General Employment Permits and Contract for Services Employment Permits will increase from two to four weeks.
Additional information: The changes were announced earlier this year and are in line with recommendations from the Review of Economic Migration Policy. Critical Skills Employment Permit applications filed between now and Dec. 31 will be subject to the current salary thresholds (€30,000 and €60,000), while those submitted on or after Jan. 1 will be subject to the new thresholds. The minimum LMNT advertising period will also increase on Jan. 1 from two weeks to four weeks. Vacancies must be advertised on the Department of Employment Affairs and Social Protection/Employment Services/EURES website.
Analysis & Comments: Employers are encouraged to familiarize themselves with the changes and adjust plans as necessary. Some employers may need to make slight adjustments to their budgets or hiring time lines for applications that will be submitted on or after Jan. 1.
What is the change? Ireland’s Court of Appeal has overturned a ruling that strictly interpreted the “continuous residence” requirement for citizenship applicants.
What does the change mean? The appeals court upheld the government’s previous policy of allowing absences from Ireland for citizenship applicants of up to six weeks per year (and more in exceptional circumstances). The initial ruling said that in accordance with Irish law, applicants should be ineligible for spending even one day outside of Ireland in the 12-month period before lodging their applications.
Background: In a July High Court ruling, Mr. Justice Barrett interpreted Ireland’s “continuous residence” requirement strictly, concluding that citizenship applicants must spend every day in Ireland for the 12 months before an application is submitted. The case was appealed, and, in reversing the decision, the Court of Appeal said the High Court ruling was “unworkable” and “unduly rigid.” The court also said the government’s previous standard was reasonable and lawful. Justice Minister Charlie Flanagan said in a statement that the processing of citizenship applications has continued since the July ruling and that a citizenship ceremony will be scheduled for December.
Analysis & Comments: The ruling will ameliorate the significant uncertainty that the July ruling placed on the citizenship application process. Going forward, applicants will be eligible if they meet the previous “continuous residence” standard as well as other citizenship eligibility requirements.
What is the change? The Minister for Business Enterprise and Innovation has proposed changes to the Employment Permits system.
What does the change mean? The proposal aims to revise the current labor market test, streamline the process for Trusted Partner and renewal applications, simplify remuneration requirements and introduce new permit categories, among other changes.
Additional information: In September 2018, the Minister for Business Enterprise and Innovation conducted a review of Ireland’s economic migration policy. The initial review examined inefficiencies within the Employment Permits system and concluded that the existing employment permits legislation needed to be amended. After further review, however, the Minister determined that amendment would only complicate the current system and decided to draft an entirely new bill to replace the current legislation.
The proposed bill introduces the following:
Analysis & Comments: The proposed changes, if implemented, will have a significant impact on the employment permits system. The introduction of new permit types, including the seasonal and special circumstances employment permits, will allow more individuals to be eligible for work authorization. Meanwhile, the simplification of remuneration requirements and changes to the 50:50 rule will eliminate some of the complexity that has frustrated users in the past.
What is the change? The Minister for Justice and Equality has launched a new pre-travel procedure for unmarried (“de facto”) partners of Irish citizens, who are citizens of non-EEA countries and who wish to move to Ireland.
What does the change mean? Under the new process, de facto partners of Irish citizens, who have been living together for at least the past two years, will now be able to apply for recognition of their relationship before moving to Ireland. Previously, these applications had to be filed after the couple moved to Ireland, and could take up to one year to process.
Additional information: Previously, de facto partners who were citizens of non-EEA countries had to undergo a lengthy and uncertain process in order to obtain residency in Ireland. They were required to first move to Ireland and then apply for recognition of their relationship, a document-heavy application that would often take up to one year to be processed. By allowing couples to obtain relationship recognition before moving to the country, de facto partners are treated the same as legally-married spouses and same-sex couples with civil partnership certificates, and can immediately apply for a residency card.
Pre-clearance applications will still require extensive documentary evidence, and further details on the requirements have now been outlined as part of this preclearance application. Examples include: proof that the couple has lived together for at least two years, six months of bank statements, evidence that the Irish partner meets certain financial criteria, police clearance certificates, and evidence of private health insurance in Ireland are required.
Analysis & Comments: The change is welcome news for unmarried partners of Irish citizens living abroad, including their children under 18, as they will able to apply for permission to live and work in Ireland soon after arriving, without having to apply for recognition of their relationship. However, the new pre-clearance process means that couples will have to plan well in advance of their move. In addition to the pre-clearance application, de facto partners from certain countries may also need an Irish visa before traveling. Please check with your Deloitte professional to discuss eligibility and current processing timelines.
The Department of Justice and Equality announced this week that it will ease the registration renewal process of foreign national students in the greater Dublin area and will offer a legislative solution to a recent court ruling on citizenship eligibility requirements.
Key Points:
Analysis & Comments: The changes are positive developments for university students and citizenship applicants. The introduction of the new registration system for students is timed to coincide with the start of the school year, and could benefit as many as 8,000 people between September and November. It is also a potential opportunity for expansion of a similar scheme for other foreign national populations – such as those on employment permits. As for the citizenship ruling, officials said they do not believe the ruling has effect on people who have already obtained citizenship and encouraged those in the process of applying for citizenship to continue collecting any necessary proofs to support their applications.
Source: Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? The Irish government has amended the Employment Permit Regulations, making changes to passport validity requirements, labor market needs testing and salary thresholds for Critical Skills Employment Permits.
What does the change mean? Employers are encouraged to familiarize themselves with the amendments and adjust plans as necessary.
Additional information: Some of the changes will take effect immediately; others will take effect Jan. 1, 2020. Among the changes that have taken immediate effect:
Among the changes that will take effect Jan. 1:
Analysis & Comments: The amendments are part of the Irish government’s ongoing review of economic migration policy. The changes are in line with the Department of Business, Enterprise and Innovation’s willingness to engage with business to continue economic growth in Ireland – allowing increased flexibility by reducing passport validity and increased quotas for dairy and meat industries that are suffering labor shortages. The changes to the remuneration thresholds are in line with the recommendations of the Review of Economic Migration report, which noted that because of the premium nature of the CSEP permit, the salary thresholds should be increased by 6.7% in line with that of the average employees in Ireland. The report also recommended increasing the labor market needs test.
The Irish Government is continuing to review their immigration processes, across the DBEI and Department of Justice and Equality, to improve the corporate immigration system in Ireland in order to attract further skilled talent and support the ongoing growth of business in Ireland. Further updates are expected and additional information will be provided as it becomes available.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.