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What is the change? The Department of Business, Enterprise and Innovation has extended the deadline to submit comments and recommendations on the Guiding Principles that frame Ireland’s economic migration policies and employment permit system.
What does the change mean? Employers now have until April 18 to submit comments regarding skills and labor shortages in Ireland and recommendations on how the shortages may be addressed.
Background: Ireland’s employment permit regime focuses on key sectors and skills shortages, especially in economically strategic enterprises with potential for job growth. In January, RTÉ and the Independent reported that the Department of Business, Enterprise and Innovation had come under pressure to allow more low-skilled workers in certain sectors.
BAL Analysis: The extended deadline provides more time for clients to finalize submissions. BAL can assist any clients who wish to make a submission to the DBEI. While reforms to the employment permit system would be welcomed by some employers, the changes that have been discussed and the request for comments are mostly focused on low-skilled workers. Irish officials are seeking feedback, however, on the Critical Skills Employment Permit, which seeks to attract highly skilled non-EEA workers in occupations with acknowledged skill shortages.
This alert has been provided by the BAL Global Practice group. For additional information, please contact ireland@bal.com.
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What is the change? The Department of Business, Enterprise and Innovation is accepting comments and recommendations from employers and other stakeholders on the Guiding Principles that frame Ireland’s economic migration policies and employment permit system.
What does the change mean? Employers have until Monday to submit comments regarding skills and labor shortages in Ireland and recommendations on how the shortages may be addressed.
Background: Ireland’s employment permit regime focuses on key sectors and skills shortages, especially in economically strategic enterprises with potential for jobs growth. In January, RTÉ and the Independent reported that the Department of Business, Enterprise and Innovation had come under pressure to allow more low-skilled workers in certain sectors.
BAL Analysis: While reforms to the employment permit system would be welcomed by some employers, the changes that have been discussed and the request for comments are mostly geared toward low-skilled workers. Irish officials are seeking feedback, however, on the Critical Skills Employment Permit, which seeks to attract highly skilled non-EEA workers in occupations with acknowledged skill shortages. BAL can assist any clients who wish to make a submission to the DBEI.
What is the change? The Burgh Quay Immigration Registration Office has increased the estimated processing time for Irish Residence Permits.
What does the change mean? For those who register for an IRP at the Burgh Quay Immigration Registration Office in Dublin, the estimated delivery time for an IRP is 10 to 15 working days, an increase from the previous delivery time of five to 10 working days.
Background: IRP cards replaced GNIB (certificate of registration) cards in December to conform with European Union standards. GNIB holders should not apply for an IRP card until their current GNIB card expires. The IRP is a credit-card sized registration certificate containing a microchip that proves that the card’s holder is registered with the Irish Naturalisation and Immigration Service. All non-EU/EEA/Swiss nationals ages 16 and older who intend to stay in Ireland longer than 90 days must register for a residence permit with the appropriate immigration registration office. The government fee for the IRP is €300. The IRP card must be carried at all times and be presented to an immigration officer or a member of An Garda Síochána (police) upon request. The card does not serve as a travel document.
BAL Analysis: Expatriate residents should factor in the longer processing time when registering for an IRP.
IMPACT – MEDIUM
What is the change? Ireland will soon require applicants for new and renewal employment permits to include signed copies of their employment contracts with their applications. The new requirement is among a host of changes that will be implemented Monday under new regulations.
What does the change mean? Employers should take note of the changes and plan accordingly.
Key information: The Employment Permits (Amendment) Regulations 2018 will take effect March 26. Key points include:
In cases where a Labour Market Needs Test is required, the test should be initiated on or after March 26 if the job in question has been removed from the ICEL by the new regulations.
BAL Analysis: Employers should be prepared to provide copies of employment contracts and to meet other new requirements when submitting employment permit applications on or after March 26. Those with case-specific questions about the new requirements should contact BAL.
What is the change? Irish Naturalisation and Immigration Service has announced that the next citizenship ceremony—a mandatory step preceding naturalization that only occurs a few times per year—will take place May 21 in Killarney.
What does the change mean? Applicants are reminded that in addition to meeting the requisite five years of residency in the previous nine years, they must also have maintained continuous residence in Ireland for the previous one year before the date of their application. Absences during this period may lead to refusal and the need for them to refile and begin the lengthy and expensive process again.
Background: The citizenship ceremony is where applicants declare their loyalty to Ireland and receive their certificate of naturalization. According to recent reports, applicants have been denied citizenship if they have been absent for six or more weeks without adequate explanation during the one year before the date of the application. In general, all absences of more than one month must be reported to INIS; if an applicant has failed to report such an absence, a later application for naturalization may be queried and in certain cases can be rejected.
BAL Analysis: Naturalization applicants will receive an invitation from INIS at least four to five weeks before the May 21 citizenship ceremony. In the meantime, applicants should be conscious of any relevant absences and the need to explain these to the satisfaction of the authorities. Naturalization is a lengthy and expensive process In Ireland, so applicants are advised to seek professional support with the application.
All Irish Naturalisation and Immigration Service offices including the Burgh Quay Registration Office have reopened after closing Feb. 28 through March 2 because of bad weather.
All appointments at public offices that were canceled on those three days will be rescheduled, and applicants with canceled appointments will be contacted within 48 hours. INIS offices are asking applicants to wait until they are contacted by INIS to reschedule appointments. Applicants can continue to check the INIS website here for updates.
All Irish Naturalisation and Immigration Service offices including the Burgh Quay Registration Office closed at 5 p.m. Wednesday and will remain closed through Thursday and Friday due to extreme weather.
All appointments at public offices this week are canceled and will be rescheduled in due course. Applicants with appointments should wait to be contacted by INIS for details on rescheduling appointments.
“Red alert” weather warnings were issued for the counties of Dublin, Louth, Meath and Wicklow after snow and ice accumulations Tuesday and Wednesday. Additional snow showers and blizzard conditions are expected Wednesday night through Friday morning.
The announcement does not confirm that offices will reopen Monday, but applicants should check the INIS website here for updates.
What is the change? Ireland has reopened its Immigrant Investor Program and Start-Up Entrepreneur Program for applications in 2018.
What does the change mean? Non-EEA nationals investing €1 million of their own money in an Irish venture for at least three years are eligible to apply for residency under the Immigrant Investor Program. Non-EEA nationals proposing a high-potential startup in the innovation economy and funding of €50,000 are eligible to apply for Irish residency to develop their startup.
Background: The Immigrant Investor Program provides four options for non-EEA investors with a net worth of €2 million and who intend to invest €1 million of their own funds in an Irish enterprise, investment fund, real estate investment trust or endowment. Residency is valid for an initial two years, then renewable for three years. After five years, residency may be renewed in five-year increments. The 2018 guidelines for each of the four routes under the Immigrant Investor Program are available here.
The Start-Up Entrepreneur Program is available to non-EEA nationals proposing funding of €50,000 in a high-potential startup business. This is defined as introduction of an innovative product or service capable of creating 10 jobs in Ireland and €1 million in sales within three to four years. The startup must be headquartered and controlled in Ireland, led by an experienced management team, and less than six years old. Residency is initially granted for two years, renewable for three years. After five years, the entrepreneur and family members are eligible to apply for long-term residency. The 2018 eligibility criteria and guidelines for the Start-Up Entrepreneur Program are available here.
BAL Analysis: In reopening the two programs, Ireland joins many countries that are tailoring their immigration programs to attract global direct investment and startups in science, technology and other innovative industries. The two programs offer options for non-EEA investors to invest in or start their business in Ireland and gain Irish residency and access to Europe.
What is the change? Ireland will soon begin collecting airline passenger data as it moves to implement a 2016 European Union antiterrorism directive.
What does the change mean? Once measures to comply with EU Directive 2016/681 take effect, Ireland will collect passenger information from air carriers for flights arriving from or departing to destinations outside the EU. Ireland will establish a Passenger Information Unit that will collect and process the information, which will be provided to law enforcement agencies in Ireland and other EU member states.
Background: The EU directive on passenger name record data was adopted in 2016 following high-profile terrorist attacks in Paris, Brussels and elsewhere in Europe. The directive requires EU member states to collect passenger data that air carriers collect in the normal course of their business. The data then becomes available to law enforcement agencies, which can cross-check the information against databases in order to determine if any passengers might have ties to terrorist or organized crime operations. The directive drew criticism from some privacy advocates, but the EU has stressed that it prohibits processing data about a person’s race, ethnicity, religion, health, sexual orientation or political or philosophical beliefs. The directive requires that the data be deleted five years after it is collected.
BAL Analysis: While passengers should note that information they provide to air carriers will soon be collected by Irish officials and other EU member states covered by the directive, the impact on travel procedures will be minimal. The directive does not create any new administrative requirements on passengers themselves and is not expected to cause significant delays for the vast majority of travelers.
What is the change? Irish authorities have published a new information booklet that details how applicants for international protection will be able to access the Irish labor market beginning Feb. 9. Processing delays are possible if a significant number of applications are received.
What does the change mean? The booklet confirms that international protection applicants will be able to access the labor market by applying for employment permits through the Department of Business, Enterprise and Innovation, or by requesting permission for self-employment through the Minister for Justice and Equality. The measures described in the booklet are being taken as interim steps while Ireland goes through the process of opting in to the EU (recast) Reception Conditions Directive. Because international protection applicants will be accessing the same employment permit system as other applicants, there may be some delays because of an increased workload.
Background: In May, Ireland’s Supreme Court struck down in principle the country’s ban on work authorization for international protection applicants. The court gave the state six months to consider its response. Justice Minister Charlie Flanagan subsequently accepted a task force recommendation to opt in to the EU (recast) Reception Conditions Directive (2013/33/EU) as a means of complying with the court judgment and providing work authorization to international protection applicants. Because that process will take some months to complete, authorities will implement the interim measures described in the booklet. In the meantime, Ireland will continue to take steps to opt in to the EU directive. Both houses of the Oireachtas (Ireland’s legislature) must approve the opt-in. The EU would then have to confirm Ireland’s participation in the directive.
BAL Analysis: The 24-page information booklet provides details confirming the Irish government’s commitment to fulfill its obligations under NVH v Minister for Justice and Equality. Beginning Feb. 9, applicants for international protection will have the same access to the Irish labor market as other EU nationals, a change that could lead to a potentially significant increase in employment permit applications. BAL will monitor developments in Ireland and will alert clients to any significant changes in processing times that may result.