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IMPACT – MEDIUM
What is the change? Electronic gates that provide automated immigration clearance are now operational at Dublin Airport.
What does the change mean? Irish and other EU nationals are eligible to use the five e-gates at Terminals 1 and 2.
Background: According to Dublin Airport statistics, traffic has surpassed 25 million passengers so far this year, an increase of 6 percent over 2016. Officials are planning expanded use of the e-gates, which use facial recognition technology to match passengers’ photos with their scanned passports, to help in handling the greater volume. A trial period ended in April, and the number of e-gates will increase to 20 in coming weeks at Dublin Airport.
BAL Analysis: Automated gates are becoming more popular at airports around the world as a way of digitally tracking passengers and freeing up airport staff. The Irish Naturalisation and Immigration Service is expected to roll out additional e-gates at other ports of entry, and is also leveraging technology in other automated systems such as passenger name recognition and advance passenger information.
This alert has been provided by the BAL Global Practice group. For additional information, please contact ireland@bal.com.
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The Irish government has organized a task force to address a May Supreme Court ruling that said Ireland cannot impose an absolute ban on providing work authorization to asylum seekers.
Key Points:
Background: The case involved a Burmese man who sued to overturn the ban while his asylum application was under consideration. The Supreme Court sided with him in a 7-0 ruling, reasoning that because there is no limit on how long authorities can take with asylum applications, the restriction amounted to a complete ban on the right to seek work, violating Ireland’s constitution.
BAL Analysis: Officials are working now to come up with a fix to their current laws that would comply with the ruling, which has the potential to significantly expand work opportunities for asylum seekers. BAL will continue to follow the matter and alert clients to important developments.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
What is the change? Ireland’s Supreme Court issued a 7-0 ruling Tuesday, striking down in principle the country’s ban on providing work authorization to asylum seekers.
What does the change mean? The ruling could have significant implications for asylum seekers who want to work in Ireland while their asylum applications are pending. The court ruled that because there is no limit on how long authorities can take with asylum applications, the ban on providing work authorization contravenes the constitutional right to seek employment. The court gave the legislature six months to address the issue.
Background: In the case, a Burmese man who came to Ireland sued to overturn a ban on providing work authorization to foreign nationals awaiting a determination on asylum applications. The court reasoned that because there is no limit on how long authorities can take with asylum applications, the restriction amounted to a complete ban on the right to seek work. “If there is no limitation on the time during which an application must be processed,” Justice Donal O’Donnell wrote in the ruling, then Ireland’s Refugee Act of 1996 “could amount to an absolute prohibition on employment, no matter how long a person was within the system.”
BAL Analysis: Irish officials now have six months to come up with a fix to their current laws that would comply with the ruling, which has the potential to significantly expand work opportunities for asylum seekers. BAL will continue to follow the matter and alert clients to important developments.
What is the change? Irish labor authorities have clarified the definition of employment agencies and the distinction between agency staff and direct employees of a company for purposes of determining whether an agency qualifies as an employer and is thus eligible to apply for employment permits.
What does the change mean? If an employment contract provides for a foreign national to perform work or services for a person or entity other than the employment agency, the employment agency is not considered the employer and cannot apply for an employment permit for the worker.
Background: Employment agencies are governed by the Employment Agency Act 1971 and a registry of licensed employment agencies is maintained by the Workplace Relations Commission. The Department of Jobs, Enterprise and Innovation clarified its policy in response to queries about when an employment agency is considered an employer for purposes of applying for employment permits. While the Employment Permits Act does not preclude an employment agency from applying for employment permits per se, if a foreign national is under a contract to work for a third party, the employment agency is not considered the employer.
BAL Analysis: The policy announcement is a welcome clarification in a complex area for employment agencies that provide staff, recruitment and human resources services, and the companies that use them.
What is the change? Authorities are auditing a number of Trusted Partner Initiative companies, a number of which are seeking to renew their TPI status two years after the program was launched.
What does the change mean? Companies should expect a compliance audit when applying for TPI status renewal, but should also note that audits may be triggered for reasons unrelated to TPI renewal. For example, audits may stem from an official employee complaint, from a referral from a state agency or from issues arising in an earlier audit.
Background: Ireland launched the TPI in May of 2015, providing a fast-track employment permit application service for approved companies. A number of companies registered soon after officials began accepting registration forms and now, two years later, their TPI status is up for renewal. Workplace Relations Commission audits are routine for companies seeking to renew their TPI status, but, as noted above, may also be initiated for other reasons. Audits may cover any employment laws or regulations, including immigration-related employment matters.
BAL Analysis: BAL is working with affected clients to prepare for audits, whether the audits are triggered by a TPI renewal or for another reason.
What is the change? Authorities have eased the process for obtaining De Facto Partnership Immigration Permission.
What does the change mean? Effective immediately, de facto partners will only be required to show evidence of cohabitation with their partner for one year, rather than two, in order to receive immigration permission. Authorities have also introduced a new application form that must be completed by statutory declaration before a witness, a change that will help standardize the application process and ease evidential requirements.
Background: Long-term de factor partners hoping to remain in Ireland for more than 90 day must apply for De Facto Partnership Immigration Permission, a process that requires the couple to show they are in a “durable relationship.” Previously, this required applicants to show they had lived together for two years immediately before submitting an application. That has changed, however, and now applicants will only have to show one year of cohabitation. In some cases, authorities will consider “humanitarian reasons” for why a couple has not been living together, e.g., if one partner had to care for a sick relative during the time in question. Authorities have also introduced a new application that must be completed by statutory declaration before a witness.
BAL Analysis: The changes are welcome news, as it they will reduce the cohabitation period and standardize processes for those applying for De Facto Partnership Immigration Permission
What is the change? Ireland has published a statutory instrument that consolidates changes made to Ireland’s Employment Permit and Trusted Partner programs since they were implemented in 2014 and 2015, respectively.
What does the change mean? Among those who will have an easier time bringing foreign nationals to Ireland under the changes are employers hiring academics, meat deboners and heavy goods vehicle drivers. Documentation requirements have changed for some engineers such that their employment permit applications must be supported by a copy of the applicant’s registration with the Institute of Engineers of Ireland.
Background: SI No 95 of 2017 Employment Permits Regulations 2017 was published at the end of March and took effect April 3. Among other changes in the consolidated regulations, officials have:
Ireland is currently accepting recommendations from employers and other stakeholders on the occupations that should be included or removed from the HSEOL and ICEL. The lists are reviewed on a biannual basis.
BAL Analysis: The regulations consolidate changes that were adopted since the implementation of the Employment Permit Scheme in 2014 and the Trusted Partner program in 2015. The Department for Jobs, Enterprise and Innovation said the regulations were promulgated to respond to an “ever-evolving labour market,” and that it became necessary for the regulations to be consolidated in the statutory instrument. Those with questions about the changes should contact their BAL professional.
The Irish Naturalisation and Immigration Service has released its annual report, assessing its performance in 2016 and setting goals for 2017.
Among other goals for 2017, the officials said they planned to:
Background: INIS’s annual review took stock of trends in Irish immigration and touched on a number of changes the Immigration Service implemented in 2016. Ireland saw an increase—from 114,000 to 115,000—in the number of non-EU nationals living in the country legally. Visa applications rose by 7 percent to more than 124,000. The report noted efforts to provide efficient and cost-effective immigration services, including shifting responsibility for immigration registration from the Garda National Immigration Bureau to INIS, launching an online employment permit system and extending the Short-Stay Visa Waiver Program through October 2021.
BAL Analysis: The goals outlined for 2017 in many ways build on ongoing efforts in Ireland, including civilianizing certain immigration operations, making more immigration services available online and protecting the Common Travel Area with the U.K. BAL will continue to follow key immigration-related developments in Ireland in 2017 and will provide updates to clients should significant changes occur.
What is the change? Ireland’s increase to its minimum wage from €9.15 per hour to €9.25 per hour took effect Jan. 1 and affects several work permit categories.
What does the change mean? The increase may affect employees on Atypical Working Scheme (AWS) visas, or dependents and interns on employment visas, as well as certain pay arrangements under Intracompany Transfer (ICT) permits or Contract for Services permits.
Background: All employment in Ireland must comply with the National Minimum Wage Act, except for certain employees (those under 18 and those employed pursuant to Employment Regulation Orders and registered employment agreements). Employers should raise salaries to meet the new minimum wage. Additionally, ICTs and Contract for Services permits allow employers to count certain allowances, such as housing or health insurance, toward meeting the minimum salary threshold required for the visa category. Employers should adjust the base remuneration to meet the higher national minimum wage before adding the allowances.
BAL Analysis: Companies should identify employees and assignees whose salaries require adjustment and make the appropriate increases to meet the new statutory minimum wage.
What is the change? A long-awaited law that streamlines applications for international protection into a single procedure is now in effect.
What does the change mean? The new procedure eases processing for asylum seekers and refugees, which it is hoped will allow immigration authorities to focus on reforms in other areas that affect business immigration.
Background: The International Protection Act 2015 brings Ireland’s application procedures for international protection in line with other EU member states. Under the new procedures, a single application is filed with the new chief international protection officer (replacing the refugee applications commissioner). Appeals will be heard by the new International Protection Appeals Tribunal (replacing the Refugee Appeals Tribunal).
BAL Analysis: The law is a major development and a welcome reform that will ease processing and divert asylum applications to a more streamlined process, which in turn is expected to free up resources for authorities to focus on immigration issues other than international protection.