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IMPACT – HIGH
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation will be reviewing the lists of occupations eligible to be filled by foreign workers, and will be accepting comments and recommendations from employers and other stakeholders on the occupations that should be included or removed from the Highly Skilled Eligible Occupations List (HSEOL) and the Ineligible Categories of Employment List (ICEL).
What does the change mean? BAL will be assisting clients in submitting recommendations on the roles and occupations that should be available to foreign employees and assignees.
Background: The DJEI is conducting a bi-annual review of the Highly Skilled Eligible Occupations List and the Ineligible Categories of Employment List.
As part of the review, the DJEI’s economic migration policy unit is inviting employers and other stakeholders to submit comments regarding skills deficits or surpluses relating to occupations in their sectors. A prescribed form and email addresses for submissions are available on the Call for Submissions webpage, as well as the occupations currently listed on the HSEOL and ICEL. Comments will be accepted until close of business April 12.
BAL Analysis: BAL will be responding to the consultation and encouraging employers to submit comments either directly or through their BAL team.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation has announced several important updates for employment permits and residence permits.
What does the change mean? General Employment Permits are taking about 10 weeks to process. EU Treaty Rights applications for EU nationals may take six months or more because of high volume. Foreign employees who have updated their Stamp 4 since they lodged an application for a spouse, partner or dependent must forward their new Stamp 4 to the Employment Permits section. In addition, officials have confirmed that the online employment permit application system is expected to launch by September.
BAL Analysis: BAL is monitoring processing times, as well as progress on the launch of the online employment permit system, which will streamline procedures and allow users to get online status updates. The DJEI has committed to having the system online by September.
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation has added several occupations to the list of high-skilled jobs available to foreign workers and removed other occupations from the list of jobs ineligible to foreign workers.
What does the change mean? Irish employers may now apply for employment permits for foreign employees in the specified occupations listed below.
The following occupations have been added to the Highly Skilled Eligible Occupations List:
In addition, an explicit reference to “analytical development” has been added to the job list under the Standard Occupation Code 211 Natural and Science Professionals category.
The following occupations have been removed from the Ineligible Categories of Employment List, thus making them available to foreign workers:
BAL Analysis: Employers seeking to fill jobs in the above occupations may sponsor foreign workers for employment permits.
What is the change? Addressing long wait times, Ireland has launched an online appointment system for applicants seeking re-entry visas at the Burgh Quay, Dublin office of the Irish Naturalisation and Immigration Service.
What does the change mean? Applicants may fill out an online form confirming their personal details and select an appointment slot. Once the form is submitted, applicants are contacted via email with confirmation of their appointment time.
Background: The online appointment form requires confirmation of the applicant’s name, date of birth, email, passport number, GNIB number, nationality and other details. Applicants may then select whether they are applying for a multiple re-entry visa or a single-entry visa, the number of applicants, and whether they are applying for an individual, family or emergency appointment. A drop-down menu then displays available appointment dates from which the applicant may select. Applicants will receive an email confirmation of their appointment date and the documents they are required to bring.
BAL Analysis: The new system is a welcome development and should go a long way to reduce the hassles of waiting in queues at the office.
What is the change? The Garda National Immigration Bureau (GNIB) has implemented immediate measures to reduce queues that have begun to build up over the past few weeks at its public office.
What does the change mean? The GNIB will prioritize services as follows:
Background: Long queues in the autumn are a chronic problem because of the influx of students registering for the new school year. Students and foreign employees are required to appear in person at the GNIB for registration and biometrics taking, causing long wait times and delays. Last fall, the pileup led to people being turned away at the office after queuing overnight. The same pattern had started to emerge this year, which has prompted the GNIB to take action.
BAL Analysis: The measures should reduce congestion at the GNIB office and prevent overnight queues. BAL will continue to monitor the situation and provide updates.
What is the change? Ireland’s visa office has imposed a new restriction that requires spouses and dependents registering for multiple-entry visas to reside in the country for at least one month before applying for their visas.
What does the change mean? The visa office will no longer accept multiple entry visa applications from spouses and dependents who have resided in Ireland for less than one month. Spouses and dependents who require a multiple-entry visa to leave and return to Ireland should not travel during their first month in the country.
Background: Previously, spouses and dependents could apply for a multiple-entry visa immediately upon receiving their GNIB card in Ireland.
The change was made in an effort to more closely regulate the residency of visa-required spouses and dependents, who begin to accrue reckonable residency—which can eventually be used when applying for long-term residence or naturalization—immediately upon registering with GNIB. Authorities were concerned that a number of visa-required spouses and dependents were entering with principal visa holders, registering with GNIB and then returning to their home countries for substantial periods of time. The one-month requirement is designed to ensure that dependents are more “settled” in Ireland before applying for a multiple-entry visa.
Principal visa holders are not affected and can still apply for a multiple-entry visa once they have their GNIB card
BAL Analysis: Spouses and dependents should take note of the change and are advised against traveling outside of Ireland during their first month in the country. Doing so may delay their ability to obtain a multiple-entry visa.
What is the change? Ireland will offer its citizens a “passport card” that can be used for travel throughout the EU/EEA in lieu of a passport, akin to EU Identity Cards.
What does the change mean? The passport cards, which will be available to Irish citizens ages 18 and older who already hold a passport, will add convenience as a secondary ID card and travel document.
Background: Applicants will only be able to apply online or through a free mobile app and pay by credit card. To be eligible, applicants must possess a valid Irish passport with at least 30 days of remaining validity. The cards will be valid for up to five years or for the remaining duration of the applicant’s passport. The government fee is £35, plus an additional £5 postal fee for applicants living outside Ireland.
Unveiled in January, the card was expected to launch in July, but has been delayed until the end of September to add greater security features to the card, including a hologram photo of the holder.
BAL Analysis: The credit-card sized passport cards will be a convenient alternative to the bulkier Irish passport booklet for frequent travelers. Irish business travelers and assignees will be able to travel in Europe while their passport is withheld during a visa application process.
What is the change? Amendments to Ireland’s Employment Permit Act take effect Sept. 1, containing changes to the shortage-occupations skills list and the list of ineligible occupations.
What does the change mean? IT engineers and telecommunication engineers are among the occupations that have been removed from the “ineligible list” and may now be filled by foreign applicants. Several occupations in the medical sector have also been juggled in response to changing skills needs in Ireland.
Background: Beginning Sept. 1, skills deemed to be in short supply will include: IT engineers, telecommunication engineers, chiropractors, mobility instructors for the visually impaired, and certain meat boners. Companies may now apply for employment permits for these jobs and should make sure that if they are required to perform a labor market needs test, that it starts Sept. 1 or later.
The following jobs will be deemed highly skilled occupations eligible for employment permits: radiation therapists, orthotists and prosthetists. On the other hand, healthcare practice managers and senior social services managers and directors will be removed from the list of jobs eligible for employment permits.
In addition, several jobs in the service sector have been added to the ineligible categories: betting shop managers; graphic design managers; library managers; plant hire managers; production managers; property, housing and estate managers; and dispensing opticians. Companies will no longer be able to apply for employment permits for these jobs.
New application forms (excluding Trusted Partner registration and Trusted Partner employment permit forms) will also be available Aug. 31.
BAL Analysis: The changes contain some important additions to the eligibility list that may benefit Irish employers hiring in the tech sector.
What is the change? An online updating system has been implemented to better manage queues at the Garda National Immigration Bureau Registration Office in Dublin.
What does the change mean? The new system allows customers to go online and see updates of the available number of appointments for that day and should help eliminate wasted trips to the office for foreign nationals renewing their registration.
Background: The new system has been introduced to address overcrowding and reduce the frequency of customers being turned away after waiting to be served. The office will issue tickets on a first-come, first-served basis based on the number of appointments available each day. The GNIB will update its website three times a day to indicate how many tickets remain for the day. Once the tickets are exhausted, customers arriving at the office will not be served and will be asked to return another day.
BAL Analysis: The ticketing system and online updates should greatly reduce headaches for foreign employees renewing registration, especially during busy holiday periods and the start of school semesters.
What is the change? Ireland is accepting registration for its Trusted Partner Initiative, which provides fast-track employment permit application service for approved companies.
What does the change mean? Companies may now apply for TPI status. If approved, they will benefit from a streamlined application process for employment permits, reduced document submission requirements and faster turnaround on applications.
Background: Companies approved for the TPI will be issued a registration number and have access to their own package of employment permit application forms. Thereafter, an employer will only be required to provide its registration number in lieu of all employer details.
The main benefits of the program include reduced paperwork for all permits covered under the program, elimination of redundant submissions of information on applications, shorter application forms, faster processing of applications, and the absence of an application fee to register for TPI.
Companies who wish to obtain TPI status must fill out the registration form and sign a written attestation, including declarations that they will notify the Department of Jobs, Enterprise and Innovation of any changes and that all the information contained in the permit application regarding the conditions of the employee’s work is true. Companies must also provide documentation of registration with the Office of the Revenue Commission and, where applicable, the Companies Registration Office or Registry of Friendly Societies. Decisions on TPI registration take two business days.
TPI status is valid for two years and may be renewed. Renewal applications must be submitted within eight weeks prior to the expiry of TPI status. A company that fails to submit a renewal application before he expiry will automatically lose its TPI status.
BAL Analysis: The initiative is a welcome service that should speed the employment permit process, especially for companies with a large volume of applications.