Irish officials officially welcomed the Employment Permits Act 2024 into law, bringing changes to the Employment Permits System.

Key Points:

  • As BAL previously reported, the new act, which was signed into law on June 25, aims to consolidate and modernize existing law on the Employment Permit System within the Department of Enterprise, Trade and Employment.
  • The act contains several key provisions to introduce a new employment permit for seasonal workers and dependents, streamline the labor market testing process and modify change of employer rules, among other changes.
  • Officials provided additional details regarding these new provisions, including:
  • The new seasonal employment permit will allow seasonal workers to be employed for seven months out of a calendar year.
  • Employers are required to advertise positions on two online platforms, one of which is EURES (JobsIreland.ie), and both advertisements must be published for at least 28 days.
  • Finally, employees on their first employment permit will be able to apply for a new work permit after nine months of working for their first employer.

Additional Information: Irish authorities are currently undertaking the largest ever expansion of the Employment Permits System and announced sweeping changes to key immigration programs to make it easier for non-EU/EEA nationals to work in key jobs. The government continues to make significant changes to their employment-based immigration system to modernize its systems and relax certain restrictive policies. The new act, now that it has been implemented, should make it easier for employers to attract international talent.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

The Irish government has signed the Employment Permits Act 2024 into law, bringing new changes to the employment permit system.

Key Points:

  • The new act, signed into law on June 25, aims to consolidate and modernize existing law on the employment permit system within the Department of Enterprise, Trade and Employment.
  • The act contains several key provisions to introduce a new employment permit for seasonal workers and dependents, streamline the labor market testing process and modify change of employer rules, among other changes.
  • Seasonal employment permit: A new seasonal employment permit category will be developed to facilitate non-European Economic Area nationals’ seasonally recurrent employment that will occur for specified periods in the year. A pilot scheme will run in 2025 and will be limited to specific employers, with specific conditions.
  • Revision of labor market testing: Employers will only be required to advertise a position on two online platforms, one of which is EURES (JobsIreland.ie).
  • Changes in employer: General or critical skills employment permit holders will be able to apply to amend their employer, after a period of nine months has elapsed.

Background: Ireland continues to make significant changes to their employment-based immigration system to modernize its systems and relax certain restrictive policies. The government recently updated the eligibility requirements for Stamp 4 permissions, instating a more relaxed eligibility framework, as well as announced that eligible spouses and partners of certain employment permit holders will now be granted automatic employment eligibility without the need for a separate permit. Finally, Irish authorities are currently undertaking the largest-ever expansion of the employment permits system and announced sweeping changes to key immigration programs to make it easier for non-EU/EEA nationals to work in key jobs in Ireland.

BAL Analysis: The Irish government is focusing on balancing the rights of workers with the needs of businesses. The new act, when implemented, should make it easier for employers to attract talent. The Minister for Enterprise, Trade and Employment will need to sign a commencement order for the act to take effect and an implementation timeline has not yet been provided. BAL will continue to follow immigration developments and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Irish officials announced that Immigration Service Delivery will now have the primary responsibility of managing initial registrations and renewals for Irish immigration residence permits for persons residing in counties Cork and Limerick.

Key Points:

  • Effective July 8, first-time registration and renewal of Irish immigration residence permissions for applicants based in counties Cork and Limerick will be carried out by ISD. This will be in addition to the current registrations for counties Dublin, Kildare, Meath and Wicklow.
  • The transfer of responsibility will move from the Garda National Immigration Bureau.
  • In addition, IRP cardholders in these counties will now be able to renew their cards or apply for Stamp 4 permissions via the ISD online system. Applicants will not need to visit the Burgh Quay Registration Office in person to renew permissions.

Background: First-time registrations will continue to be done in person at ISD. The Garda National Immigration Bureau will continue to undertake first-time registrations and renewal responsibilities for applicants residing outside of counties Dublin, Meath, Kildare, Wicklow, Cork and Limerick.

BAL Analysis: This is a welcome change for IRP cardholders in these counties and will provide increased convenience and easier processing for both initial and renewal registrations. Irish authorities have provided a step-by-step user guide on ISD services — more information can be found here.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Irish officials announced that eligible spouses and partners of certain employment permit holders will now be granted automatic employment eligibility without the need for a separate permit.

Key Points:

  • The Minister for Justice announced that eligible spouses and partners of individuals in the following categories will qualify for the new policy change:
    • General employment permit
    • Intra-corporate transferee Irish employment permit
  • There is a temporary administrative arrangement in place which allows eligible spouses and partners who were granted a Stamp 3 as the spouse of a GEP or ICT permit holder previously (based on family reunification) to now be considered registered on a Stamp 1G permission.
  • Stamp 1G status allows for them to work automatically without the need to obtain an employment permit.

Background: The application process for reunification and those who wish to join family members in Ireland remains unchanged; further information can be found here. When eligible spouses and partners renew their current Stamp 3 permission, a new Irish Residence Permit with Stamp 1G conditions will be granted. For those who are eligible and currently hold a Stamp 3, a new IRP card is not required to engage in employment; individuals may prove their eligibility with a notice letter presented in conjunction with a current IRP card endorsed with a Stamp 3.

BAL Analysis: This is a welcome change for eligible spouses and partners of certain employment permit holders who wish to work and live in Ireland without the requirement to obtain an additional employment permit. Irish officials announced the change as part of various measures to increase competitiveness in attracting additional skills and talent in the workforce.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Irish officials announced that Immigration Service Delivery will now have the primary responsibility of managing initial registrations and renewals for Irish immigration residence permits.

Key Points:

  • Effective April 8, first-time registration and renewals of Irish immigration residence permissions for applicants based in counties Dublin, Kildare, Meath and Wicklow will be carried out by ISD.
  • The transfer of responsibility will move from the Garda National Immigration Bureau to ISD.
  • In addition, IRP cardholders in these counties will now also be able to renew their cards or apply for Stamp 4 permissions via the ISD online system.

Background: First-time registrations will continue to be done in person at ISD. The Garda National Immigration Bureau will also continue to process first-time registrations and renewals for applicants living outside of counties Dublin, Kildare, Meath and Wicklow.

BAL Analysis: This change is welcome for IRP cardholders and will provide increased convenience and easier processing for both initial and renewal registrations. Irish authorities have provided a step-by-step user guide on ISD services, and more information can be found here.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Irish officials announced that Stamp 1 CSEP holders or Stamp 1H permission holders are now eligible for a Stamp 4 upgrade upon completion of 21 months from the date of commencement of employment.

Key Points:

  • As BAL previously reported, Immigration Delivery Service updated the application process for Stamp 4 applications in November 2023, removing the requirement for Stamp 4 support letters to be submitted to the Department of Enterprise, Trade and Employment.
  • As part of that policy change, the department also reviewed eligibility requirements for a Stamp 4 upgrade.
  • Effective immediately, after review ISD has updated the policy so Stamp 1 CSEP holders or Stamp 1H permission holders are now eligible for a Stamp 4 upgrade upon completion of 21 months of employment in the State.
    • This determination will be based on an individual’s status in one of three categories:
      • Critical Skills Employment Permit
      • Hosting Agreement as a Researcher
      • Multi-Site General Employment Permit as a Non-Consultant Hospital Doctor

Background: Foreign nationals who have completed 57 months of employment on the basis of a General Employment Permit or an Intra-Company Transfer permit can now also apply for a Stamp 4. Previously, General Employment Permit holders were only eligible for a Stamp 4 upgrade after five years of employment, and Intra-Company Transfer Permit holders were not eligible for upgrade to a Stamp 4. The document requirements at registration for any employment category have not changed.

BAL Analysis: This change is welcome for employees who may no longer require second permits in order to satisfy the 21-month eligibility period for Stamp 4. The changes in policy should simplify the application process and provide additional access for eligible foreign nationals to live and work in Ireland.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Irish authorities announced sweeping changes to key immigration programs Wednesday, including what the government called the “largest ever expansion to the employment permits system.” Officials also announced they would increase minimum salary thresholds.

Key Changes to the Employment Permits Scheme

  • Critical Skills Occupations List. Eleven roles were added to the Critical Skills Occupations List. Occupations on this list are deemed to be “critically important” to the Irish economy, and workers in jobs on the list are eligible for streamlined work permit procedures, including an exemption from labor market testing requirements. The occupations added to the list include chemical engineer, project engineer, BIM manager and BIM coordinator/technician. The full list is available under “Occupations added to Critical Skills Occupation List” here.
  • Eligibility for General Employment Permits. Thirty-two occupations were removed from the Ineligible Occupations List, making workers in these positions eligible for General Employment Permits. These occupations include social care workers, car mechanics and bakers. The full list is available under “Occupations removed from Ineligible Occupations List, making them eligible for a General Employment Permit” here.
  • Extension of existing quotas. Existing quotas will be extended in 2024 for several occupations, including meat processing operatives (1,000 permits), butchers/deboners (350 permits) and dairy farm assistants (350 permits). An additional 1,000 General Employment Permits were provided for horticultural workers to support the sector until the introduction of the Seasonal Employment Permit.

Salary Requirements

The government announced the salary requirement for most General Employment Permit holders will increase from €30,000 to €34,000 in January 2024. Labor Market Needs Tests are required for General Employment Permit applications and, beginning in January, must reflect the increased salary level to be valid. Salary thresholds will also increase for Critical Skills Employment Permit holders, intra-company transferees and others.

Employment Permit Thresholds

Employment Permit Type Current Threshold 2024 Threshold
General €30,000 €34,000
Meat processing/horticulture €22,916 €30,000
Healthcare assistant/home carer €27,000 €30,000
Critical skills with a degree €32,000 €38,000
Critical skills without a degree €64,000 €64,000 (no change)
Intra-company transfer (trainee) €30,000 €34,000
Intra-company transfer €40,000 €46,000
Contract for services €40,000 €46,000

Additional Information: In announcing the changes, Neale Richmond, Ireland’s minister of state for business, employment and retail , said that with low unemployment in Ireland, demand for employment permits remains high. He said the addition of new occupations to the Employment Permits scheme would be a “huge benefit to Irish businesses and society.” He added that the 2024 salary increases mark the beginning of a phased approach to salary increases that are designed to “balance the rights of the workers with the needs of businesses.” His full remarks are available here.

BAL Analysis: The changes to the Employment Permits scheme will make it easier for non-EU/EEA nationals to work in key jobs in Ireland. Employers should take note of the changes to salary thresholds and plan accordingly. BAL will continue to follow immigration developments in Ireland and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

 

Irish officials announced that certain individuals will be allowed to travel this holiday season on a recently expired Irish Residence Permit card, effective through Jan. 31, 2024.

Key Points:

  • To qualify, an application to renew the IRP card must have been submitted to Immigration Services Delivery prior to the card’s expiration date.
  • Irish officials issued a Travel Confirmation Notice, which allows carriers to travel on a recently expired IRP card.
  • The measure is intended to facilitate international travel during the holiday travel season for non-European Union/European Economic Area nationals who legally reside in Ireland.

Background: As BAL previously reported, Ireland’s Immigration Services Registration Office is experiencing a high volume of IRP card renewal applications and estimates the time to receive a new IRP card to be approximately six weeks.

BAL Analysis: According to the announcement, individuals should download and print the travel notice and present it, along with their expired IRP card and proof of their renewal application, to immigration authorities and airlines. Applications for renewals will continue to be processed as quickly as possible, but residents who intend to travel internationally this upcoming holiday season should submit their renewal applications and plan accordingly.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

Irish officials announced that, effective Nov. 30, certain applicants for a Stamp 4 immigration permission will no longer be required to obtain a letter of support from the Department of Enterprise, Trade and Employment.

Key Points:

  • Currently, Critical Skills Employment Permit holders, Researchers on a Hosting Agreement and Non-Consultant Hospital Doctors Multi-Site General Employment Permit holders must request a support letter from DETE to apply for a Stamp 4 immigration permission with the Department of Justice.
  • These permit holders will no longer need to receive a support letter from DETE to apply for Stamp 4 permission after Nov. 30.
  • DETE will continue to process support applications received prior to Nov. 30. After the transition, the Department of Justice will have responsibility for processing Stamp 4 applications.
  • Individuals who do not apply to DETE for a support letter prior to Nov. 30 must provide the Registration Office, Immigration Services with additional evidence in support of the Stamp 4 residence permission application.

Background: Nationals wanting to stay in Ireland for more than 90 days ordinarily need to get immigration permission and an employment permit. Stamp 4 grants authorization to stay for a specified period as well as work and residence privileges without the requirement to hold a separate employment permit.

BAL Analysis: The recent development eliminates the requirement to submit a separate Stamp 4 support letter application to DETE. This change should simplify the process and potentially lead to a more streamlined application for Stamp 4 permission.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

Irish officials have advised non-European Economic Area nationals who need a new Irish Residence Permit card to apply as soon as possible and no later than Oct. 31 to accommodate for delayed processing expected in the lead up to the busy holiday travel season.

Key Points:

  • Ireland’s Immigration Services Registration Office in Dublin is experiencing a high volume of IRP card renewal applications and estimates the time to receive a new IRP card to be approximately six weeks.
  • A current IRP card may be required for travel to and from Ireland, so individuals required to renew their IRP card who intend to travel internationally over the coming holiday period should apply online via the Immigration Service Delivery online portal as soon as possible.

BAL Analysis: Residents who intend to travel internationally this upcoming holiday season should renew their permissions by the end of October to ensure their IRP card arrives in time to facilitate travel. Requests tend to increase ahead of holiday travel, and applicants should expect delays and plan accordingly.

 

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.