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Irish officials officially welcomed the Employment Permits Act 2024 into law, bringing changes to the Employment Permits System.
Key Points:
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.
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.
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.
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.
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.
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.
Irish officials announced that Immigration Service Delivery will now have the primary responsibility of managing initial registrations and renewals for Irish immigration residence permits.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.