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IMPACT – MEDIUM
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation now requires proof of qualifications of foreign professionals applying for employment permits.
What does the change mean? Foreign professionals are reminded that they must prove that their certification or degree is approved by a relevant Irish professional body. Accountants, for example, must show that their educational degree or membership in an institute of Certified Public Accountants is recognized by one of nine designated Irish bodies.
Background: As of Oct. 1, the DJEI began to require that foreign professionals applying for employment permits demonstrate that their qualifications are recognized by certain designated Irish regulatory bodies or government ministers.
Accountants applying for employment permits must show that their educational degree or membership in an institute for CPAs is recognized by one of the following Irish regulatory bodies:
Association of Chartered Certified Accountants Association of International Accountants Chartered Institute of Management Accountants Chartered Institute of Public Finance and Accountancy Institute of Certified Public Accountants in Ireland Institute of Chartered Accountants in Ireland Institute of Chartered Accountants in England and Wales Institute of Chartered Accountants in Scotland Institute of Incorporated Public Accountants
BAL Analysis: Companies sponsoring accountants and other professionals for Employment Permits are reminded to fulfill these new requirements as part of their applications.
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 – HIGH
What is the change? Ireland is planning to launch an online appointment system for re-entry visa applications soon.
What does the change mean? The online visa system will provide a more orderly scheme, especially during peak travel seasons, by relieving employees from having to queue at the INIS office without appointments.
Background: Originally proposed to take effect in April, the online system will allow visa applicants to book an appointment up to two months in advance. The applicant must print out a confirmation to bring to the appointment and show it, along with an ID, before their application can be processed. For family applicants, one adult may appear but must show proof of the relationship with the family applicants.
The online system is intended to relieve long queues. Currently, applicants who do not apply for their re-entry visas by post must queue up at the INIS office in Dublin during limited office hours and are given a ticket for service on a first-come, first-served basis with a maximum of 150 applicants processed per day.
BAL Analysis: The online system should significantly improve the speed and ease of obtaining a re-entry visa. BAL is following these developments and will update clients as the rollout date nears.
What is the change? Current Green Card and Critical Skills Employment Permit holders in Ireland will be required to fulfill new procedures for Stamp 4 applications.
What does the change mean? Applicants must submit greater documentation, including a letter from the employer, to the Department of Jobs, Enterprise and Innovation, which must issue an approval declaration before applicants can apply for a Stamp 4.
Background: Beginning April 1, current holders of Green Card or Critical Skills Employment Permits who apply for a Stamp 4 must submit additional proof to the DJEI that they have completed two years of employment in Ireland.
Along with a new form, applicants must submit the following:
The DJEI will determine if the documents confirm employment for the term of the permit and will issue a letter to the employee. The employee will use this letter to apply for the Stamp 4 in-person at the appropriate Garda National Immigration Bureau.
If approved, Stamp 4 is valid for two years and allows the holder to remain in Ireland without an employment permit. The Garda may refuse registration for valid grounds, such as if the applicant has lived outside Ireland for most of the previous period of permitted stay. If the Garda issues a Stamp 1 instead of a Stamp 4, the applicant must have a valid employment permit to continue to work.
BAL Analysis: Companies should be aware that the procedural changes will require a more detailed application process involving greater employer documentation. BAL is in communications with the principal officer at DJEI and will update clients on further developments.
What is the change? A backlog in Dublin is exacerbating delays in visa application processing.
What does the change mean? Employers and employees should apply as early as possible for visa services and expect lengthier waits. The visa office in Dublin is currently processing applications received Nov. 6.
Background: Last month, Ireland instituted a new computer system needed to process the nine permit categories that were created under the employment permits legislation. The transition created a backlog of applications. A new payment system has also slowed down processing.
Currently, the Dublin office is experiencing a continuing backlog and delays. Note that applications made by post are taking longer to process.
BAL Analysis: Businesses and foreign employees should expect delays to continue through the holidays and plan accordingly.
What is the change? A new payment system under the new employment permits legislation is slowing down processing.
What does the change mean? Under the new system, payments must be received in the Department of Jobs, Enterprise and Innovation bank account to queue the application form for processing. In the past, the application queued from the date of receipt by the Department, not receipt of payment. In addition to this delay, employers should also anticipate processing slowdowns due to the upcoming holidays.
Background: Ireland revised its employment permit scheme earlier this year, and the transition to the new case management system caused a backlog in October. In addition, under the new system, payment of application fees is submitted online and the Department does not begin processing until payment has cleared. This new requirement can add up to a week to the process. Previously, processing began as soon as payment was submitted.
Applications will face further delays in the coming months due to closures for the holidays.
BAL Analysis: While the new employment permit regime should ultimately streamline processing, it has gotten off to a bumpy start. Employers should be mindful that new payment arrangement will add approximately one week to processing times. Employers are reminded to file applications as early as possible and factor the additional time into their schedules.
What is the change? Ireland’s Employment Permits Section is now accepting scanned signatures with the original form in most cases.
What does the change mean? The use of digital signatures will ease preparation of employment permit applications.
Background: The Employment Permits Section of the Department of Jobs, Enterprise and Innovation announced the change Oct. 23 to take effect immediately. It noted that the Minister for Jobs, Enterprise and Innovation reserves the right to request original signatures in certain situations.
BAL Analysis: Companies and foreign employees will have more flexibility by being able to scan and sign employment applications remotely.
What is the change? Ireland has implemented new visa stamps for children under the age of 18 entering the country.
What does the change mean? The visa sticker will indicate whether the foreign child is traveling unaccompanied or accompanied; if accompanied, the child must travel with the named adult.
Background: Under a new policy, all children under 18 years of age applying for a visa will obtain a visa sticker that also states whether they will be traveling “accompanied” or “unaccompanied.”
The “accompanied” designation will also state either (a) the name and passport number of one adult or (b) the passport numbers of two adults. The visa is only valid if the child is accompanied by the adults on the visa sticker.
Children whose visas indicate they are traveling “unaccompanied” may travel alone or with an adult. If a child obtains a designated visa sticker but then reaches age 18, the visa will be treated as an adult visa with no designation.
The policy applies to all visas issued after Oct. 12.
BAL Analysis: Foreign workers intending to bring minor children to Ireland should work with their BAL attorney to plan how to apply for their children’s visa endorsement as this will impact the logistics of travel plans should one or both parents be designated on the children’s visas. Irish ports of entry will be screening travelers to make sure children are traveling with the designated person on the visa sticker.
IMPACT – LOW
What is the change? An increasing number of foreign national students are registering at the Garda National Immigration Bureau (GNIB) in Dublin’s City Centre. The heightened demand has caused long queues and significant delays in services.
What does the change mean? Foreign nationals registering for residence permits or applying for visas at the Dublin location should plan to arrive early and be prepared for longer-than-usual wait times. They should also be prepared for the possibility of having to return the next day.
Background: The increase in demand for these services is resulting largely from an increase in foreign students.
BAL Analysis: The delays are temporary; foreign nationals can expect demand to decrease in November, and the introduction of an online appointment system in 2015 should help further streamline the GNIB registration process. Foreign nationals in need of immediate immigration-related services should expect delays and plan accordingly.
This alert has been provided by the BAL Global Practice group and our network provider located in Ireland. For additional information, please contact your BAL attorney.
What is the change? The United Kingdom and Ireland have entered into an agreement to ease business and tourist travel in the two countries for Chinese and Indian nationals.
What does the change mean? Chinese and Indian nationals will soon be able to visit both the U.K. and Ireland on a single trip and with a single visa. They no longer need to apply for separate visas for the U.K. and Ireland in advance of travel – one visa will cover both countries.
Background: The U.K. government issued guidance on the new visa arrangement Oct. 6. It called the U.K.-Ireland agreement “one part of a joint program of work aimed at strengthening both countries’ borders.” The agreement will allow Chinese and Indian travelers to travel, for example, from London to Dublin without obtaining a second visa. Ireland’s Frances Fitzgerald, minister for justice and equality, said the change will “benefit the Northern Irish economy in particular” by making it easier to travel from Ireland to Northern Ireland, which is on the same island as Ireland but is part of the U.K.
BAL Analysis: The change will make it easier for Chinese and Indian nationals to travel to the U.K. and Ireland. It should be noted, however, that the switch applies only to certain travelers.
Chinese and Indian nationals will be able to travel to the U.K. and Ireland on the following U.K. visas: General Visitor, Business Visitor, Child Visitor (when accompanied), Student Visitor, Family Visitor, Entertainer Visitor, Private Medical Treatment Visitor, Sports Visitor, Parent of a Child at School, Prospective Entrepreneur, and Permitted Paid Engagement, and approved destination scheme. They can travel to the U.K. and Ireland using short-stay Irish visas to visit Ireland as a tourist, to visit family or friends, to attend a conference or event, or for business.
The program does not cover visitors in transit or visitors for marriage or civil partnership. Chinese and Indian nationals will also have to apply for a separate U.K. visa if they are traveling to Ireland on work or study visas. Travelers must travel first to the country for which they have a visa.
(Ireland’s Employment Permits (Amendment) Act takes effect Oct. 1. In a series of alerts, BAL will highlight the major changes to help prepare employers for this overhaul of Ireland’s employment permit regime.)
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation (DJEI) has released the new employment permit application forms and the list of eligible occupations for highly skilled workers.
What does the change mean? Companies must use the new forms when filing employment permit applications and determine whether assignees fall under eligible occupations in the nine new employment permit categories.
Background: The Act is now in force and new application forms for employment permits in the nine new categories have been released. DJEI previously announced it would not provide a grace period during the transition to the new forms; therefore, applicants must use the new forms immediately. DJEI has also published the list of eligible and ineligible occupations by industry.
BAL Analysis: Companies should prepare for some confusion and longer wait times during the rollout.