Employment Permits Act 2024

Type Act

Publication 2024-06-25

State In force

Source Irish Statute Book

articles 78

(8) (a) The fee referred to in subsection (7) shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for such application shall not be payable.

(9) Sections 18 and 22 shall, subject to the modifications specified in subsection (10), apply to the approval of, or the refusal to approve, a change of employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(10) The modifications mentioned in subsection (9) are—

(a) in section 18—

(i) in subsection (1)(c), construing the reference to section 12 or 13 as a reference to this section, and

(ii) in subsection (1)(d), construing the reference to section 32 or 33 as a reference to section 28,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(11) Subject to sections 9, 22 (as applied by subsection (9)) and 28, the Minister may, on consideration of an application made under this section, approve a change to the employer specified in a permit referred to in subsection (1).

(12) Where the Minister approves a change of employer under subsection (11), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(13) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(14) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(15) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 21(2)(b), any statement of conditions attaching to the permit referred to in section 21(2)(f), and any information referred to in section 21(2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

28. Change of employer: refusal to approve change

28. (1) Section 32(1), (2)(a) and (7) and section 33(1) (other than paragraph (n)), (2), (3), (4) and (7) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 27 as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) in section 32(7), the omission of the reference to that section being subject to sections 44(5) and 45(5),

(b) in section 33—

(i) in subsection (1)(b), construing the reference to section 12(12) as a reference to section 27(8),

(ii) in subsection (1)(p), construing the reference to the person identified in the application in accordance with section 12(6), or as the case may be, the connected person, as a reference to the new employer, and

(iii) in subsection (7), construing the reference to the person identified in the application in accordance with section 12(6) as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 27,

(d) construing the references to the application for the permit or the application as a reference to the application under section 27, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 27 if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 27(1),

(b) the employment of the foreign national by the new employer—

(i) in the case of a general employment permit, is not the same type of employment for which the employment permit referred to in section 27(1) was granted, or

(ii) in the case of a critical skills employment permit, does not fall within the same category of employment (being a category of employment specified in regulations under section 47 in respect of which a critical skills employment permit may be granted) as the employment for which the employment permit referred to in section 27(1) was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including, in the case of a general employment permit, those relating to any of the matters specified under section 47(12) as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, or

(e) the foreign national has already made, under section 27, the maximum number of applications specified in regulations under section 47(5).

(4) Where the Minister refuses to approve a change of employer, the Minister shall notify, in writing, the applicant of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 50(14), submit the decision to the Minister for review under subsection (5) within the period referred to in section 35(2) as applied by subsection (6).

(5) A decision of the Minister to refuse to approve a change of employer may, in accordance with regulations under section 50(14), be submitted by the applicant therefor to the Minister for review.

(6) Section 35(2) to (8) shall, subject to the modifications specified in subsection (7), apply to a review under subsection (5) as they apply to a review under section 35(1).

(7) The modifications mentioned in subsection (6) are—

(a) in section 35(2), construing the reference to a submission under subsection (1) of that section as a reference to a submission under subsection (5),

(b) in section 35(3)—

(i) construing the reference to the application for the employment permit as a reference to the application under section 27, and

(ii) construing the reference to subsections (1) and (2) of that section as a reference to subsection (5) and section 35(2) (as applied by this section),

(c) construing the references to a decision referred to in subsection (1) or (3) of section 35 as references to a decision referred to in subsection (5),

(d) construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a change of employer under section 27,

(e) construing the references to section 34 as references to subsection (4), and

(f) any other necessary modifications.

(8) This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a change of employer under section 27.

(9) In this section—

“existing employer” has the meaning assigned to it by section 27(2);

“new employer” has the meaning assigned to it by section 27(2).

29. Change of approved seasonal employer: application and approval of change

29. (1) This section applies where—

(a) a seasonal employment permit has been granted to a foreign national, and

(b) that permit is in force and will remain in force for at least 3 weeks from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1) (in this section referred to as the “existing employer”) to a different employer, being an approved seasonal employer, (in this section referred to as the “new employer”) may be made by a foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) The foreign national shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 50 in respect of a change to the employer specified in a seasonal employment permit.

(5) The foreign national shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 13) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the foreign national has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing.

(8) Sections 18 and 22 shall, subject to the modifications specified in subsection (9), apply to an application to change employer under this section as they apply to an application to grant an employment permit.

(9) The modifications mentioned in subsection (8) are—

(a) in section 18—

(i) the omission of subsections (1)(b), (3)(b) and (4),

(ii) in subsection (1)(c), construing the reference to section 12 or 13 as a reference to this section, and

(iii) in subsection (1)(d), construing the reference to section 32 or 33 as a reference to section 30,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(10) Subject to sections 9(2)(j), 22 (as applied by subsection (8)) and 30, the Minister may, on consideration of an application made under this section, approve a change to the approved seasonal employer specified in a permit referred to in subsection (1)(a).

(11) Where the Minister approves a change of employer under subsection (10), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(12) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(13) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(14) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

30. Change of approved seasonal employer: refusal to approve change

30. (1) Section 32(7) and section 33(1)(a), (c), (d), (f) to (m) and (p) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 29 as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) in section 32(7), the omission of the reference to that section being subject to sections 44(5) and 45(5),

(b) in section 33(1)(p), construing the reference to the person identified in the application in accordance with section 12(6), or as the case may be, the connected person, as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 29,

(d) construing the references to the application for the permit or the application as a reference to the application under section 29, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 29 if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 29(1),

(b) the employment of the foreign national by the new employer is not the same type of seasonally recurrent employment for which the employment permit referred to in section 29(1)(a) was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including those relating to any of the matters specified under section 47(12) as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than one month outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(e) the foreign national has already made, under section 29, the maximum number of applications specified in regulations under section 47(5), or

(f) in the opinion of the Minister, the new employer has not made appropriate arrangements—

(i) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29(1), or

(ii) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29(1).

(4) Section 28(4) to (8) shall, subject to any necessary modifications, apply to a refusal to approve a change of employer under this section as they apply to a refusal to approve a change of employer under section 28.

(5) In this section—

“existing employer” has the meaning assigned to it by section 29(2);

“new employer” has the meaning assigned to it by section 29(2).

31. Employment of non-consultant hospital doctors

31. (1) Where an application is made for the grant or renewal of an employment permit in respect of the employment of a foreign national as a non-consultant hospital doctor—

(a) the application shall be made by the person proposing to employ the foreign national concerned,

(b) the period for which the foreign national concerned may be employed in the State pursuant to an employment permit granted or renewed in respect of such an application shall be a period of 2 years, and

(c) an employment permit referred to in paragraph (b) shall operate to permit the employment in the State of the foreign national concerned as a non-consultant hospital doctor by—

(i) the person who made the application, or

(ii) any other person who has made a notification to the Minister under subsection (2).

(2) Where, during the period for which an employment permit referred to in subsection (1)(b) is in force—

(a) the employment of the foreign national by a person referred to in subsection (1)(c)(i) or (ii), for whatever reason, ceases, and

(b) another person proposes to employ the foreign national as a non consultant hospital doctor pursuant to such employment permit,

the person referred to in paragraph (b) shall, within such period as may be prescribed in advance of the date of commencement of the proposed employment, notify the Minister of the matters referred to in subsection (3).

(3) A notification referred to in subsection (2) shall specify—

(a) the name of the person proposing to employ the foreign national,

(b) the place at or in which the employment concerned is to be carried out,

(c) the terms and conditions, including the hours of work in each week, and the duration, of the employment concerned, and

(d) the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment concerned.

(4) Upon receipt of a notification referred to in subsection (2), the Minister—

(a) may request such information and documents, as may be specified in regulations under section 50, in respect of the matters referred to in subsection (3),

(b) shall amend the particulars contained in the register in respect of the employment permit concerned to reflect the matters referred to in subsection (3)(a) and (b), and

(c) may, upon request made to him or her by the foreign national or the person who made the notification, issue to the person who made the request an amended employment permit to reflect the matters referred to in subsection (3).

Chapter 6 Refusal to grant employment permit

32. Mandatory grounds for refusal of employment permit

32. (1) The Minister shall refuse to grant an employment permit where he or she is satisfied that in the 6 months preceding the day on which the application was made—

(a) a person was employed in the employment that is the subject of the application, and

(b) that person was dismissed by reason of redundancy from that employment.

(2) The Minister shall refuse to grant an employment permit where—

(a) the person who has made the offer of employment—

(i) is not registered with the Revenue Commissioners, or

(ii) in a case where the person is carrying on a business, the Minister is satisfied that such person is not engaged in substantive business operations in the State,

(b) in the case of an application for a contract for service employment permit—

(i) the contractor, or

(ii) where the foreign national concerned is employed by a subcontractor, the subcontractor,

is not registered with the Revenue Commissioners.

(3) The Minister shall refuse to grant a contract for service employment permit where the Minister has reasonable grounds to believe that the foreign national concerned may not be employed by the contractor or subcontractor concerned during the period for which the employment permit is to be granted.

(4) In the case of an application for an intra-company transfer employment permit, the Minister shall, subject to subsection (5), refuse to grant an employment permit if the Minister is satisfied that—

(a) the connected person is not engaged in substantive business operations in the State,

(b) the connected person is not registered with the Revenue Commissioners,

(c) the foreign employer is not engaged in substantive business operations in the place, outside the State, in which it is established, or

(d) the connected person is not connected with the foreign employer.

(5) Subsection (4)(a) shall not apply to the connected person where, on the date the application is made, the connected person carrying on those business operations has been registered with the Revenue Commissioners for a period not exceeding such period as may be prescribed by the Minister.

(6) In the case of an application for an intra-company transfer employment permit or a contract for service employment permit, the Minister shall—

(a) without prejudice to section 33(1)(m), refuse to grant an employment permit if the Minister is satisfied that the hourly rate of the remuneration, in so far as it relates to the salary to be paid to the foreign national, is less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”,

(b) without prejudice to section 33(1)(a), refuse to grant an employment permit where the connected person did not provide the information and documents referred to in section 24(4) or the contractor or subcontractor, as the case may be, did not provide the information and documents referred to in section 25(4), or

(c) refuse to grant an employment permit where the Minister is not satisfied with the arrangements for the additional payment referred to in section 24(4)(g) or, as the case may be, section 25(4)(g).

(7) Subject to sections 44(5) and 45(5), the Minister shall refuse to grant an employment permit if the granting of it would contravene regulations under section 47 in force at the time the decision on the application for the permit is made.

(8) This section and section 33 are without prejudice to the other requirements under this Act that must be satisfied with respect to the grant of an employment permit.

33. Discretionary grounds for refusal of employment permit

33. (1) The Minister may refuse to grant an employment permit if—

(a) the applicant for the permit has failed to provide any information required by or under this Act in respect of the application for the permit or has failed to provide any information, documents or evidence required by or under this Act in respect of the application within the period specified in regulations under section 50,

(b) subject to section 12(12), the application has not been accompanied by the prescribed fee,

(i) a contract for service employment permit, the contractor, subcontractor or the relevant person,

(ii) an intra-company transfer employment permit, the connected person, or

(iii) a foreign national who is employed under a contract of employment referred to in paragraph (b) of the definition of “contract of employment”, the employment agency with whom the foreign national has entered into that contract of employment,

has been convicted of an offence under this Act or an enactment specified in Schedule 1 during the period of 5 years ending on the date of the application,

(d) in the opinion of the Minister, the granting of the permit would be manifestly inconsistent with economic policy for the time being of the Government,

(e) subject to subsection (2), the following 2 conditions are satisfied:

(i) a period of less than a period to be prescribed (which period shall be not less than 6 and not more than 12 months) has elapsed since the foreign national concerned first commenced employment in the State pursuant to an employment permit granted to him or her;

(ii) the application is made within the period referred to in subparagraph (i) and on the date of the application—

(I) the employment permit referred to in subparagraph (i) is in force, or

(II) the employment permit referred to in subparagraph (i) has been cancelled, in accordance with section 43, within the period referred to in subparagraph (i),

(f) in the opinion of the Minister, it is in the public interest to do so,

(g) a material misrepresentation in respect of the application has been made by the applicant,

(h) a forged or fraudulent document has been submitted in respect of the application,

(i) the foreign national concerned lands or has landed, or is or has been, in the State without permission,

(j) the foreign national in respect of whom the application is made—

(i) has landed in the State with the permission of the Minister for Justice but has not been given the permission referred to in section 8(1)(f) by the Minister for Justice, and

(ii) was, on the date the application was made—

(I) employed by the person who made the offer of employment that is the subject of the application, or

(II) employed by another person on that date,

without an employment permit or the permission referred to in section 8(1)(f),

(k) the foreign national in respect of whom the application is made had been in employment in the State prior to the making of the application without an employment permit or permission of the Minister for Justice referred to in section 8(1)(f),

(l) the foreign national in respect of whom the application is made has landed in the State with the permission of the Minister for Justice and that permission is granted on the condition that the foreign national concerned shall not be in employment in the State,

(m) the remuneration to be paid to the foreign national concerned in respect of the proposed weekly hours of work (whatever they may be) is less than the standard working week remuneration,

(n) the skills, knowledge, and where appropriate, qualifications and experience, referred to in section 13(b), are not required for, or relevant to, the employment concerned,

(o) the Minister is satisfied that the foreign national concerned does not possess the qualifications, knowledge or skills for the employment concerned or the foreign national concerned does not have the appropriate level of experience required for the employment, or

(p) the Minister is satisfied that the person identified in the application in accordance with section 12(6), or as the case may be, the connected person, has failed to comply with any conditions attaching to the grant of an employment permit on a previous occasion.

(2) In deciding whether or not to refuse an application under subsection (1)(e), the Minister shall have regard to whether any changes were made, subsequent to the grant of the employment permit referred to in subsection (1)(e)(i), to the conditions of employment of the foreign national to whom the permit was granted.

(3) The Minister may refuse to grant an employment permit where the application is in respect of an employment that, having regard to the different purposes referred to in section 9(2), does not fall within the purpose in respect of which the application was made or is an employment that is specified in regulations under section 47 in respect of a different purpose.

(4) The Minister may refuse to grant an employment permit if—

(a) the foreign national in respect of whom the application is made is not registered with, or

(b) the qualifications of the foreign national concerned are not recognised by,

a regulatory body or a Minister of Government as required in any regulations made under section 47(2)(f) or (10).

(5) In the case of an application for an intra-company transfer employment permit, the Minister may refuse to grant an employment permit if—

(a) in the opinion of the Minister, the connected person or the foreign employer has not, or both of them have not, made appropriate arrangements—

(i) to provide appropriate accommodation and board, or either of them, for the foreign national during the period in which he or she is in the State to carry out duties for, or participate in a training programme provided by the connected person, or

(ii) to provide appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit,

(b) the Minister is satisfied that the health insurance provided by the person referred to in paragraph (b)(iii)(II) of section 3(1) does not have the same, or similar, effect as the health insurance provided by a health insurer, or

(c) the Minister is satisfied that the carrying out of the duties, or the participation in the training programme, by the foreign national is not appropriate to the requirements of the connected person.

(6) In the case of an application for a contract for service employment permit, the Minister may refuse to grant an employment permit if—

(a) in the opinion of the Minister, the contractor or the subcontractor, as the case may be, has not made appropriate arrangements—

(i) to provide appropriate accommodation and board, or either of them, for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement, or

(b) the Minister is satisfied that the health insurance provided by a person referred to in paragraph (b)(iii)(II) of section 3(1) does not have the same, or similar, effect as the health insurance provided by a health insurer.

(7) In the case of an application for a seasonal employment permit, the Minister may refuse to grant an employment permit if, in the opinion of the Minister, the approved seasonal employer has not made appropriate arrangements—

(a) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit, or

(b) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit.

(8) The Minister may refuse to grant an employment permit if he or she is satisfied that the person identified in the application in accordance with section 12(6)—

(a) is a company within the meaning of the Companies Act 2014, and does not comply with any requirement relating to the registration of the company pursuant to that Act,

(b) does not comply with any requirement relating to the registration of the business name of that person pursuant to the Act of 1963,

(c) is a limited partnership referred to in the Limited Partnerships Act 1907, and does not comply with any requirement relating to the registration of the limited partnership under that Act,

(d) is an industrial and provident society within the meaning of the Industrial and Provident Societies Acts 1893 to 2021, and does not comply with any requirement relating to the registration of the society pursuant to those Acts,

(e) is a friendly society within the meaning of the Friendly Societies Acts 1896 to 2021, and does not comply with any requirement relating to the registration of the society pursuant to those Acts, or

(f) is a trade union within the meaning of the Trade Union Acts 1871 to 1990, and does not comply with any requirement relating to the registration of that trade union under those Acts.

(9) The Minister may refuse to grant an employment permit in the case of an application for—

(a) a reactivation employment permit, where—

(i) a reactivation employment permit had previously been granted and had expired before the application was made and no application for renewal was made in respect of that employment permit, and

(ii) the Minister is satisfied that it is in the public interest to refuse to grant the employment permit,

(b) a sports and cultural employment permit, where, having consulted with a person referred to in section 17, the Minister is satisfied that the employment that is the subject of the application concerned is not appropriate for the development and operation of sporting, or, as the case may be, cultural activities in the State,

(i) the exchange agreement concerned does not apply to the foreign national in respect of whom the application is made, or, without prejudice to section 32(7), the employment in respect of which the application is made, or

(ii) without prejudice to section 32(7), the employment in respect of which the application is made does not come within the exchange agreement,

and

(d) a dependant employment permit, where, in the opinion of the Minister, the requirements of section 14(2) or, as the case may be, section 14(3) have not been met.

(10) In the case of an application for an internship employment permit, the Minister may refuse to grant an employment permit where—

(a) the Minister is satisfied that—

(i) the foreign national concerned is not a full-time student enrolled in a third level institution outside the State,

(ii) the course of study concerned is not wholly or substantially concerned with the qualifications or skills referred to in section 9(2)(i), or

(iii) the employment in respect of which the application is made is not wholly or substantially concerned with the skills or qualifications referred to in subparagraph (ii),

(b) the Minister is not satisfied that there is a shortage of those qualifications or skills, or

(c) the Minister is satisfied there are reasonable grounds for believing that, at the end of the period referred to in section 9(2)(i), the foreign national may not return to the institution outside the State in which he or she is enrolled to complete the course of study concerned.

34. Notification of refusal and return of fee

34. (1) Where the Minister refuses to grant an employment permit, the Minister shall notify, in writing, the applicant of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 50(14), submit the decision to the Minister for review under section 35 within the period referred to in section 35(2).

(2) Where an application for an employment permit is refused or withdrawn, the Minister shall return to the person who paid the fee, or a person referred to in subsection (3), such portion, as may be prescribed, of the fee that has been submitted in respect of the application.

(3) The person who paid the fee referred to in subsection (2) may nominate a person to whom the portion of the fee is to be returned in the case where such fee is to be returned.

35. Review of decision to refuse grant of employment permit

35. (1) A decision of the Minister to refuse to grant an employment permit may, in accordance with regulations under section 50(14), be submitted by the applicant therefor to the Minister for review under this section.

(2) A submission under subsection (1) shall be made within a prescribed period from the date the decision is notified under section 34 to the applicant.

(3) Where following a decision to refuse to grant an employment permit—

(a) the Minister receives information or documents relating to the application for the employment permit concerned,

(b) the information is, or documents are, received within a prescribed period from the date the decision is notified under section 34 to the applicant,

(d) the Minister is satisfied, having considered such information or documents and having regard to all the circumstances, that it is appropriate to review that decision and to take such information or documents into account in such review,

the Minister may direct that the decision to refuse to grant the employment permit concerned be reviewed under this section, and where he or she so directs, shall notify the applicant of the review.

(4) A review under this section of a decision referred to in subsection (1) or (3) shall be carried out by an officer of the Minister appointed by the Minister for that purpose and the person so appointed—

(a) shall not be the person who made the decision, and

(b) shall be of a grade senior to the grade of the person who made the decision.

(5) In the case of a review of a decision referred to in subsection (1), the person so appointed having afforded the applicant an opportunity to make representations in writing in relation to the matter, may, subject to subsections (7) and (8)—

(a) confirm the decision (and, if the person does so, he or she shall notify in writing the applicant of the reasons for the confirmation), or

(b) cancel the decision and grant to the foreign national concerned the employment permit the subject of the application to which the review relates.

(6) In the case of a review of a decision referred to in subsection (3), the person so appointed, having taken into account the information or documents referred to in that subsection and afforded the applicant for the employment permit concerned an opportunity to make representations in writing in relation to the matter, may, subject to subsection (7) and (8)—

(a) confirm the decision (and, if the person does so, he or she shall notify such applicant in writing of the reasons for the confirmation), or

(b) cancel the decision and grant to the foreign national concerned the employment permit the subject of the application to which the review relates.

(7) Where, during the course of a review of a decision referred to in subsection (1) or (3), the person so appointed is of the view that there are reasons to confirm the decision that differ to the reasons notified to the applicant in accordance with section 34, the person so appointed shall, before deciding whether to confirm or cancel the decision in accordance with subsection (5) or (6)—

(a) notify, in writing, the applicant of those reasons, and

(b) afford the applicant an opportunity to make representations in writing in relation to those reasons.

(8) Where, during the course of a review of a decision referred to in subsection (1) or (3), the person so appointed is informed of—

(a) new information or documentation that was not available to the decision-maker when he or she made the decision, or

(b) a change in circumstances relating to the application in respect of which the decision was made,

that is relevant to the refusal or grant of an employment permit in that case, the person so appointed shall refer the application back to the decision-maker for reconsideration and the making of a new decision in relation to it, or where the decision-maker is unable (for whatever reason) to reconsider or make such a decision, an officer of the Minister appointed by the Minister for that purpose.

Chapter 7 Renewal of employment permit

36. Renewal of employment permit

36. (1) Subject to subsection (2) and section 72, the Minister may from time to time, on application to him or her under this section, renew an employment permit in accordance with this section.

(2) The following employment permits shall not be renewable:

(a) an intra-company transfer employment permit granted in respect of an employment referred to in section 9(2)(d)(ii);

(b) an internship employment permit.

(3) An application for the renewal of an employment permit shall be made either—

(a) within such period before the expiry of the period for which it has been granted (or for which it has last been renewed under this section) as may be prescribed, or

(b) within such period after the expiry of that period as may be prescribed.

(4) Subject to section 31, an application for the renewal of an employment permit—

(a) may be made by the holder of the employment permit concerned or the employer, or

(b) where the application is—

(i) for the renewal of a contract for service employment permit, shall be made by the contractor or subcontractor concerned,

(ii) for the renewal of an intra-company transfer employment permit in respect of an employment referred to in section 9(2)(d)(i), shall be made by the connected person concerned,

(iii) for the renewal of an employment permit in respect of a foreign national referred to in section 12(2)(c), shall be made by the person referred to in section 12(2)(c), or

(iv) for the renewal of a seasonal employment permit, shall be made by the employer concerned who is, at the time of the making of the application, an approved seasonal employer.

(5) The person making the application for the renewal of an employment permit shall—

(a) provide, with the application for renewal, such information, documents and evidence as may be specified in regulations under section 50 in respect of the renewal of an employment permit, and

(b) without prejudice to the generality of paragraph (a), in the case of an application for the renewal of an employment permit referred to in section 37(2) or (3), as the case may be, provide, with the application for renewal, such information, documents and evidence as may be specified in regulations under section 50, in respect of the payment of the additional payment referred to in section 24(2) or (3) or, as the case may be, section 25(2) or (3), during the period for which the employment permit, that is the subject of the application for renewal, has been granted.

(6) The applicant for a renewal of an employment permit shall furnish to the Minister—

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application for renewal.

(7) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (6)(a).

(8) An application for a renewal of an employment permit shall be in writing and, subject to subsection (9), be accompanied by such fee (if any) as may be prescribed.

(9) (a) The fee referred to in subsection (8) shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying the class or classes of foreign national, employer or employment permit in respect of which the prescribed fee for an application under this section shall not be payable.

37. Period for which employment permit may be renewed

37. (1) The period for which an employment permit may be renewed under section 36 shall, subject to this section, section 9(2)(j)(ii), section 31(1)(b), section 38(3) and section 39(4) and (5), not exceed such period as may be prescribed by the Minister in accordance with section 47(2)(j).

(2) In the case of the renewal of an intra-company transfer employment permit granted in respect of an employment referred to in section 9(2)(d)(i), where the Minister is satisfied that the duties to be carried out for the connected person will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (4), renew the permit in accordance with this section, for the period referred to in subsection (1) or, where the remaining period in which those duties are to be completed is less than the period referred to in subsection (1), for the lesser period.

(3) In the case of the renewal of a contract for service employment permit, where the Minister is satisfied that the duties to be performed in the State pursuant to the contract service agreement will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (4), renew the permit, in accordance with this section, for the period referred to in subsection (1) or, where the remaining period in which those duties are to be completed is less than the period referred to in subsection (1), for the lesser period.

(4) Subject to section 31, the total period for which an employment permit referred to in subsections (2) or (3) may be in force, whether granted or renewed, shall not exceed such period as may be prescribed by the Minister from the date on which it was first granted.

(5) Subject to subsection (6), if, at the date of the making of an application for the renewal of an employment permit, the period for which the permit has been in force (including the periods for which it has been previously renewed) is 5 or more years, then the period for which the permit may be renewed on foot of that application may be an unlimited period.

(6) Subsection (5) shall not apply to the renewal of an employment permit referred to in subsections (2) or (3) or section 38(3).

(7) In the case of the renewal of a seasonal employment permit, the permit shall be in force only during the period for which the employment permit is renewed, which shall be during a period or periods specified in regulations under section 9(4)(b).

(8) The period for which a dependant employment permit may be renewed shall be the lesser of—

(a) the period referred to in subsection (1), or

(b) the period beginning on the date on which the employment permit is to be renewed and ending on the date of the expiry of—

(i) the employment permit granted to the primary permit holder referred to in section 14(2)(a),

(ii) the permission, referred to in section 14(2)(b), given to the primary permit holder referred to in section 14(2)(b) to remain in the State and be in employment in the State,

(iii) the permission referred to in section 14(3)(a), given to the research project researcher referred to in section 14(3)(a), or

(iv) the permission, referred to in section 14(3)(b), given to the research project researcher referred to in section 14(3)(b) to remain in the State and be in employment in the State.

(9) Nothing in subsection (8) shall be construed as preventing a dependant employment permit being renewed for a period that is less than the period specified in subsection (1) in circumstances other than those specified in subsection (8).

38. Application of certain sections to renewal of employment permit

38. (1) Sections 18, 21, 22, 32 (other than subsection (7)), 33, 34 and 35 shall, subject to subsection (3) and the modifications specified in subsection (2), apply to the grant of, or the refusal to grant, a renewal of an employment permit as they apply to the grant of, or the refusal to grant, an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) the omission of subsection (1)(b) from section 18,

(b) in respect of section 22, construing references to—

(i) the date of the application for an employment permit as references to the date of the application for the renewal of an employment permit, and

(ii) the person who made the offer of employment as references to the employer of the foreign national in respect of whom the application for the renewal of an employment permit is made,

(c) the substitution of references to a decision of the Minister to refuse to grant a renewal of an employment permit for references to a decision of the Minister to refuse to grant an employment permit, and

(d) any other necessary modifications.

(3) Section 22 shall not apply to an application for the renewal of an employment permit, where—

(a) the application is made to renew a dependant employment permit, general employment permit, reactivation employment permit or a sports and cultural permit,

(b) on the day the application is made the holder in respect of whom that application is made is the sole employee of the employer concerned, and

(c) at the time the application to grant the employment permit was made, section 22(3) applied in respect of the grant of that employment permit.

39. Additional grounds for refusing renewal of employment permit

39. (1) The Minister may, subject to subsection (2), refuse to renew an employment permit if—

(a) the foreign national is not or, in the case of a seasonal employment permit, was not during any period for which the permit was in force, in the opinion of the Minister—

(i) employed in the employment specified in accordance with section 21(2)(b), or 27(15)(b) or 29(14)(b) as the case may be, in the employment permit,

(ii) employed by the person referred to in section 19(2)(b) or, where applicable, a person referred to in section 31(1)(c), or the new employer within the meaning of section 27 or 29, or

(iii) in the case of an intra-company transfer employment permit, employed by the foreign employer or is not carrying out duties for the connected person referred to in section 19(3),

(b) in the opinion of the Minister—

(i) the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated pursuant to section 21(2)(b), or 27(15)(b) or 29(14)(b) as the case may be, in the employment permit or, as the case may be, the remuneration stated in the notification referred to in section 31(2), or

(ii) the deductions stated pursuant to section 21(2)(b), or 27(15)(b) or 29(14)(b) as the case may be, in the employment permit or, as the case may be, the deductions stated in the notification referred to in section 31(2), were different to the deductions made by the employer,

(i) 3 months, or

(ii) in the case of a seasonal employment permit, one month,

outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(d) subject to subsection (3), the granting of the application to renew the permit would contravene regulations under section 47 in so far as those regulations make provision for, pursuant to section 47(17), the renewal of an employment permit, or

(e) the information, documents and evidence referred to in paragraphs (a) and (b) of section 36(5) were not provided as required under those paragraphs.

(2) Subsection (1)(a)(i) shall not apply where the foreign national is employed with the same employer specified in the employment permit and the skills, qualifications or experience required for the employment in respect of the application is made are the same, or substantially the same, as the skills, qualifications or experience required for the employment in respect of which the employment permit was granted.

(3) The Minister may, notwithstanding subsection (1)(d), renew an employment permit in respect of an employment that—

(a) at the date of the grant of such permit was an employment, specified in regulations under section 47, in respect of which an employment permit may have been granted or fell within a category of employment specified in regulations made under section 47 for which an employment permit may have been granted, and

(b) at the date of the application for the renewal, is an employment, or falls within a category of employment, specified in regulations made under section 47 as an employment or category of employment for which an employment permit shall not be granted.

(4) Where an application is made for the renewal of a general employment permit or an intra-company transfer employment permit granted in respect of an employment referred to in section 9(2)(d)(i), and section 22(2) applied in respect of such grant and, on the date the application for such renewal was made, 50 per cent or more of the employees of the employer or the connected person, as the case may be, are not nationals referred to in section 22(1), the Minister shall not grant the renewal of the permit concerned unless—

(a) an enterprise development agency has made a recommendation referred to in section 16 in respect of that application, and

(b) the Minister is satisfied that, having regard to such recommendation, renewing the employment permit concerned will contribute to the further development of employment in the State,

and where the employment permit concerned is renewed, the period for which the employment permit is renewed shall not exceed such period as may be prescribed by the Minister.

(5) Where a subsequent application is made for the renewal of an employment permit that was last renewed in accordance with subsection (4), the Minister shall not renew the employment permit unless 50 per cent or more of the employees of the employer or the connected person, as the case may be, are nationals referred to in section 22(1) and where, pursuant to that subsequent application, the employment permit concerned is renewed, the period for which it is renewed shall not exceed such period as may be prescribed by the Minister.

(6) This section is—

(a) in addition to, pursuant to section 38, the grounds specified in sections 32 and 33 for refusing an application for renewal, and

(b) without prejudice to the other requirements under this Act that must be satisfied with respect to the renewal of an employment permit.

Chapter 8 Cessation of employment permit

40. Revocation of employment permit

40. (1) The Minister may revoke an employment permit if—

(a) in the opinion of the Minister, the holder of the permit or the employer or connected person has not complied with section 54(1) or (2),

(b) the holder of the permit or the employer, connected person or relevant person has been convicted of an offence under this Act or an enactment specified in Schedule 1,

(d) in the opinion of the Minister, any information provided in respect of the application for it was false or misleading in a material respect,

(e) in the case of a dependant employment permit—

(i) the primary permit holder referred to in section 14(2)(a) has been redundant within the meaning of section 7(2) of the Act of 1967 for a period exceeding 6 months,

(ii) the employment permit granted to the primary permit holder referred to in section 14(2)(a) has been revoked, or

(iii) the primary permit holder referred to in section 14(2)(b) or the research project researcher referred to in section 14(3)(b) no longer has the permission referred to in section 8(1)(f),

(f) the foreign national has not—

(i) commenced employment in accordance with the employment permit within the period prescribed under section 19(9), or

(ii) where the Minister has approved a change of employer under section 27(11) or 29(10), commenced employment with the new employer (within the meaning of section 27 or 29, as the case may be) within the period prescribed under section 27(14) or 29(13), as the case may be,

(g) in the case of an intra-company transfer employment permit, in the opinion of the Minister the connected person or the foreign employer has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform duties for, or participate in a training programme provided by, the connected person, or

(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

(h) in the case of a contract for service employment permit, in the opinion of the Minister, the contractor or subcontractor, as the case may be, has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement concerned, or

(i) in the case of a seasonal employment permit, in the opinion of the Minister, the approved seasonal employer has failed to—

(i) provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit, or

(ii) provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national during the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

(j) the foreign national is not, in the opinion of the Minister—

(i) employed in the employment specified, in accordance with section 21(2)(b), or 27(15)(b) or 29(14)(b) as the case may be, in the employment permit,

(ii) employed by the person referred to in section 19(2)(b) or, where applicable, a person referred to in section 31(1)(c) or the new employer within the meaning of section 27 or 29, or

(iii) employed by the foreign employer or is not carrying out the duties for, or participating in a training programme provided by, the connected person referred to in section 19(3),

(k) in the opinion of the Minister, the remuneration paid, insofar as it relates to the salary referred to in paragraphs (a)(i), (b)(i) and (c)(i) of section 3(1), to the foreign national is less than the national minimum hourly rate of pay or the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”,

(l) without prejudice to paragraph (k), in the opinion of the Minister—

(m) the statement of earnings, referred to in section 24 or 25, does not comply with the requirements of section 24(1)(c), or section 25(1)(b), as the case may be,

(n) the employment permit was granted by virtue of an administrative error, or

(o) in the opinion of the Minister, it is in the public interest to do so.

(2) Where the Minister decides to revoke an employment permit, he or she shall notify, in writing, the holder of the permit and the employer or the connected person, as the case may be, of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the holder or the employer or both of them, or, as the case may be, the holder or the connected person or both of them, may, in accordance with regulations under section 50(14), submit the decision to the Minister for review under section 41 within the period referred to in section 41(2).

(3) Subject to subsection (5), a decision to revoke an employment permit under this section shall, if such decision has not been submitted to the Minister for review under section 41 in accordance with that section, take effect on the expiration of the period mentioned in subsection (2)(c).

(4) Where such a decision is submitted to the Minister for review under section 41 in accordance with that section, the revocation of the employment permit concerned shall, subject to subsection (5), not take effect until the review is determined (and the decision is confirmed on that review) or the submission of the decision for review is withdrawn.

(5) Where, in the opinion of the Minister, the circumstances concerning the revocation of an employment permit are such that, having regard to the public interest, it is appropriate that the decision to revoke the permit should take effect immediately and he or she states that opinion in the notification of the decision under subsection (2), then the revocation shall take effect immediately on that notification.

41. Review of decision to revoke employment permit

41. (1) A decision of the Minister to revoke an employment permit may, in accordance with regulations under section 50(14), be submitted by the holder of the permit, the employer or the connected person, as the case may be, to the Minister for review under this section.

(2) A submission under subsection (1) shall be made within a prescribed period from the date the decision is notified under section 40 to the person.

(3) A review under this section of a decision shall be carried out by an officer of the Minister appointed by the Minister for that purpose and the person so appointed—

(a) shall not be the person who made the decision, and

(b) shall be of a grade senior to the grade of the person who made the decision.

(4) The person so appointed, having afforded the person who submitted the decision for review an opportunity to make representations in writing in relation to the matter, may, subject to subsections (5) and (6)—

(a) confirm the decision (and, if the person does so, he or she shall notify in writing the person who submitted the decision for review of the reasons for the confirmation), or

(b) cancel the decision.

(5) Where, during the course of a review of a decision under this section, the person so appointed is of the view that there are reasons to confirm the decision that differ to the reasons notified to the applicant in accordance with section 40, the person so appointed shall, before deciding whether to confirm or cancel the decision in accordance with subsection (4)—

(a) notify, in writing, the person who submitted the decision for review of those reasons, and

(b) afford that person an opportunity to make representations in writing in relation to those reasons.

(6) Where, during the course of a review of a decision under this section, the person so appointed is informed of—

(a) new information or documentation that was not available to the decision-maker when he or she made the decision, or

(b) a change in circumstances relating to the holder of the permit, the employer or the connected person,

that is relevant to the revocation of the employment permit, the person so appointed shall refer the matter back to the decision-maker for reconsideration and the making of a new decision in relation to it, or where the decision-maker is unable (for whatever reason) to reconsider the application or make such a decision, an officer of the Minister who is appointed by the Minister for that purpose.

(7) If a decision to revoke an employment permit—

(a) has, by virtue of section 40(5), taken effect on the notification of the decision to the holder, and

(b) is, on a review under this section, cancelled,

then, in determining the period for which the employment permit shall remain in force, the period for which the permit ceased to be in force by virtue of section 40(5) shall be disregarded.

42. Order under section 3 or 4 of Immigration Act 1999

42. (1) If an order under section 3 or 4 of the Immigration Act 1999 is made in relation to a foreign national in respect of whom an employment permit has been granted, the permit shall, subject to subsection (2), cease to be in force.

(2) If the order concerned under section 3 or 4 of the Immigration Act 1999 is revoked or otherwise ceases to be in force, the employment permit referred to in subsection (1) shall, on that revocation or cesser, be revived in force.

(3) If an employment permit is so revived in force, in determining the period for which the permit shall remain in force the period for which the permit ceased to be in force by virtue of subsection (1) shall be disregarded.

43. Termination of employment

43. (1) Subject to subsections (6) and (7), if the employment of a foreign national pursuant to an employment permit is terminated by the employer or the holder of the permit or otherwise, for whatever reason, ceases, the—

(a) holder of the permit, and

(b) employer specified in the permit,

shall, within a prescribed period from the date of such termination or cessation, notify the Minister in writing of the date of termination or cessation of the employment concerned.

(2) In the case of an intra-company transfer employment permit, if—

(a) the employment of the foreign national is terminated by the foreign employer or the holder of the permit, or

(b) the foreign national ceases, for whatever reason, to carry out duties for, or participate in a training programme provided by, the connected person,

the—

(i) holder of the permit, and

(ii) connected person,

shall, within a prescribed period from the date of such termination or cessation, notify the Minister in writing of the date of termination of the employment concerned or cessation of duties or participation referred to in paragraph (b), as the case may be.

(3) The Minister shall, upon receipt of a notification under subsection (1) or (2), cancel the employment permit concerned and notify in writing—

(a) the foreign national, and

(b) the employer specified in the employment permit,

that the employment permit is cancelled with effect from the date of termination of the employment concerned or cessation of duties or participation referred to in subsection (2)(b), as the case may be, and is no longer in force.

(4) A person who fails to comply with subsection (1) or (2) shall be guilty of an offence.

(5) It shall be a defence for a person charged with an offence under subsection (4) to show that he or she took all reasonable steps to notify the Minister within the period referred to in subsection (1) or subsection (2), as the case may be.

(6) Subsection (1) shall not apply to a change of employer that is approved by the Minister under section 27(11) or 29(10).

(7) Subsection (1) shall not apply to the termination or cessation of the employment of a foreign national as a non-consultant hospital doctor pursuant to an employment permit referred to in section 31(1)(b) where a notification referred to in section 31(2) has been made to the Minister by another person proposing to employ the foreign national as a non-consultant hospital doctor within the period referred to in that section.

Chapter 9 Redundancy of certain permit holders

44. Redundancy of critical skills employment permit holder

44. (1) This section applies to a foreign national to whom a critical skills employment permit has been granted and who is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

(2) Without prejudice to section 43, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within a prescribed period of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 50 and shall include the information and documents specified in section 46.

(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which a critical skills employment permit was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 12 in respect of the foreign national to whom this section applies, within 6 months of the date of dismissal of that foreign national, and such application shall be for a critical skills employment permit for—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted, that is specified in regulations under section 47 as an employment for which a critical skills employment permit may be granted.

(4) Where—

(a) on the date an application referred to in subsection (3) is made, the type of employment referred to in subsection (3)(a)—

(i) is no longer specified in regulations under section 47 as an employment, or no longer falls within a category of employment specified in those regulations, for which a critical skills employment permit may be granted, or

(ii) is specified in regulations under section 47 as an employment, or falls within a category of employment, in respect of which a critical skills employment permit shall not be granted,

and

(b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted, was a dismissal by reason of redundancy,

the application may be made for that employment by a foreign national to whom this section applies notwithstanding that the employment is no longer an employment, or falls within a category of employment, for which an employment permit may be granted or is an employment, or falls within a category of employment, specified in regulations under section 47 for which an employment permit shall not be granted.

(5) Notwithstanding section 32(7), the Minister may, subject to subsection (6), grant, under section 19, an employment permit for the employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

(a) section 32(7) shall apply in respect of any other provision or requirement, specified in regulations under section 47 that is required to be satisfied, and

(b) section 47 shall, in respect of such grant under section 19, apply in respect of any other provision or requirement specified in regulations under section 47 that is required to be satisfied.

(6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted.

(7) Having regard to the consideration, under section 18, of an application referred to in subsection (4)—

(a) the provisions of any regulations referred to in section 18(6), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and

(b) section 18(6) shall apply in respect of a provision or requirement of regulations under section 47, other than the provision referred to in subsection (4).

(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

(9) Without prejudice to section 46, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to be satisfied that the dismissal of the foreign national was a dismissal by reason of redundancy.

45. Redundancy of general employment permit holder

45. (1) This section applies to a foreign national to whom a general employment permit has been granted and who is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

(2) Without prejudice to section 43, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within a prescribed period of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 50 and include the information and documents specified in section 46.

(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which a general employment permit was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 12 in respect of the foreign national to whom this section applies within 6 months of the date of dismissal of that foreign national and such application shall be for a general employment permit for—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that—

(i) is specified in regulations under section 47 as an employment for which a general employment permit may be granted, or

(ii) is not an employment that is specified in such regulations as an employment for which a general employment permit shall not be granted or falls within a category of employment for which such an employment permit shall not be granted.

(4) Where—

(a) on the date an application referred to in subsection (3) is made the type of employment referred to in subsection (3)(a) is specified in regulations under section 47 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, and

the application may be made in respect of that employment by a foreign national to whom this section applies notwithstanding that the employment is an employment, or falls within a category of employment, that is specified in regulations under section 47 as an employment, or category of employment, for which an employment permit shall not be granted.

(5) Notwithstanding section 32(7) the Minister may, subject to subsection (6), grant, under section 19, an employment permit for an employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

(a) section 32(7) shall apply to any other provision or requirement specified in regulations under section 47, that is required to be satisfied, and

(7) Having regard to the consideration under section 18 of an application referred to in subsection (4)—

(b) section 18(6) shall apply in respect of a provision or requirement of regulations under section 47, other than the provision referred to in subsection (4).

(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

46. Information, documents, supplementary provisions relating to redundancy

46. The information and documents to be provided to the Minister with the notification referred to in section 44(2) and section 45(2) are—

(a) the date of dismissal,

(b) the reason for the dismissal by reason of redundancy as specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967 or in section 21 of that Act,

(c) such information and documents as may be specified in regulations under section 50 that the Minister may require to be satisfied that the dismissal of the foreign national was a dismissal by reason of redundancy, and

(d) a statement specifying whether the foreign national has notified the Minister in accordance with section 43.

PART 3 Regulations Relating to Employment Permits

47. Regulations governing grant of employment permit, etc.

47. (1) The Minister may, having regard to sections 9 and 48 and the matters specified in section 49, make regulations providing for each class of employment permit specified in paragraphs (a) to (j) of section 9(2) and may, for each such class of employment permit, provide for one or more of the matters specified in subsection (2) and may, in such regulations, make different provision for such classes of employment permit and such matters in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(2) The matters referred to in subsection (1) are as follows:

(a) the maximum number of employment permits that may be granted in respect of a particular class of employment permit or specified employments or categories of such employments and such employments or such categories may be provided for on the basis of one or more economic sectors into which they fall;

(b) the employments for which an employment permit may be granted and such employments may be provided for by reference to categories of employments for which an employment permit may be granted and by reference to one or more economic sectors into which they fall;

(c) the employments for which an employment permit shall not be granted and such employments may be provided for by reference to categories of employments for which an employment permit shall not be granted and to one or more economic sectors into which they fall;

(d) economic sectors in respect of which employment permits for any employment that falls into such sector shall not be granted;

(e) the minimum amount of remuneration that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, and without prejudice to the generality of the foregoing, in respect of such minimum amount of remuneration—

(i) in so far as it relates to the salary referred to in paragraphs (a)(i), (b)(i) and (c)(i) of section 3(1), the hourly rate for the salary shall be not less than the national minimum hourly rate of pay, or where appropriate to the employment or the category of employment, the hourly rate of pay referred to in paragraph (b) of the definition of “standard working week remuneration”, and

(ii) in so far as it relates to the payments for board and accommodation, referred to in section 3(1)(b)(ii) and 3(1)(c)(ii) and the payments for health insurance referred to in paragraphs (a)(ii), (b)(iii) and (c)(iii) of section 3(1), a maximum amount that may be paid in respect of those payments or the maximum amount of the value of such board and accommodation that are directly provided;

(f) the qualifications or skills that a foreign national, in respect of whom an application for an employment permit is made, is required to possess in order for a grant of the permit to be made in respect of a specified employment or category of employment;

(g) the minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of an employment permit in respect of it;

(h) the minimum period of experience required for an employment, or a category of employment, as a condition for the grant of an employment permit in respect of it including different periods of experience by reference to different levels of remuneration;

(i) the minimum and maximum periods for which an employment permit may be granted;

(j) the minimum and maximum periods for which an employment permit may be renewed.

(3) Without prejudice to the generality of subsection (2)(e), when specifying the minimum amount of remuneration, pursuant to that subsection, that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, the Minister may specify—

(a) a minimum annual remuneration which shall be the minimum amount of remuneration to be paid to a foreign national for 39 hours of work in each week for 52 weeks,

(b) the minimum hourly rate for the minimum annual remuneration referred to in paragraph (a) that shall be payable where the hours of work for an employment or category of employment exceed 39 hours, and

in respect of any class of employment permit, employment or category of employment, and may, without prejudice to the generality of subsection (1), make different provision for any such class, employment or category in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(4) Without prejudice to the generality of subsection (2)(e), where the Minister has made regulations, pursuant to subsection (2)(e), specifying the minimum amount of remuneration that shall be payable in respect of an employment as a condition for the grant or renewal of an employment permit in respect of it, he or she shall, every year from the date of the making of the regulations concerned, carry out a review of those regulations having regard to the most recent information on average weekly earnings made available by the Central Statistics Office and where, following such review, the Minister is satisfied that there has been an increase in the average weekly earnings as calculated by the Central Statistics Office since the date of the making of the regulations or the date of the last review carried out under this subsection (whichever occurs later), he or she shall increase the minimum amount of remuneration specified in those regulations in respect of an employment by a percentage equal to or exceeding the percentage increase in such average weekly earnings since that date.

(5) When making regulations under subsection (1) in respect of a general employment permit, critical skills employment permit or seasonal employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for those classes of employment permit, may specify the maximum number of applications that may be made in respect of a particular foreign national under section 27 or 29, and may make different provision for different classes of employment permit, employments or categories of employments in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(6) The Minister may, in regulations under subsection (1), when providing for—

(a) a critical skills employment permit, make different provision for a foreign national to whom section 44 applies, and

(b) a general employment permit, make different provision for a foreign national to whom section 45 applies,

and may make different provision for such foreign nationals in respect of any matter to be provided for under subsection (2) and, without prejudice to subsections (1) and (3), when providing for remuneration under subsection (2)(e), such provision may include different amounts of remuneration in respect of such class of employment permit or any employment or category of employment and different provision may be made for different cases in relation to different classes of cases and different circumstances or different classes of circumstances.

(7) When making regulations under subsection (1) in respect of an exchange agreement employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for that class of employment permit—

(a) shall specify in those regulations each exchange agreement in respect of which an employment permit may be granted, and

(b) may, without prejudice to subsection (1) and (2), specify the employments referred to in that exchange agreement, or to which that exchange agreement applies, in respect of which an employment permit may be granted for that class of employment permit,

and when specifying the exchange agreement may, without prejudice to subsection (1), make different provision for such different exchange agreements in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(8) When making regulations under subsection (1) in respect of a seasonal employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for that class of employment permit, shall specify—

(a) the period or periods each year during which a person may make an application for approval as an approved seasonal employer under section 10(1),

(b) the maximum number of approved seasonal employers that may stand approved by the Minister, and

(c) the minimum number of foreign nationals to be employed by an approved seasonal employer under a seasonal employment permit during the period for which the approved seasonal employer is approved under section 10(5),

and may make different provision in respect of different employments or categories of such employments and such employments or such categories may be provided for on the basis of one or more economic sectors into which they fall.

(9) In regulations under subsection (1) in relation to any class of employment permit or any matter specified under subsection (2), the Minister may, when providing for any such class or matter, make provision in respect of a recommendation referred to in section 16, and may, in respect of such recommendation, make different provision for such classes or such matter in relation to different cases and different classes of cases and different circumstances and different classes of circumstances.

(10) When specifying in regulations under subsection (1) the qualifications, referred to in subsection (2)(f), of a foreign national, the Minister may provide, in respect of such qualifications, for one or both of the following:

(a) a requirement that the foreign national be registered with—

(i) a regulatory body, or

(ii) any Minister of the Government regulating the entry to or carrying on of any profession, employment or trade in the State;

(b) a requirement that the qualifications of a foreign national be recognised by—

(i) a regulatory body, or

(ii) any Minister of the Government regulating the entry to or carrying on of any profession, employment or trade in the State.

(11) Without prejudice to the generality of subsection (2)(b), when specifying the employments for which an employment permit may be granted, including employments specified by reference to categories of employments and to one or more economic sectors, the Minister may specify such employments by reference to employments that require qualifications, experience or skills, referred to in section 49(1)(c), that are required for the proper functioning of one or more economic sectors and the Minister is satisfied that there is a shortage, referred to in section 49(1)(d), of those skills, experience or qualifications.

(12) When making regulations under subsection (1) in respect of a general employment permit or a seasonal employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for such an employment permit, may specify in those regulations as a condition for the grant of such an employment permit in relation to specified employments for which such an employment permit may be granted—

(a) any accommodation, training or expenses that shall be provided to a foreign national to whom such an employment permit is granted, and

(b) any measures that shall be taken by the employer of the foreign national to whom such an employment permit is granted—

(i) to increase the skills, knowledge, qualifications or experience of employees (other than the foreign national) in respect of the employment concerned, including the employment of new trainees or apprentices in that employment, or

(ii) to otherwise reduce the employer’s reliance on the employment of foreign nationals in respect of the employment concerned, including by way of the introduction of technical changes to work processes,

and may make different provision for such classes of employment permit in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(13) Where, under subsections (1) and (2)(a), the Minister makes regulations providing for the maximum number of employment permits that may be granted in respect of a class of employment permit or specified employments or categories of employments, whether the maximum number is provided for on the basis of an economic sector or otherwise, the Minister shall specify a period during which that maximum number of employment permits shall be granted.

(14) The Minister may, having regard to section 9 and the matters specified in section 49, make regulations providing that no permits shall be granted in respect of any class of employment permit referred to in section 9(2) for a period as the Minister shall specify in the regulations.

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