Introduction
Ireland has enacted the Employment Permits Act 2024, which introduces significant changes aimed at simplifying administrative processes for employers, and enhancing career opportunities for foreign employees. These changes will be enforced by the Department of Trade, Enterprise and Employment starting September 2nd, 2024.
Impact:
Medium
What has changed?
Significant changes to the Irish immigration system will include:
- Seasonal Employment Permit (SEP): A new permit will allow seasonal workers to be employed for up to seven months per year, specifically benefiting the horticulture and food production sectors. This introduces greater flexibility for managing seasonal staffing needs and will be implemented from 2025.
- Labour Market Testing for General Employment permit or Contract for service provider employment permit applications: The process will now be fully digital, requiring job advertisements to be posted on both the European Employment Service (EURES) network and one additional digital platform for a minimum of 28 days. This change aims to increase efficiency and reduce costs.
- Change of Employer Rules: The new rule will allow certain General Employment permit or Critical Skills holders to change employer without the need for a new employment permit application. Employees holding their first permit for nine months can now apply to change employers, provided the role remains the same. This update shortens the previous 12-month requirement and may improve job mobility for foreign workers.
- Minimum Salary Levels: The system for calculating minimum annual remuneration (MAR) will be updated annually based on Ireland’s average weekly wage, ensuring salary thresholds remain aligned with living standards.
- Automatic Permit Cancellation: Existing permits will be automatically cancelled when a new permit is issued, streamlining the application process and reducing administrative burdens.
- Notification Obligations: New notification requirements are introduced, including automatic cancellation of old permits and streamlined processing.
Who is affected?
These changes affect employers hiring non-EEA nationals and foreign employees currently holding or seeking employment permits in Ireland. Specific groups include General Employment Permit holders, Critical Skills Employment Permit holders, spouses of permit holders, and those in seasonal employment.
What to expect/impact?
Measures taken will make Ireland a more attractive country for foreign talent. Employees will benefit from easier job progression, change of employer options, and extended work rights for family members. Changes should be positive for employers, removing certain administrative burdens and facilitating compliance. Additionally, the introduction of the SEP will enable short-term hiring in agriculture and horticulture.
What you need to do:
Employers should familiarize themselves with the new rules, especially regarding employment commencement timelines, application procedures, and the new SEP requirements. Employees should be aware of their rights concerning job changes, promotions, and family work permissions.
For further information on these updates, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com
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