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Employment permit rules tweaked by new regulations

A McCann FitzGerald briefing note on the Employment Permits (Amendment) (No. 2) Regulations 2019 points out key changes in the rules for critical skills employment permits.

Firstly, the annual remuneration threshold has been increased in the case of strategically important eligible occupations, from €30,000 to €32,000.

For all other occupations, other than those in the ineligible categories for employment permits, or which are contrary to the public interest, it has been increased from €60,000 to €64,000.

Secondly, where a labour market needs test is required, the period of time an employer must advertise the position with the Department of Employment Affairs and Social Protection on the EURES website has been increased from 14 days to 28 days.

The highly-skilled eligible occupations list has also been updated.

Lastly, the requirement for an applicant’s passport to be in date for 12 months or more after application has been reduced to six months.

McCann FitzGerald lawyers Terence McCrann and Stephen Holst note that in the recent case of Olaneye v The Minister for Business, Enterprise and Innovation, a Nigerian national was unsuccessful in his application for judicial review seeking an order to quash the Minister’s decision to refuse his application for a critical skills employment permit.

Permit refused

The permit was refused because the salary was less than the €60,000 threshold and the job was not on the highly-skilled occupations list.

Jobs on this list include engineers, scientists, IT specialists, medical practitioners, animation artists and high-performance sports coaches.

The McCann FitzGerald solicitors point out that the case serves as a reminder for permit applicants and employers to pay close attention to the job title and functions and the qualifications, skills, knowledge and experience required.