Tag Archive for: employment permit

EMPLOYMENT PERMITS NOW OPEN TO HEALTHCARE ASSISTANTS

In an announcement published on 14th June 2021, Minister Damien English confirmed that healthcare assistants will now be eligible to apply for employment permits in the State.

Eligibility for employment permits in Ireland is determined by the critical skills list and ineligible occupations list which are reviewed twice a year.

In deciding to remove healthcare assistants from the ineligible list it was noted that:

‘evidence within the healthcare sector suggest increasing competition for skilled candidates in several healthcare roles.’

In order to be eligible applicants must have a QQI Level 5 qualification after two years of employment.

Minister English commented that:

‘Our economic migration policy accommodates the arrival of non-EEA nationals to fill skills and labour gaps in the domestic economy in the short to medium term.’

The full announcement can be read at:

https://www.gov.ie/en/press-release/ab8d7-minister-damien-english-announces-changes-to-the-employment-permits-system/

Please do not hesitate to contact us if you are affected by this notice or by the matters raised in this blog.

IMMIGRATION SERVICE DELIVERY ANNOUNCES CHANGE OF PERMISSION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

Immigration Service Delivery issued a new notice on 27th April 2020 confirming that a number of change of permission applications may be submitted electronically on a temporary basis until 20th May 2020.

The notice confirms as follows:

“In light of the uncertainties caused by the COVID-19 pandemic, as a temporary measure between now and 20th May 2020, applications for the following change of permissions may be submitted electronically to the Registration Office, Burgh Quay, Dublin ([email protected]):

 

From Stamp To Stamp
Stamp 1 (Critical Skill Employment Permit) Stamp 4 (after 2 completed years on CSEP and DBEI Stamp 4 support letter)
Stamp 1 (Employment Permit) Stamp 4 (after 5 completed years on Employment Permits)
Stamp 2 Stamp 1 (Employment Permit)
Stamp 2 Stamp 1A (Trainee Accountant Contract)
Stamp 1, 2 or 3 Stamp 1G (Spouse of Critical Skill Employment Permit holder)
Stamp 1, 2 or 3 Stamp 4 (Spouse of Irish National)

 All required documentation should be scanned and included in the application. All eligibility criteria will continue to apply.

 Where a permission has been granted, applicants will still be required to register the change as normal once the Registration Office in Burgh Quay and local Registration Offices reopen.”

 

This is a positive development for any clients who wish to submit an application for change of permission and who fall within the categories listed in the notice.

Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.

The full notice can be read here.

If you would like more information regarding an application for change of permission, please contact our office.

HIGH COURT DECISION ON REFUSAL OF EMPLOYMENT PERMIT FOR TRAINEE ACCOUNTANT

On 25th March 2020, Mr Justice Heslin delivered his judgment in Julia Olivera Rodriguez v The Minister for Business, Enterprise and Innovation.

This case concerned a Venezuelan national with a BSc. Degree in Public Accounting from Venezuela and a Certificate in Business Accounting which she obtained in Ireland through the Chartered Institute of Management Accountants in May 2018.

Ms Rodriguez’s application for an Employment Permit for the role of Trainee Accountant was refused by the Minister for Business, Enterprise and Innovation on the basis that the position of Trainee Accountant does not fall within the list of eligible categories of employment, as set out in the Employment Permits Regulations, 2017.

Ms Rodriguez challenged this decision in the High Court, arguing that the Minister had been incorrect in this finding and that the role of ‘Accountant’ should be interpreted to include those training for the position, as is the case in the UK.

Mr Justice Heslin in his decision stated:

“I am entirely satisfied that the 2017 Regulations cannot be interpreted in the manner in which the applicant contends. Doing so would involve this Court importing into the 2017 Regulations words which are simply not there and also ignoring the plain meaning of words which incontrovertibly appear in the 2017 Regulations.”

Mr Justice Heslin stated that the regulations very clearly set out employments of which there is a shortage and which are required for the proper functioning of the economy, including Accountants and Tax Consultants with particular specialisms and specified experience:

“Schedule 3 of the 2017 Regulations very clearly sets out those employments in respect of which there is a shortage in relation to “qualifications, experience or skills” required for the proper functioning of the economy and these include “Chartered and Certified Accountants” with particular specialisms, “Qualified Accountants” with particular experience and “Tax Consultants” with specified experience. As a matter of fact, the applicant falls into none of the categories specified in Schedule 3. For this Court to hold that she does, would be to do violence to the specific words used in Schedule 3 and would amount to this Court deciding, impermissibly, that someone who is unqualified comes within a category which explicitly addresses shortages in “qualifications”. This Court has no power to ignore the clear wording in Schedule 3 of the 2017 Regulations and to hold that shortages in the qualifications set out in Schedule 3 are met by unqualified persons.”

The court found that Ms Rodriguez does not fall within any of these categories and the decision to refuse her application for an Employment Permit was upheld.

The full text of the judgment can be found here.

If you would like more information on the application process for Employment Permits in Ireland, please do not hesitate to contact our office.