The Employment Permits Act 2024 has now been signed into law, although a commencement order is required before the Act will come into effect.

The new Act’s purpose is to consolidate and update employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017. The Act will promote flexibility in the employment permits system through by allowing many criteria to be prescribed and amended through regulations.

The new legislation introduces a new seasonal employment permit. There will be a requirement for employers to become registered as approved seasonal employers and to obtain annual pre-approval. There will be a prescribed minimum number of employees, turnover, and balance sheet total for the previous year for prospective seasonal employers. Seasonal employers will also need to provide accommodation and appropriate health insurance for their seasonal employees.

The Labour Market Needs Test will also be revised, and although many elements are unclear as they have yet to be prescribed, it seems that the newspaper advertisement requirement will be abolished, and all required advertising will be online.

The Minister will now also be able to revoke an employment permit where it is not taken up by a holder within a prescribed period, under the Act. This may have consequences for holders of employment permits who are visa-required but who are experiencing significant delays in the employment visa process.

Finally, the Act allows employment permit holders to change employer by application to the Minister after a period of 9 months has elapsed (but before 22 months has elapsed) without applying for a new employment permit, without the need for a new Labour Market Needs Test for General Employment Permit holders. The permit will continue to last only for its initial duration. Please note that this only applies to General Employment Permit holders seeking to change employers for the same role, or Critical Skills Employment Permit holders seeking to change employers within the same category of role.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.