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S.I. No. 349/2015 - Employment Permits (Amendment) Regulations 2015.
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Notice of the making of this Statutory Instrument was published in |
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“Iris Oifigiúil” of 7th August, 2015. |
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I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 14, 14A, 29 and 30 (as amended or inserted by sections 17 , 18 , 29 and 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006), hereby make the following regulations: |
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Citation |
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1. (1) These Regulations may be cited as the Employment Permits (Amendment) Regulations 2015. |
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(2) The Principal Regulations, the Employment Permits (Trusted Partner) Regulations 2015 ( S.I. No. 172 of 2015 ) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2015 and shall be construed together as one. |
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Commencement |
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2. These Regulations come into operation on 1 September 2015. |
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Definitions |
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3. In these Regulations “Principal Regulations” means the Employment Permits Regulations 2014 ( S.I. No. 432 of 2014 ). |
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Amendment of Regulation 5 of Principal Regulations |
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4. Regulation 5(2) of the Principal Regulations is amended- |
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(a) in subparagraph (e), by substituting “3 month period” for “2 month period”, and |
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(b) in subparagraph (i)(V), by inserting “for a Critical Skills Employment Permit, General Employment Permit, Sport and Cultural Employment Permit or Intra-Company Transfer Employment Permit,” after “in the case of an application”. |
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Amendment of Regulation 6 of Principal Regulations |
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5. Regulation 6(2) of the Principal Regulations is amended- |
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(a) in subparagraph (b), by substituting “3 months” for “12 months”, and |
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(b) in subparagraph (i)(I), by substituting “3 month period” for “2 month period”. |
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Amendment of Regulation 10 of Principal Regulations |
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6. Regulation 10(2)(c)(i) of the Principal Regulations is amended by substituting “3 month period” for “2 month period”. |
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Amendment of Regulation 26 of Principal Regulations |
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7. Regulation 26(1) of the Principal Regulations is amended- |
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(a) in subparagraph (c), by substituting “€13.31,” for “€13.31, or”, and |
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(b) by substituting for subparagraph (d) the following subparagraphs: |
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“(d) in the case of employment as a boner (meat), the minimum annual remuneration is €27,500 and in respect of which the minimum hourly rate of remuneration is €13.56, or |
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(e) in any other case, the minimum annual remuneration is €30,000 and in respect of which the minimum hourly rate of remuneration is €14.79.”. |
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Insertion of Regulation 26A into Principal Regulations |
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8. The Principal Regulations are amended by inserting after Regulation 26 the following Regulation: |
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“Maximum number of General Employment Permits for boners (meat) |
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26A.The maximum number of General Employment Permits that may be granted in respect of employment as a boner (meat) is 200.”. |
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Amendment of Schedules 2, 3 and 4 to Principal Regulations |
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9. The Principal Regulations are amended by substituting for Schedules 2, 3 and 4 the Schedules set out in Schedule 1 to these Regulations. |
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Amendment of Schedule 6 to Principal Regulations |
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10. The Principal Regulations are amended by substituting for Schedule 6 the Schedule set out in Schedule 2 to these Regulations. |
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Revocation |
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11. The Employment Permits (Amendment) Regulations 2014 ( S.I. No. 506 of 2014 ) are revoked. |
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Regulation 9 |
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Schedule 1 |
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New Schedules 2, 3 and 4 to the Principal Regulations |
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“Regulations 5 and 6 |
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Schedule 2 |
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Regulatory bodies or Government Minister from which or whom registration or recognition of qualifications required |
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Part A |
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Regulatory bodies from which a copy of the registration or licence, or alternatively a registration number, pin number or licence number, is required |
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Part B |
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Regulatory bodies or Government Minister from which or whom a copy of the registration or recognition of qualifications is required |
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Part C |
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Regulatory body or Government Minister that regulates the entry to or carrying on of the profession of the foreign national or of the employment concerned |
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Regulations 15, 26, 27, 40, 61 and 62 |
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Schedule 3 |
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Employments in respect of which there is a shortage in respect of qualifications, experience or skills which are required for the proper functioning of the economy |
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Note: ‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010). |
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Regulations 15, 26, 27, 32, 39, 57 |
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Schedule 4 |
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Employments in respect of which an employment permit shall not be granted |
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Note: |
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‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010).” |
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Regulation 10 |
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Schedule 2 |
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New Schedule 6 to the Principal Regulations |
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“Regulations 5, 6, 9, 10, 11 and 13 |
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Schedule 6 |
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Forms - Applications, notifications and submissions |
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Form A |
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Application form for grant of Critical Skills Employment Permit |
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Form B |
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Application form for grant of Dependant/Partner/Spouse Employment Permit |
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Form C |
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Application form for grant of General Employment Permit |
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Form D |
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Application form for grant of Intra-Company Transfer Employment Permit |
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Form E |
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Application form for grant of Contract for Services Employment Permit |
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Form F |
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Application form for grant of Reactivation Employment Permit |
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Form G |
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Application form for grant of Exchange Agreement Employment Permit |
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Form H |
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Application form for grant of Sport and Cultural Employment Permit |
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Form I |
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Application form for grant of Internship Employment Permit |
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Form J |
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Application form for renewal of Dependant/Partner/Spouse Employment Permit |
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Form K |
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Application form for renewal of General Employment Permit |
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Form L |
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Application form for renewal of Intra-Company Transfer Employment Permit |
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Form M |
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Application form for renewal of Contract for Services Employment Permit |
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Form N |
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Application form for renewal of Reactivation Employment Permit |
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Form O |
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Application form for renewal of Sport and Cultural Employment Permit |
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Form P |
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Notification of dismissal by reason of redundancy under section 20A or 20B of the Principal Act |
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Form Q |
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Submission of decision for review under section 13 or 17 of the Principal Act |
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Form R |
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Notification of change of name of connected person or foreign employer under section 8(8) of Principal Act |
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Form S |
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Notification of change of name of contractor or relevant person under section 8(8) of Principal Act |
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Form T |
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Notification of change of name of employer under section 8(8) of Principal Act |
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GIVEN under my Official Seal, |
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31 July 2015. |
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RICHARD BRUTON, |
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Minister for Jobs, Enterprise and Innovation. |
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EXPLANATORY NOTE |
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(This note is not part of the Instrument and does not purport to be a legal interpretation.) |
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These Regulations amend the Employment Permits Regulations 2014 to provide for the following: |
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Where a copy of a P30 is required to be submitted with an application for the grant or renewal of an employment permit, or notification of change of name following transfer of undertakings, the preceding period within which that P30 was returned to the Revenue Commissioners is increased from 2 months to 3 months. |
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The expiry date contained on the photocopy of the permit holder’s passport required for renewal of an employment permit is reduced from 12 months or more to 3 months or more after the date of application for renewal. |
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The types of employment permit which may be considered for employments as executive chefs, head chefs, sous chefs and specialist chefs, specialising in a cuisine originating in a state which is not a Member State of the EEA. |
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The maximum number of General Employment Permits that may be granted in respect of employment as a boner (meat), and the minimum remuneration applying. |
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Schedule 2 - changes to Part B to provide for the opening of registers for occupational therapists, speech and language therapists, and dieticians. |
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Schedule 3 - changes to the list of employments in respect of which there is a shortage in respect of qualifications, experience or skills which are required for the proper functioning of the economy. |
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Schedule 4 - changes to the list of employments in respect of which an employment permit shall not be granted. |
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Schedule 6 - amendments made to application forms for the grant and renewal of employment permits, forms notifying dismissal by reason of redundancy and change of name, and form submitting decision for review. |
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These Regulations also revoke the Employment Permits (Amendment) Regulations 2014. |
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These Regulations may be cited as the Employment Permits (Amendment) Regulations 2015. |
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These Regulations come into operation on 1 September 2015. |
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