RELO NEWS
Critical Skills Employment Permit (CSEP) holders cannot apply for a Stamp 4 which allows them to work without company sponsorship unless they have completed the requisite two years under their current CSEP.
Previously, CSEP holders could add up time spent on multiple CSEPs to meet this requirement.
Background
Until recently, CSEP holders could apply for a Stamp 4 after two years, regardless of the number of CSEPs the foreign worker held during the previous two-year period.
The national statutory minimum wage increased on January 1, 2017, to EUR 9.25 per hour (EUR 18,759 annually, based on a 39-hour work week), per the National Minimum Wage Order 2016.
Cases Where Increases May Be Required
This regulation affects all workers and will have the biggest impact on foreign nationals under the following types of work authorisation:
Those where a lower salary threshold is accepted, including the following:
Dependent/Partner/Spouse Employment Permit;
Internship Employment Permit; and
Atypical Working Scheme Authorisation.
Due to the transition to an online residence card appointment system, non-European Economic Area nationals who are required to register at the Burgh Quay Registration Office in Dublin are experiencing delays of up to eight weeks in scheduling Garda National Immigration Bureau (GNIB) residence card appointments. Failure to book an appointment on time can result in a lapse of residence permission.
A new online system for scheduling Garda National Immigration Bureau (GNIB) card appointments at the Burgh Quay Registration Office in Dublin has just launched, with appointments available on or after September 15. All visits to the Registration Office on or after September 15 will have to be scheduled online in advance.
Starting early September, the Department of Jobs, Enterprise & Innovation (DJEI) will roll out their new Employment Permits Online System (EPOS).
The system will allow online completion of the employment permit application form, uploading of supporting documents and payment of government filing fees through a secure payment system.
The Department of Jobs, Enterprise & Innovation and the Irish Naturalisation & Immigration Service have been experiencing processing delays. The specific delays are as follows:
Following the United Kingdom’s vote to leave the European Union, eligible UK nationals have been applying for Irish passports in record numbers to attempt to maintain their EU citizenship rights. Therefore, Irish passport applicants can expect delays in the coming months due to the high demand for applications. Similarly, Irish citizens with valid passports that wish to renew their passports can also expect delays.
A new immigration stamp – Stamp 1G - is available for foreign graduates who are authorized to work under the Third Level Graduate Scheme, according to an announcement by the Immigration Naturalisation and Immigration Service.
Previously, graduates who applied under the Third Level Graduate Scheme were granted a Stamp 2, which was the same stamp for all non-European Economic Area (EEA) graduates, regardless of whether or not they were eligible to work.
The Department of Jobs, Enterprise and Innovation (DJEI) has added the following occupations to the Highly-Skilled Eligible Occupations List:
The national statutory minimum wage increased on January 1, 2016 to EUR 9.15 per hour (EUR 18,556 annually, based on a 39 hour work week), per the National Minimum Wage Order 2015.
This regulation affects all workers and will have the biggest impact on foreign nationals under the following types of work authorization:
Foreign nationals filing re-entry visa applications in person in Dublin must now book an appointment online and can no longer walk in without an appointment. This service replaces the previous queuing and ticketing system at the Re-entry Visa Public Office in Dublin, located at Burgh Quay.
The Garda National Immigration Bureau (GNIB)/ Irish Naturalisation and Immigration Service (INIS) have introduced new measures to address the long waits at the Immigration Public Office in Burgh Quay. Initial residence registrations will now take place on Mondays and Tuesdays and registration renewals will take place on Wednesdays, Thursdays and Fridays. Student residence registrations have also been deferred.
Due to prolonged employment permit processing times at the Department of Jobs, Enterprise and Innovation, more foreign workers must now apply for a temporary extension of their Garda National Immigration Bureau (GNIB) residency card while their renewal permit is processing. The GNIB has now also introduced additional evidentiary requirements to obtain this temporary extension.
Previously, foreign workers could obtain a temporary GNIB residency card extension by providing a dated copy of the employment permit application as proof of a pending renewal application.
Effective immediately, a receipt of payment to the Department of Jobs, Enterprise and Innovation is now also required to obtain a temporary GNIB residency card. This new requirement prolongs the GNIB residency card application process by at least a week, and could leave the foreign worker out of status if they wait to renew their employment permit close to the expiry of the permit.
What This Means for Employers and Foreign Nationals
Foreign workers should apply for employment permit extensions as early as possible to avoid being out of status, and should ensure to apply for a temporary extension of their GNIB card before expiration.
Employers are advised to register for Trusted Partner status to avail of the much shorter employment permit processing time (currently three weeks).
A new Passport Card will be available on September 28, 2015 to Irish nationals over the age of 18 who hold a valid Irish passport. The card will have a maximum validity of five years (or the remaining validity of the applicant’s passport book) and can be used to travel within the European Union and European Economic Area (EEA). The card will allow eligible nationals to travel throughout the EU and EEA while passport books are held for visa processing.
The Passport Card can also be used as an identification document and for employers to evidence foreign workers’ right to work.
A Passport Card will cost €35, or €40 for those residing outside of Ireland.
What This Means for Employers and Foreign Nationals
Eligible Irish nationals should benefit from the Passport Card as it will allow them to travel to EU/EEA countries pending the approval of their business and work visas.
Effective immediately, IT and telecommunications engineers, and certain chiropractors and mobility instructors have been taken off the ineligibility list for employment permits for foreign nationals. Additionally, graphic design managers, plant hiring managers, production managers and property, housing and estate managers have been added to the ineligibility list. This change comes as a result of the implementation of the Employment Permits (Amendment) Regulations 2015.
Highly-Skilled Occupations List Amendment
The Highly-Skilled Occupations List has also been amended, with medical roles such as radiation therapist, orthotists and prosthetists added and healthcare practice managers, senior social services managers and directors removed.
New Forms May Bring Delays
A new set of standard employment permit application forms are available, which may cause processing delays as a result of potential re-applications and review delays at the immigration office after an already-backlogged summer.
Applications submitted on or after September 1, 2015 on the old forms will be sent back to the applicant with a request to complete the new forms.
Trusted Partner applications forms have not been amended.
Other Important Changes
Additionally, a P30 Revenue Commissioners form up to three months old can now be submitted in support of employment permit applications, instead of the previous rule of two months.
Foreign nationals seeking to renew their employment permits in Ireland only need a passport valid for three months past their entry date (instead of the usual twelve months). However, initial employment permit applicants are still required to have passports valid at least twelve months past their entry date.
What This Means for Foreign Nationals
IT and telecommunications engineers and others who have been taken off the ineligibility list should benefit from the possibility of entry into the Irish work force.
Foreign nationals should ensure their P30 form, passport and application forms comply with the rule changes, and should note that the new forms may result in processing delays.
