Employment Permits (Amendment) Act 2014
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Amendment of section 29 of Act of 2006 | ||
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29. (1) Section 29 of the Act of 2006 is amended in subsection (1) by inserting “and may, when making the regulations, make provision for the purposes specified in paragraphs (a) to (i) of section 3A(2) for which employment permits may be granted and the different classes of employment permit provided for in regulations under section 14(1) in respect of those purposes” after “on foot of such application”. | ||
(2) Section 29(2) of the Act of 2006 is amended by inserting the following paragraphs after paragraph (b): | ||
“(ba) the production to the Minister, with an application under section 4, of information and documents— | ||
(i) as the Minister may, without prejudice to the requirement under section 6(a), specify, in respect of the employment concerned and the terms, conditions and the duration of it, | ||
(ii) as the Minister may, without prejudice to the requirement under section 6(c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made, | ||
(iii) as the Minister may, without prejudice to the requirement under section 6(e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it, | ||
(iv) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning— | ||
(I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice and Equality to land in the State or to be in the State, and | ||
(II) any application, made before the date on which the application under section 4 is made, to the Minister for Justice and Equality for which the foreign national has sought permission to land in the State or to be in the State, | ||
(v) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning the employment in the State of the foreign national in respect of whom the application is made, at the time of the application or at any other time, | ||
(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom the application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh), | ||
(vii) as the Minister may, without prejudice to the requirement under section 6(i), specify, in respect of the requirement under section 4(5) in relation to— | ||
(I) the employment of any person employed in the employment that is the subject of the application in the period referred to in section 4(5), and | ||
(II) the dismissal by reason of redundancy within that period of any person employed in the employment that is the subject of the application, | ||
and | ||
(viii) as the Minister may specify in respect of— | ||
(I) without prejudice to subsection (1), the making of an application under section 4, | ||
(II) without prejudice to the requirement under section 6, any matter specified in paragraphs (a) to (i) of section 6, | ||
(III) the requirement under section 10 for the employees referred to in that section to be nationals of the states referred to in that section and the matters specified in section 10(2B), | ||
(IV) without prejudice to the generality of subsection (1), a purpose specified in section 3A(2), and | ||
(V) any other requirement under this Act that, in respect of the grant of an employment permit, is required to be satisfied; | ||
(bb) the production to the Minister, with an application under section 20 to renew an employment permit, of information and documents— | ||
(i) as the Minister may specify, in respect of the employment that is the subject of such application and the terms and conditions of that employment, | ||
(ii) as the Minister may specify, in respect of the qualifications, skills and knowledge, of the foreign national in respect of whom the application is made, | ||
(iii) as the Minister may specify, in respect of— | ||
(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and | ||
(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made, | ||
(iv) as the Minister may specify that have been issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made, | ||
(v) as the Minister may specify concerning the permission given by the Minister for Justice and Equality to the foreign national in respect of whom such application is made to land in the State or to be in the State during the period for which the employment permit has been in force, | ||
(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom such application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh), and | ||
(vii) as the Minister may specify in respect of— | ||
(I) without prejudice to the generality of subsection (1), the making of an application to renew an employment permit under section 20, | ||
(II) without prejudice to the generality of subsection (1), the requirements under section 10, referred to in paragraph (ba)(viii)(III), in relation to an application for the renewal of an employment permit, | ||
(III) without prejudice to the generality of subsection (1), a purpose referred to in section 3A(2), and | ||
(IV) any other requirement under this Act that, in respect of the renewal of an employment permit, is required to be satisfied; | ||
(bc) the production to the Minister, with an application under section 4, of documents and evidence to verify such documents— | ||
(i) demonstrating that the person who makes the offer of employment or as the case may be the contractor, connected person or the person referred to in section 4(2)(c), is registered with the Revenue Commissioners, | ||
(ii) where the person who makes the offer of employment is a company within the meaning of the Companies Acts, relating to the registration of the company pursuant to the Companies Acts, | ||
(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the person who makes the offer of employment where that person has a registered business name, and | ||
(iv) where the person who makes the offer of employment is— | ||
(I) a limited partnership under the Limited Partnerships Act 1907 , documents and such evidence relating to the registration of the limited partnership under that Act, | ||
(II) an industrial and provident society, documents and such evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 1978, | ||
(III) a friendly society, documents and such evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 1977, and | ||
(IV) a trade union, documents and such evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990; | ||
(bd) the production to the Minister with an application for a renewal of an employment permit under section 20 of documents and evidence referred to in paragraph (bc); | ||
(be) without prejudice to paragraph (ba), in the case of an application for an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 4, of information and documents as the Minister may specify in respect of— | ||
(i) the remuneration paid to the foreign national concerned, | ||
(ii) the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, | ||
(iii) the translations of any information or document relating to such remuneration, | ||
(iv) the payment to the foreign national of the additional payment referred to in sections 3D(2), 3D(3), 3E(2) and 3E(3), and | ||
(v) the arrangements for making the additional payment referred to in subparagraph (iv), | ||
and, without prejudice to paragraph (a), the Minister may specify the form in which such information is to be provided to the Minister; | ||
(bf) without prejudice to paragraph (bb), in the case of an application for the renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 20, of— | ||
(i) information and documents as the Minister may specify in respect of— | ||
(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and | ||
(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made, | ||
(ii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made, | ||
(iii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration and tax paid by the connected person, the foreign employer, and contractor, | ||
(iv) information and documents as the Minister may specify in respect of the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, and | ||
(v) information and documents as the Minister may specify in respect of the translations of any information or document relating to such remuneration, | ||
and without prejudice to paragraph (b), the form in which such information is to be provided to the Minister; | ||
(bg) the form of the notification referred to in sections 20A and 20B and the information and documents the Minister may require to satisfy himself or herself— | ||
(i) that, for the purposes of sections 20A and 20B, the dismissal by an employer of a foreign national referred to in section 20A or 20B is a dismissal by reason of redundancy, and | ||
(ii) the date on which the redundancy takes effect; | ||
(bh) the specification of the minimum period for which a passport referred to in paragraphs (ba) and (bb) shall be in force on the date of an application for the grant, or renewal, of an employment permit;”. | ||
(3) Section 29 of the Act of 2006 is amended by inserting the following subsections after subsection (2): | ||
“(2A) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal of an employment permit, to the Minister of— | ||
(a) in the case of an application for the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(e), information and documents in respect of the contract service agreement concerned, | ||
(b) in the case of an application for the grant or renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), information and documents relating to— | ||
(i) the business carried on by a connected person and a foreign employer and the connection between the connected person and the foreign employer, and | ||
(ii) the arrangements made by a connected person, foreign employer and a contractor for accommodation, board and health insurance referred to in section 1A(1)(b)(iii) provided for the foreign nationals, | ||
and | ||
(c) evidence as the Minister may reasonably require in order to verify such information or documents. | ||
(2B) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, in respect of the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(b), of information, documents and evidence to verify such information, with— | ||
(a) an application under section 4 for the grant of an employment permit, or | ||
(b) an application under section 20 for the grant of a renewal of an employment permit, | ||
that the Minister may reasonably require in order to satisfy himself or herself that the foreign national in respect of whom the application is made is the spouse or the civil partner, or a dependant, of a primary permit holder and satisfies the requirements of section 3C(2) or is the spouse or the civil partner, or a dependant, of a research project researcher and satisfies the requirements of section 3C(3) and in so providing may include information, documents and evidence referred to in paragraphs (a) to (j) of subsection (2C). | ||
(2C) The information, documents and evidence referred to in subsection (2B) that may be included in regulations under this section are information, documents and evidence verifying such information and documents in respect of— | ||
(a) the marital status of a foreign national in respect of whom an application for an employment permit for the purpose referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of marriage certificates and other documents providing evidence of such marital status, | ||
(b) the civil partnership status of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of the civil partnership registration, | ||
(c) the legal relationship, in the case of a civil partner who is a party to a legal relationship referred to in section 3(b) of the Act of 2010, of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of documents relating to such legal relationship, | ||
(d) the nature of the dependence of a foreign national, in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made, on the primary permit holder or, as the case may be, th e research project researcher concerned, which may include copies of birth certificates or other documents providing evidence of the nature of such dependence, | ||
(e) the identity of the primary permit holder and the grant to him or her of the employment permit for the purpose referred to in section 3A(2)(a), | ||
(f) the identity of the research project researcher, | ||
(g) the permission— | ||
(i) given to a primary permit holder referred to in section 3C(2)(a) to be in the State and be in employment in the State, | ||
(ii) referred to in section 2(10)(d) of the Act of 2003 given to a primary permit holder referred to in section 3C(2)(b), and | ||
(iii) given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State, | ||
(h) in the case of a research project researcher referred to in section 3C(3)(b), the permission referred to in section 2(10)(d) of the Act of 2003 given to him or her and the permission given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State, | ||
(i) the verification, by the employer of the primary permit holder, that the primary permit holder is in employment with the employer, and | ||
(j) the verification— | ||
(i) that the research project researcher is carrying out research in the State pursuant to Directive 2005/71/EC by the person in the State with whom that research is being carried out, and | ||
(ii) by the employer of a research project researcher referred to in section 3C(3)(b), of the employment of the research project researcher. | ||
(2D) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, with an application under section 4, of information, documents and evidence to verify such information and documents as the Minister may require to satisfy himself or herself— | ||
(a) that the exchange agreement applies to the foreign national in respect of an application for the grant of an employment permit for the purpose referred to in section 3A(2)(g), and | ||
(b) that, in respect of the purpose referred to in section 3A(2)(i) — | ||
(i) the third level institution outside the State confirms— | ||
(I) that the foreign national is enrolled as a full-time student at that institution and the name and description of the course of study in which the foreign national is enrolled, | ||
(II) the qualifications or skills with which the course of study is wholly or substantially concerned, | ||
(III) that the employment in respect of which the application is made is wholly or substantially concerned with the course of study on which the foreign national is enrolled, | ||
(IV) the requirement referred to in section 3A(2)(i)(iii), and | ||
(V) that the foreign national is required to return to that institution at the end of the 12 month period in order to complete that course of study, | ||
and | ||
(ii) the person who has made the offer of employment concerned confirms that— | ||
(I) the employment is for a period not exceeding 12 months, and | ||
(II) the employment is wholly or substantially concerned with the skills or qualifications referred to in section 3A(2)(i). | ||
(2E) The Minister may, in respect of the notification referred to in section 8(8), make regulations under this section specifying— | ||
(a) the information and documents to be provided to the Minister that relate to the transfer, and the change of name, that arises pursuant to such transfer, of— | ||
(i) the employer or connected person specified in an employment permit referred to in that section, or | ||
(ii) the relevant person, | ||
(b) the form in which the notification under section 8(8) is to be made, and | ||
(c) the procedure for the making of that notification. | ||
(2F) Without prejudice to subsections (1) and (2), in regulations under this section the Minister may provide for the production to the Minister, with an application for the grant or renewal of an employment permit, of information, documents and evidence to verify such information and documents concerning— | ||
(a) compliance by a person who makes an offer of employment with an enactment, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, | ||
(b) compliance by a contractor, relevant person or connected person with an enactment, as the Minister may specify in the regulations, with which compliance is required by such contractor, relevant person or connected person in order to carry on his or her business, | ||
(c) compliance by a person who makes an offer of employment with a requirement, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, and | ||
(d) without prejudice to paragraphs (a) and (b), compliance by a person who made the offer of employment, a contractor or connected person with the Act of 1997 that is in addition to the documents and evidence that may be specified in regulations under subsections (2)(bc)(i) and (2)(bd), | ||
and the Minister may make different provision for different cases and different classes of cases and different circumstances and different classes of circumstances. | ||
(2G) In regulations under this section the Minister may provide for the procedure for the payment of any fee that is to accompany an application for the grant or renewal of an employment permit.”. |