S.I. No. 363/2016 - Employment Permits (Amendment) (No. 2) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2016.

I, MARY MITCHELL O’CONNOR, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 14, 29 and 30 (as amended by sections 17 , 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:

Citation

1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2016.

(2) The Principal Regulations, the Employment Permits (Trusted Partner) Regulations 2015 ( S.I. No. 172 of 2015 ), the Regulations of 2015, the Employment Permits (Amendment) (No. 2) Regulations 2015 ( S.I. No. 602 of 2015 ) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2016 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 2 August 2016.

Definitions

3. In these Regulations—

“Principal Regulations” means the Employment Permits Regulations 2014 ( S.I. No. 432 of 2014 );

“Regulations of 2015” means the Employment Permits (Amendment) Regulations 2015 ( S.I. No. 349 of 2015 );

“Regulations of 2016” means the Employment Permits (Amendment) Regulations 2016 ( S.I. No. 33 of 2016 ).

Amendment of Regulation 4 of Principal Regulations

4. Regulation 4 of the Principal Regulations is amended—

(a) by substituting for paragraph (2) the following:

“(2) Payment of fees under these Regulations and the Principal Act shall be made—

(a) where the application is made in paper form, in the form of a Euro denominated cheque, bank draft, demand draft or postal order, drawn on a financial institution operating within the Irish clearing system and made payable to the Department of Jobs, Enterprise and Innovation, or by electronic transfer to an account of the Department of Jobs, Enterprise and Innovation, specified from time to time for this purpose by the Minister, or

(b) where application by electronic means is made available by the Minister and the application is made by such means, in the form of electronic credit or debit card payment.”,

(b) in paragraph (4) by inserting “the employer or” after “as the case may be,”, and

(c) in paragraph (5)(a) by substituting “copies” for “photocopies”.

Amendment of Regulation 5 of Principal Regulations

5. Regulation 5 (as amended by Regulation 4 of the Regulations of 2015) of the Principal Regulations is amended—

(a) by substituting for paragraph (1) the following:

“5.(1) Applications for the grant of employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”, and

(b) in paragraph (2)—

(i) in subparagraph (b) by substituting “copies” for “photocopies”,

(ii) in subparagraph (c) by substituting “copy” for “photocopy”,

(iii) in subparagraph (e) by substituting for clauses (I) and (II) the following:

“(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or

(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application,”,

(iv) in subparagraph (g) by inserting “or Part C” after “Part B”,

(v) by substituting for subparagraph (i)(V) the following:

“(V) in the case of an application for employment as—

(A) an executive chef,

(B) a head chef,

(C) a sous chef, or

(D) a specialist chef,

specialising in cuisine originating from a state that is not a Member State of the EEA, a statement from the person who makes the offer of employment, or the connected person, confirming that the foreign national in respect of who the application is made shall be employed in an establishment other than a fast food outlet, and”,

(vi) in subparagraph (i)(VI) by substituting “( S.I. No. 369 of 2006 ),” for “( S.I. No. 369 of 2006 ), and”,

(vii) in subparagraph (j) by substituting “a copy of the appropriate permission,” for “a copy of the appropriate permission.”, and

(viii) by inserting after subparagraph (j) the following:

“(k) where applicable, a copy of the holder’s registration with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP), and

(l) where the application is made by electronic means, copies of signed declarations as may be required.”.

Amendment of Regulation 6 of Principal Regulations

6. Regulation 6 (as amended by Regulation 5 of the Regulations of 2015) of the Principal Regulations is amended—

(a) by substituting for paragraph (1) the following:

“6.(1) Applications for the renewal of the employment permits, whether made by electronic means or in paper form, shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”, and

(b) in paragraph (2)—

(i) in subparagraph (b) by substituting “copies” for “photocopies”,

(ii) in subparagraph (c) by substituting “copy” for “photocopy”,

(iii) in subparagraph (g) by inserting “or Part C” after “Part B”,

(iv) in subparagraph (i) by substituting for clauses (I) and (II) the following:

“(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise, or

(II) evidence of P30 SEPA monthly direct debit payments made within the 3 month period preceding the application,”,

(v) in subparagraph (j) by substituting “a copy of the appropriate permission,” for “a copy of the appropriate permission.”, and

(vi) by inserting after subparagraph (j) the following:

“(k) where applicable, a copy of the holder’s registration with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP), and

(l) where the application is made by electronic means, copies of signed declarations as may be required.”.

Amendment of Regulation 9 of Principal Regulations

7. The Principal Regulations are amended by substituting for Regulation 9 the following:

“9.The Minister may, subject to a right of verification in all cases, consider any requirement specified in the Principal Act or these Regulations to be satisfied by a declaration made by the relevant parties in such form as may be provided or required for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 10 of Principal Regulations

8. Regulation 10 (as amended by Regulation 6 of the Regulations of 2015) of the Principal Regulations is amended by substituting for paragraph (1) the following:

“10.(1) Notification of a change of name to which section 8(8) of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 11 of Principal Regulations

9. Regulation 11 of the Principal Regulations is amended by substituting for paragraph (1) the following:

“11.(1) Notification to be made by a foreign national in the event of a redundancy to which section 20A or 20B of the Principal Act applies shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 12 of Principal Regulations

10. The Principal Regulations are amended by substituting for Regulation 12 the following:

“12.(1) Subject to paragraph (2), a foreign national in respect of whom an application is made for an employment permit for employment in a profession listed in Part C of Schedule 2 is required to be registered with, or have his or her qualifications recognised by, the corresponding regulatory body or Minister of Government listed in that Part.

(2) Paragraph (1) shall not apply to foreign nationals in the following employments:

(a) qualified accountants with at least three years’ auditing experience, who are full members of the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) and who have relevant work experience in the areas of US GAAP reporting and Global Audit and Advisory Services, and where the employment concerned is in MNC Global Audit Services, and

(b) tax consultants specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who have a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market.”

Amendment of Regulation 13 of Principal Regulations

11. Regulation 13 of the Principal Regulations is amended by substituting for paragraph (1) the following:

“13.(1) An application to submit a decision for review under section 13 or 17 of the Principal Act shall be in the relevant form for the time being provided for that purpose by the Minister and made available online at www.djei.ie.”.

Amendment of Regulation 21 of Principal Regulations

12. Regulation 21 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting “copies” for “photocopies” in both places where it occurs, and

(b) in paragraph (2), by substituting “copies” for “photocopies” in both places where it occurs.

Amendment of Regulation 22 of Principal Regulations

13. Regulation 22 of the Principal Regulations is amended—

(a) in paragraph (1), by substituting “copies” for “photocopies” in both places where it occurs, and

(b) in paragraph (2), by substituting “copies” for “photocopies” in both places where it occurs.

Amendment of Regulation 35 of Principal Regulations

14. The Principal Regulations are amended by substituting for Regulation 35 the following:

“35.The minimum period of employment for which a foreign national referred to in section 3D(5) of the Principal Act shall be employed by the foreign employer before an application for an Intra-Company Transfer Employment Permit may be made in respect of him or her is—

(a)6 months in the case of a foreign national referred to in section 3A(2)(d)(i) of the Principal Act, or

(b)1 month in the case of a foreign national referred to in section 3A(2)(d)(ii) of the Principal Act.”.

Amendment of Schedules 3 and 4 to Principal Regulations

15. The Principal Regulations are amended by substituting for Schedules 3 and 4 (as amended by Regulation 4 of the Regulations of 2016) the Schedules set out in Schedule 1 to these Regulations.

Revocation of Schedule 6 to Principal Regulations

16. Schedule 6 (as amended by Regulation 10 of the Regulations of 2015) to the Principal Regulations is revoked.

Revocation of Regulations of 2016

17. The Regulations of 2016 are revoked.

Schedule 1

Regulation 15

New Schedules 3 and 4 to the Principal Regulations

“Regulations 15, 26, 27, 40, 61 and 62

Schedule 3

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

SOC-3

Employment category

SOC-4

Employments

211

Natural and Social Science Professionals

2111

Chemical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

2112

• Medical laboratory scientists• Biological scientists and biochemists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

2113

Physical scientists in manufacturing (including food & beverages, medical devices), product development, analytical development, clinical co-vigilance, or biotechnology or related and relevant specialist skills, qualifications or experience

212

Engineering Professionals

2122

Mechanical engineers specialising in:

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Mechanical engineering (especially polymer engineering skills in the areas of pharmaceuticals, medical devices or green economy), or

• Chemical process engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2123

Electrical engineers specialising in:

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2124

Electronics engineers specialising in:

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2126

Design and development engineers specialising in:

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Chip design, test engineering, or application engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2127

Production and process engineers specialising in:

• Quality control, or validation and regulation engineering (high tech industry; food and beverages), or

• Chemical process engineering, or

• Process automation engineering, or

• Power generation, transmission and distribution, or

• Related and relevant specialist skills, qualifications or experience

2129

Material scientists

113

ICT Professionals

1136

Information technology and telecommunications directors

213

2133

IT specialist managers

2134

IT project and programme managers

2135

IT business analysts, architects and systems designers

2136

Programmers and software development professionals

2137

Web design and development professionals

2139

All other ICT professionals

221

Health Professionals

2211

Medical practitioners

2213

Industrial Pharmacists

2217

• Radiographers

• Radiation therapists

• Vascular technologists/physiologists

• Gastro Intestinal technologists/physiologists

• Respiratory physiologists

2219

• Audiologists

• Perfusionists

118

Health and Social Services Managers and Directors

1181

Senior health services and public health managers and directors

222

Therapy Professionals

2229

Orthoptists

223

Nursing and Midwifery Professionals

2231

• Registered Nurses (RGN, MHN, ID and Children’s nurses)

• Clinical Nurse Specialists

• Clinical Nurse Managers

• Advanced Nursing Practitioners

2232

• Registered Midwives

• Clinical Midwife Specialists

• Clinical Midwife Managers

• Advanced Midwife Practitioners

321

Health Associate Professionals

3218

• Prosthetists• Orthotists

3213

• PHECC registered Paramedics

• PHECC registered Advanced Paramedic Practitioners

242

Business, Research and Administrative Professionals

2421

• Chartered and certified accountants and taxation experts specialising in tax, compliance, regulation, solvency, or financial management, or related and relevant specialist skills, qualifications or experience.

• Qualified accountants with at least three years’ auditing experience, who are full members of the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) and who have relevant work experience in the areas of US GAAP reporting and Global Audit and Advisory Services and the employment concerned is in MNC Global Audit Services.

• Tax consultants specialising in non-EEA tax consultancy and compliance with a professional tax qualification or legal qualification with tax specialism, who have a minimum of three years’ experience of tax consultancy requirements and regulations in the relevant non-EEA market.

2423

Management consultants and business analysts specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience

2424

Business and financial project management professionals specialising in finance & investment analytics, risk analytics, credit, fraud analytics or related and relevant specialist skills, qualifications or experience

2425

Actuaries, economists and statisticians specialising in big data analytics with skills in IT, data mining, modelling, and advanced maths or related and relevant specialist skills, qualifications or experience

246

Quality and Regulatory Professionals

2461

Quality control and planning engineers

2462

Quality assurance and regulatory professionals

2463

Environmental health professionals

354

Sales, Marketing and Related Associate Professionals

3542

Business sales executives specialising in International Sales Roles or ITB2B sales roles and with fluency in the official language, apart from English, of a state which is not a Member State of the EEA

3543

International marketing experts with required domain knowledge specialising in product strategy development and management with technical and product/service knowledge (pharmaceutical, medical devices, Software B2B, SaaS products)

Note: ‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010).

Schedule 4

Regulations 15, 26, 27, 32, 39, 57

Employments in respect of which an employment permit shall not be granted

SOC-3

Categories of employment

SOC-4

Employment

122

Managers in Hospitality and Leisure Services

1221

Hotel and accommodation managers

1223

Restaurant and catering establishment managers

1224

Publicans and managers of licensed premises

1225

Leisure and sports facilities managers

1226

Travel agency managers

124

Managers in Health and Care Services

1242

Residential, day and domiciliary care managers

125

Managers in Other Services

1251

Property, housing and estate managers

1252

Garage managers

1253

Hairdressing and beauty salon managers

1254

Shopkeepers — wholesale and retail

1255

Waste disposal and environmental services managers

1259

Other managers in other services (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager)

222

Therapy Professionals

2221

Physiotherapists (with the exception of a physiotherapist affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit)

2222

Occupational therapists

2223

Speech and language therapists

2229

Other therapy professionals(with the exception of orthoptists and chiropractors who are members of the Chiropractic Association of Ireland)

244

Welfare Professionals

2442

Social workers

2443

Probation officers

2449

Other welfare professionals

311

Science, Engineering and Production Technicians

3114

Building and civil engineering technicians

312

Draughtspersons and Related Architectural Technicians

3121

Architectural and town planning technicians

3122

Draughtspersons

321

Health Associate Professionals

3216

Dispensing opticians

3217

Pharmaceutical technicians

3218

Dental technicians only

3219

Other health associate professionals (includes Acupuncturists, Homeopaths, Hypnotherapists, Massage therapists, Reflexologists, Sports therapists)

323

Welfare and Housing Associate Professionals

3231

Youth and community workers

3233

Child and early years officers

3234

Housing officers

3235

Counsellors

3239

Other welfare and housing associate professionals

331

Protective Service Occupations

3311

NCOs and other ranks

3312

Police officers (sergeant and below)

3313

Fire service officers (watch manager and below)

3314

Prison service officers (below principal officer)

3315

Police community support officers

3319

Other protective service associate professionals

344

Sports and Fitness Occupations

3443

Fitness instructors

352

Legal Associate Professionals

3520

Legal associate professionals

(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA and who has market knowledge of that non-EEA state)

354

Sales, Marketing and Related Associate Professionals

3544

Estate agents and auctioneers

3546

Conference and exhibition managers and organisers

356

Public Services and Other Associate Professionals

3561

Public services associate professionals

3563

Vocational and industrial trainers and instructors

(with the exception of mobility instructors for the visually impaired)

3564

Careers advisers and vocational guidance specialists

3565

Inspectors of standards and regulations

3567

Health and safety officers

411

Administrative Occupations: Government and Related Organisations

4112

National government administrative occupations

4113

Local government administrative occupations

412

Administrative Occupations: Finance

4121

Credit controllers

(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, in a role in credit control where the employment is supported by an enterprise development agency)

4122

Book-keepers, payroll managers and wages clerks

(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA in a role in accounts payable where the employment is supported by an enterprise development agency)

4123

Bank and post office clerks

4124

Finance officers

4129

Other financial administrative occupations

413

Administrative Occupations: Records

4131

Records clerks and assistants

4132

Pensions and insurance clerks and assistants

4133

Stock control clerks and assistants

4134

Transport and distribution clerks and assistants

4135

Library clerks and assistants

4138

Human resources administrative occupations

415

Other Administrative Occupations

4151

Sales administrators

4159

Other administrative occupations

416

Administrative Occupations: Office Managers and Supervisors

4161

Office managers

4162

Office supervisors

421

Secretarial and Related Occupations

4211

Medical secretaries

4212

Legal secretaries

4213

School secretaries

4214

Company secretaries

4215

Personal assistants and other secretaries

4216

Receptionists

4217

Typists and related keyboard occupations

511

Agricultural and Related Trades

5111

Farmers

5112

Horticultural trades

5113

Gardeners and landscape gardeners

5114

Groundsmen and greenkeepers

5119

Other agricultural and fishing trades

521

Metal Forming, Welding and Related Trades

5211

Smiths and forge workers

5212

Moulders, core makers and die casters

5213

Sheet metal workers

5214

Metal plate workers, and riveters

5215

Welding trades (with the exception of TIG and MIG welders)

5216

Pipe fitters

522

Metal Machining, Fitting and Instrument Making Trades

5225

Air-conditioning and refrigeration engineers

523

Vehicle Trades

5231

Vehicle technicians, mechanics and electricians (with the exception of vehicle technicians and mechanics affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit)

5232

Vehicle body builders and repairers

5234

Vehicle paint technicians

5236

Boat and ship builders and repairers

5237

Rail and rolling stock builders and repairers

524

Electrical and Electronic Trades

5241

Electricians and electrical fitters

5244

TV, video and audio engineers

5249

Other electrical and electronic trades

525

Skilled Metal, Electrical and Electronic Trades Supervisors

5250

Skilled metal, electrical and electronic trades supervisors

531

Construction and building trades

5312

Bricklayers and masons

5313

Roofers, roof tilers and slaters

5314

Plumbers and heating and ventilating engineers

5315

Carpenters and joiners

5316

Glaziers, window fabricators and fitters

5319

Other construction and building trades

532

Building Finishing Trades

5321

Plasterers

5322

Floorers and wall tilers

5323

Painters and decorators

533

Construction and Building Trades Supervisors

5330

Construction and building trades supervisors

541

Textiles and Garments Trades

5411

Weavers and knitters

5412

Upholsterers

5413

Footwear and leather working trades

5414

Tailors and dressmakers

5419

Other textiles, garments and related trades

542

Printing Trades

5421

Pre-press technicians

5422

Printers

5423

Print finishing and binding workers

543

Food Preparation and Hospitality Trades

5431

Butchers (with the exception of boners (meat))

5432

Bakers and flour confectioners

5433

Fishmongers and poultry dressers

5434

Chefs(with the exception of—

(a) executive chefs,

(b) head chefs,

(c) sous chefs, or

(d) specialist chefs and each of whom are specialising in cuisine originating from a state which is not a Member State of the EEA and working in establishments other than fast food outlets)

5435

Cooks

5436

Catering and bar managers

544

Other Skilled Trades

5441

Glass and ceramics makers, decorators and finishers

5442

Furniture makers and other craft woodworkers

5443

Florists

5449

All other skilled trades

612

Childcare and Related Personal Services

6121

Nursery nurses and assistants

6122

Childminders and related occupations

6125

Teaching assistants

6126

Educational support assistants

613

Animal Care and Control Services

6131

Veterinary nurses

6132

Pest control officers

6139

Other animal care services occupations (includes work riders)

614

Caring Personal Services

6141

Nursing auxiliaries and assistants

6142

Ambulance staff (with the exception of paramedics)

6143

Dental nurses

6144

Houseparents and residential wardens

6145

Care workers and home carers(with the exception of a carer in a private home)

6146

Senior care workers

6147

Care escorts

6148

Undertakers, mortuary and crematorium assistants

621

Leisure and Travel Services

6211

Sports and leisure assistants

6212

Travel agents

6214

Air travel assistants

6215

Rail travel assistants

6219

Other leisure and travel service occupations(with the exception of tourist guides fluent in the official language, apart from English, of a state which is not a Member State of the EEA)

622

Hairdressers and Related Services

6221

Hairdressers, barbers, and related occupations

6222

Beauticians and related occupations

623

Housekeeping and Related Services

6231

Housekeepers and related occupations

6232

Caretakers

624

Cleaning and Housekeeping Managers and Supervisors

6240

Cleaning and housekeeping managers and supervisors

711

Sales Assistants and Retail Cashiers

7111

Sales and retail assistants

7112

Retail cashiers and check-out operators

7113

Telephone salespersons

7114

Pharmacy and other dispensing assistants

7115

Vehicle and parts salespersons and advisers

712

Sales Related Occupations

7121

Collector salespersons and credit agents

7122

Debt, rent and other cash collectors

7123

Roundspersons and van salespersons

7124

Market and street traders and assistants

7125

Merchandisers and window dressers

7129

Other sales related occupations

713

Sales Supervisors

7130

Sales supervisors

721

Customer Service Occupations

7211

Call and contact centre occupations (with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, where the employment is supported by an enterprise development agency and is in—

• a customer service and sales role with relevant product knowledge,

• a specialist online digital marketing and sales role, or

• a specialist language support and technical sales support role)

7213

Telephonists

7214

Communication operators

7215

Market research interviewers

7219

Other customer service occupations

722

Customer Service Managers and Supervisors

7220

Customer service managers and supervisors

811

Process Operatives

8111

Food, drink and tobacco process operatives

(with exception of Computer Numerical Control Operative)

8112

Glass and ceramics process operatives

(with exception of Computer Numerical Control Operative)

8113

Textile process operatives

(with exception of Computer Numerical Control Operative)

8114

Chemical and related process operatives

(with exception of Computer Numerical Control Operative)

8115

Rubber process operatives

(with exception of Computer Numerical Control Operative)

8116

Plastics process operatives

(with exception of Computer Numerical Control Operative)

8117

Metal making and treating process operatives

(with exception of Computer Numerical Control Operative)

8118

Electroplaters

(with exception of Computer Numerical Control Operative)

8119

Other process operatives

(with exception of Computer Numerical Control Operative)

812

Plant and Machine Operatives

8121

Paper and wood machine operatives

(with exception of Computer Numerical Control Operative)

8122

Coal mine operatives

(with exception of Computer Numerical Control Operative)

8123

Quarry workers and related operatives

(with exception of Computer Numerical Control Operative)

8124

Energy plant operatives

(with exception of Computer Numerical Control Operative)

8125

Metal working machine operatives

(with exception of Computer Numerical Control Operative)

8126

Water and sewerage plant operatives

(with exception of Computer Numerical Control Operative)

8127

Printing machine assistants

(with exception of Computer Numerical Control Operative)

8129

Other plant and machine operatives

(with exception of Computer Numerical Control Operative)

813

Assemblers and Routine Operatives

8131

Assemblers (electrical and electronic products)

8132

Assemblers (vehicles and metal goods)

8133

Routine inspectors and testers

8134

Weighers, graders and sorters

8135

Tyre, exhaust and windscreen fitters

8137

Sewing machinists

8139

Other assemblers and routine operatives

814

Construction Operatives

8141

Scaffolders, stagers and riggers

8142

Road construction operatives

8143

Rail construction and maintenance operatives

8149

Other construction operatives

821

Road Transport Drivers

8211

Large goods vehicle drivers

8212

Van drivers

8213

Bus and coach drivers

8214

Taxi and cab drivers and chauffeurs

8215

Driving instructors

822

Mobile Machine Drivers and Operatives

8221

Crane drivers

8222

Fork-lift truck drivers

8223

Agricultural machinery drivers

8229

Other mobile machine drivers and operatives

823

Other Drivers and Transport Operatives

8231

Train and tram drivers

8232

Marine and waterways transport operatives

8233

Air transport operatives

8234

Rail transport operatives

8239

Other drivers and transport operatives

911

Elementary Agricultural Occupations

9111

Farm workers

9112

Forestry workers

9119

Other fishing and other general agriculture occupations

912

Elementary Construction Occupations

9120

Elementary construction occupations

913

Elementary Process Plant Occupations

9132

Industrial cleaning process occupations

9134

Packers, bottlers, canners and fillers

9139

Other elementary process plant occupations

921

Elementary Administration Occupations

9211

Postal workers, mail sorters, messengers and couriers

9219

Other elementary administration occupations

923

Elementary Cleaning Occupations

9231

Window cleaners

9232

Street cleaners

9233

Cleaners and domestics

9234

Launderers, dry cleaners and pressers

9235

Refuse and salvage occupations

9236

Vehicle valeters and cleaners

9239

Other elementary cleaning occupations

924

Elementary Security Occupations

9241

Security guards and related occupations

9242

Parking and civil enforcement occupations

9244

School midday and crossing patrol occupations

9249

Other elementary security occupations

925

Elementary Sales Occupations

9251

Shelf fillers

9259

Other elementary sales occupations

926

Elementary Storage Occupations

9260

Elementary storage occupations

927

Other Elementary Services Occupations

9271

Hospital porters

9272

Kitchen and catering assistants

9273

Waiters and waitresses

9274

Bar staff

9275

Leisure and theme park attendants

9279

Other elementary services occupations

All

Work in the private home

All

Domestic operatives

Note: ‘SOC-3’ and ‘SOC-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010).”

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GIVEN under my Official Seal,

11 July 2016.

MARY MITCHELL O’CONNOR,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Employment Permits Regulations 2014 to provide for the following:

• Introduction of a new online employment permits application system.

• The minimum period a trainee under the Intra-Company Transfer Employment Permit scheme is required to be in the employment of a foreign employer is reduced from 6 months to 1 month.

• P30 information submitted by employers who use the SEPA Direct Debit online facility to make returns to the Revenue Commissioners.

• 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.

• Schedule 4 — changes to the list of employments in respect of which an employment permit shall not be granted.

• Substitution of provisions regarding the form in which applications, notifications and submissions shall be made with provisions providing for relevant forms for the time being provided for those purposes by the Minister and made available at www.djei.ie. Consequently, Schedule 6 is revoked.

• In the case of employment in a profession listed in Part C of Schedule 2 of the Principal Regulations, a copy of the holder’s registration with, or recognition of qualifications by, an appropriate regulatory body or Minister listed in that Schedule, is required to be provided with an application for grant or renewal of an employment permit.

• Where applicable, a copy of the foreign national’s registration with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) is required to be provided with an application for grant or renewal of an employment permit.

• Clarification provided that an executive chef, head chef, sous chef or specialist chef must each specialise in non-EEA cuisine in order to be eligible for an employment permit.

These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2016.

These Regulations come into operation on 2 August 2016.