| |
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).”
|
| |
|
| |
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.
|