Employment Permits Act 2024
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Non-application of section 7 to certain foreign nationals | ||
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8. (1) Without prejudice to any other provisions of this Act, section 7 shall not apply to a foreign national— | ||
(a) in respect of whom a declaration under section 47 of the Act of 2015 is in force, | ||
(b) who is permitted to enter and reside in the State, or reside in the State, pursuant to section 56 or 57 of the Act of 2015, | ||
(c) who is a programme refugee within the meaning of section 59 of the Act of 2015, | ||
(d) who is an applicant or a recipient within the meaning of the European Communities (Reception Conditions) Regulations 2018 ( S.I. No. 230 of 2018 ), | ||
(e) who is entitled to enter the State and to be in employment in the State pursuant to the treaties governing the European Union (within the meaning of the European Communities Acts 1972 to 2012), | ||
(f) who is permitted to remain in the State by the Minister for Justice and who is in employment in the State pursuant to a condition of that permission that the person may be in employment in the State without an employment permit, or | ||
(g) who is entitled in the State to privileges and immunities under section 5 or 6 of the Diplomatic Relations and Immunities Act 1967 , or under any other Act of the Oireachtas or any instrument made thereunder, and the Minister for Foreign Affairs has certified in writing that the foreign national concerned— | ||
(i) falls within an arrangement that permits a foreign national who is a member of the family of an assigned person, forming part of his or her household, to be in employment in the State for the duration of the assignment to official duties in the State of the assigned person concerned, or | ||
(ii) is a member of the family of an assigned person, forming part of his or her household, and the assigned person concerned is a national of another Member State, a Member State of the EEA or the Swiss Confederation. | ||
(2) A foreign national referred to in subsection (1)(g) shall be entitled to be in employment in the State without an employment permit for the duration of the assignment to official duties in the State of the assigned person concerned. | ||
(3) In this section— | ||
“Act of 2015” means the International Protection Act 2015 ; | ||
“arrangement” means— | ||
(a) in relation to an assigned person to whom paragraph (a) of the definition of assigned person applies, a reciprocal arrangement (whether in the form of a memorandum of understanding or otherwise) or reciprocal agreement that is entered into by the Government with another state, or | ||
(b) in relation to an assigned person to whom paragraph (b) of the definition of assigned person applies, an arrangement (whether in the form of a memorandum of understanding or otherwise) or agreement that is entered into by the Government with an international organisation, community or body; | ||
“assigned person” means— | ||
(a) a person who is assigned, by a government of another state, to carry out official duty in the State on behalf of the government of that other state, or | ||
(b) a person who is assigned, by an international organisation, community or body, to carry out official duty in the State on behalf of that international organisation, community or body. |