Employment Permits Act 2024

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Change of employer: application and approval of change

27. (1) This section applies where—

(a) a general employment permit or a critical skills employment permit has been granted to a foreign national,

(b) a prescribed period has elapsed since the foreign national first commenced employment in the State pursuant to an employment permit, and

(c) the permit referred to in paragraph (a) is in force and will remain in force for at least 2 months from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1)(a) (in this section referred to as the “existing employer”) to a different employer (in this section referred to as the “new employer”) may be made by—

(a) the new employer, or

(b) the foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) A person making an application under this section shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 50 in respect of a change to the employer specified in an employment permit.

(5) A person making an application under this section shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 13 ) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing and, subject to subsection (8), be accompanied by such fee (if any) as may be prescribed.

(8) (a) The fee referred to in subsection (7) shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for such application shall not be payable.

(9) Sections 18 and 22 shall, subject to the modifications specified in subsection (10), apply to the approval of, or the refusal to approve, a change of employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(10) The modifications mentioned in subsection (9) are—

(a) in section 18 —

(i) in subsection (1)(c), construing the reference to section 12 or 13 as a reference to this section, and

(ii) in subsection (1)(d), construing the reference to section 32 or 33 as a reference to section 28 ,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(11) Subject to sections 9 , 22 (as applied by subsection (9)) and 28 , the Minister may, on consideration of an application made under this section, approve a change to the employer specified in a permit referred to in subsection (1).

(12) Where the Minister approves a change of employer under subsection (11), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(13) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(14) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(15) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 21 (2)(b), any statement of conditions attaching to the permit referred to in section 21 (2)(f), and any information referred to in section 21 (2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.