Employment Permits Act 2024
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Period for which employment permit may be renewed | ||
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37. (1) The period for which an employment permit may be renewed under section 36 shall, subject to this section, section 9 (2)(j)(ii), section 31 (1)(b), section 38 (3) and section 39 (4) and (5), not exceed such period as may be prescribed by the Minister in accordance with section 47 (2)(j). | ||
(2) In the case of the renewal of an intra-company transfer employment permit granted in respect of an employment referred to in section 9 (2)(d)(i), where the Minister is satisfied that the duties to be carried out for the connected person will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (4), renew the permit in accordance with this section, for the period referred to in subsection (1) or, where the remaining period in which those duties are to be completed is less than the period referred to in subsection (1), for the lesser period. | ||
(3) In the case of the renewal of a contract for service employment permit, where the Minister is satisfied that the duties to be performed in the State pursuant to the contract service agreement will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (4), renew the permit, in accordance with this section, for the period referred to in subsection (1) or, where the remaining period in which those duties are to be completed is less than the period referred to in subsection (1), for the lesser period. | ||
(4) Subject to section 31 , the total period for which an employment permit referred to in subsections (2) or (3) may be in force, whether granted or renewed, shall not exceed such period as may be prescribed by the Minister from the date on which it was first granted. | ||
(5) Subject to subsection (6), if, at the date of the making of an application for the renewal of an employment permit, the period for which the permit has been in force (including the periods for which it has been previously renewed) is 5 or more years, then the period for which the permit may be renewed on foot of that application may be an unlimited period. | ||
(6) Subsection (5) shall not apply to the renewal of an employment permit referred to in subsections (2) or (3) or section 38 (3). | ||
(7) In the case of the renewal of a seasonal employment permit, the permit shall be in force only during the period for which the employment permit is renewed, which shall be during a period or periods specified in regulations under section 9 (4)(b). | ||
(8) The period for which a dependant employment permit may be renewed shall be the lesser of— | ||
(a) the period referred to in subsection (1), or | ||
(b) the period beginning on the date on which the employment permit is to be renewed and ending on the date of the expiry of— | ||
(i) the employment permit granted to the primary permit holder referred to in section 14 (2)(a), | ||
(ii) the permission, referred to in section 14 (2)(b), given to the primary permit holder referred to in section 14 (2)(b) to remain in the State and be in employment in the State, | ||
(iii) the permission referred to in section 14 (3)(a), given to the research project researcher referred to in section 14 (3)(a), or | ||
(iv) the permission, referred to in section 14 (3)(b), given to the research project researcher referred to in section 14 (3)(b) to remain in the State and be in employment in the State. | ||
(9) Nothing in subsection (8) shall be construed as preventing a dependant employment permit being renewed for a period that is less than the period specified in subsection (1) in circumstances other than those specified in subsection (8). |