Employment Permits Act 2024

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Additional grounds for refusing renewal of employment permit

39. (1) The Minister may, subject to subsection (2), refuse to renew an employment permit if—

(a) the foreign national is not or, in the case of a seasonal employment permit, was not during any period for which the permit was in force, in the opinion of the Minister—

(i) employed in the employment specified in accordance with section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit,

(ii) employed by the person referred to in section 19 (2)(b) or, where applicable, a person referred to in section 31 (1)(c), or the new employer within the meaning of section 27 or 29 , or

(iii) in the case of an intra-company transfer employment permit, employed by the foreign employer or is not carrying out duties for the connected person referred to in section 19 (3),

(b) in the opinion of the Minister—

(i) the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated pursuant to section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit or, as the case may be, the remuneration stated in the notification referred to in section 31 (2), or

(ii) the deductions stated pursuant to section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit or, as the case may be, the deductions stated in the notification referred to in section 31 (2), were different to the deductions made by the employer,

(c) the foreign national has spent a continuous period of not less than—

(i) 3 months, or

(ii) in the case of a seasonal employment permit, one month,

outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(d) subject to subsection (3), the granting of the application to renew the permit would contravene regulations under section 47 in so far as those regulations make provision for, pursuant to section 47 (17), the renewal of an employment permit, or

(e) the information, documents and evidence referred to in paragraphs (a) and (b) of section 36 (5) were not provided as required under those paragraphs.

(2) Subsection (1)(a)(i) shall not apply where the foreign national is employed with the same employer specified in the employment permit and the skills, qualifications or experience required for the employment in respect of the application is made are the same, or substantially the same, as the skills, qualifications or experience required for the employment in respect of which the employment permit was granted.

(3) The Minister may, notwithstanding subsection (1)(d), renew an employment permit in respect of an employment that—

(a) at the date of the grant of such permit was an employment, specified in regulations under section 47 , in respect of which an employment permit may have been granted or fell within a category of employment specified in regulations made under section 47 for which an employment permit may have been granted, and

(b) at the date of the application for the renewal, is an employment, or falls within a category of employment, specified in regulations made under section 47 as an employment or category of employment for which an employment permit shall not be granted.

(4) Where an application is made for the renewal of a general employment permit or an intra-company transfer employment permit granted in respect of an employment referred to in section 9 (2)(d)(i), and section 22 (2) applied in respect of such grant and, on the date the application for such renewal was made, 50 per cent or more of the employees of the employer or the connected person, as the case may be, are not nationals referred to in section 22 (1), the Minister shall not grant the renewal of the permit concerned unless—

(a) an enterprise development agency has made a recommendation referred to in section 16 in respect of that application, and

(b) the Minister is satisfied that, having regard to such recommendation, renewing the employment permit concerned will contribute to the further development of employment in the State,

and where the employment permit concerned is renewed, the period for which the employment permit is renewed shall not exceed such period as may be prescribed by the Minister.

(5) Where a subsequent application is made for the renewal of an employment permit that was last renewed in accordance with subsection (4), the Minister shall not renew the employment permit unless 50 per cent or more of the employees of the employer or the connected person, as the case may be, are nationals referred to in section 22 (1) and where, pursuant to that subsequent application, the employment permit concerned is renewed, the period for which it is renewed shall not exceed such period as may be prescribed by the Minister.

(6) This section is—

(a) in addition to, pursuant to section 38 , the grounds specified in sections 32 and 33 for refusing an application for renewal, and

(b) without prejudice to the other requirements under this Act that must be satisfied with respect to the renewal of an employment permit.