S.I. No. 172/2015 - Employment Permits (Trusted Partner) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th May, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 29 and 30 (as amended by sections 29 and 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), hereby make the following regulations:

Part 1

Preliminary

Citation

1. (1) These Regulations may be cited as the Employment Permits (Trusted Partner) Regulations 2015.

(2) The Principal Regulations, the Employment Permits (Amendment) Regulations 2014 ( S.I. No. 506 of 2014 ) and these Regulations may be cited together as the Employment Permits Regulations 2014 to 2015 and shall be construed together as one.

Commencement

2. These Regulations shall come into operation on 8 May 2015.

Interpretation

3. In these Regulations—

“EEA contractor” means a contractor whose principal place of business is located within a Member State of the EEA;

“Principal Regulations” means the Employment Permits Regulations 2014 ( S.I. No. 432 of 2014 );

“Trusted Partner” means a person who has made an application under Part 2 and who the Minister has provided with a Trusted Partner Registration Number for use in subsequent employment permit applications;

“Trusted Partner Registration” means registration pursuant to an application made under Part 2 whereby a person who will make an offer of employment, an employer, a connected person or an EEA contractor can provide the Minister with certain information required under the Principal Act in relation to their business, and as the case may be, connections or contract service agreements, in advance of such person, employer, connected person or EEA contractor making an application for an employment permit.

Part 2

Trusted Partner Registration

Application for Trusted Partner Registration

4. (1) Form A in Schedule 1 is prescribed for the purposes of making an application for Trusted Partner Registration.

(2) The following information and documents are prescribed for the purpose of section 6(g)(i) of the Principal Act and shall be provided with an application for Trusted Partner Registration:

(a) where the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, has not yet made returns to the Revenue Commissioners in respect of employees, a statement in writing provided by the Revenue Commissioners confirming registration with the Revenue Commissioners and stating the said person’s ERN (Employer Registered Number),

(b) in the case of an employer, or where the person who will make the offer of employment, or, as the case may be, the EEA contractor or connected person, does not come under subparagraph (a), a copy of—

(I) a P30 returned to the Revenue Commissioners within the 3 month period preceding the application, or

(II) a receipt for such return, whether issued through ROS (Revenue Online Service) or otherwise,

(c) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person is operating a restaurant or fast food outlet—

(I) if the establishment has been operating for one year or more, a copy of a “P35L” form returned by the person who will make the offer of employment, the employer or the connected person, to the Revenue Commissioners,

(II) an up-to-date tax clearance certificate in respect of the person who will make the offer of employment, the employer or the connected person,

(III) copies of utility bills for the establishment’s premises dated within the period of 2 months prior to the application, and

(IV) a letter from the relevant official agency confirming that the person who will make the offer of employment, the employer or the connected person, has registered its premises in accordance with Article 6 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004¹ and Regulation 6 of the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ),

(d) where the person who will make the offer of employment or the employer is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission,

(e) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person has charitable status from the Revenue Commissioners, a letter from the Revenue Commissioners confirming that such person has such charitable status,

(f) in respect of applications by connected persons, documentary evidence of the connection(s) between the connected person and the foreign employer(s), and

(g) in respect of applications by EEA contractors, information and documentary evidence in relation to the contract service agreement(s) under which it is proposed that employees will be providing services.

Time period of Trusted Partner Registration

5. Trusted Partner Registration shall be for a period of 2 years, renewable by way of application pursuant to Regulation 6.

Application for renewal of Trusted Partner Registration

6. (1) Form B in Schedule 1 is prescribed for the purposes of making an application for renewal of a Trusted Partner Registration.

(2) The following information and documents are prescribed for the purpose of section 6(g)(i) of the Principal Act and shall be provided with an application for renewal of a Trusted Partner Registration:

(a) a copy of 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, in respect of the person who will make the offer of employment, the employer, the connected person or the EEA contractor,

(b) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person, is operating a restaurant or fast food outlet an up-to-date tax clearance certificate in respect of the person who will make the offer of employment, the employer or the connected person,

(c) where the person who will make the offer of employment or the employer is required to obtain permission from the Minister for Justice and Equality to operate a business in the State, a copy of the appropriate permission,

(d) where the person who will make the offer of employment, or, as the case may be, the employer or the connected person has charitable status from the Revenue Commissioners, a letter from the Revenue Commissioners confirming that such person has such charitable status,

(e) in respect of an application by a connected person, documentary evidence of the connection(s) between the connected person and the foreign employer(s), and

(f) in respect of an application by an EEA contractor, information and documentary evidence in relation to the contract service agreement(s) under which it is proposed that employees will be providing services.

Part 3

General provisions for applications by Trusted Partner for employment permit

Fees

7. The fees prescribed in Regulation 4 of the Principal Regulations, for the purposes of section 5(2) of the Principal Act, are applicable to applications by a Trusted Partner for the grant or renewal of an employment permit.

Application for grant of employment permit

8. (1) Notwithstanding Regulation 5(1) of the Principal Regulations, Forms A to I in Schedule 2 are prescribed for the purposes of applications by a Trusted Partner for the grant of the employment permits named therein.

(2) Notwithstanding Regulation 5(2) of the Principal Regulations, and subject to compliance with the requirements of Part 2, the following information and documents are prescribed for the purpose of section 6(g)(i) of the Principal Act and shall be provided with an application by a Trusted Partner for the grant of an employment permit:

(a) a photograph of the foreign national in respect of whom the application is made, of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State,

(b) clear photocopies of the relevant pages of the passport of the foreign national in respect of whom the application is made, showing his or her picture, personal details, passport expiry date 12 months or more after the date of application, and his or her signature,

(c) a clear photocopy of the current immigration stamp and visa, if applicable, of the foreign national in respect of whom the application is made or, if available, his or her Garda National Immigration Bureau pin,

(d) in the case of an application for employment in a profession listed in Part A of Schedule 2 to the Principal Regulations, a copy of the registration of the foreign national in respect of whom the application is made with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin with that regulatory body,

(e) in the case of an application for employment in a profession listed in Part B of Schedule 2 to the Principal Regulations, a copy of the registration or recognition of qualifications of the foreign national in respect of whom the application is made with the appropriate regulatory body or Minister of the Government listed in that Schedule,

(f) in the case of an application for employment as a carer in a private home—

(i) copies of qualifications confirming that the foreign national in respect of whom the application is made is a trained medical professional in a profession listed in Part A of Schedule 2 to the Principal Regulations and a letter from a registered medical practitioner specialising in the area of illness of the person for whom the foreign national will be caring, confirming that that person has a severe medical condition, or

(ii) a copy of a P60, payslips, a notarised letter or an affidavit establishing that the foreign national in respect of whom the application is made has a long history of caring for the person concerned and a letter from a registered medical practitioner specialising in the area of illness of the person for whom the foreign national will be caring confirming that that person has special care needs,

(g) in the case of an application for employment in a restaurant or fast food outlet—

(I) copies of any certified qualifications of the foreign national in respect of whom the application is made, and

(II) in the case of an application for a Critical Skills Employment Permit, General Employment Permit, Sport and Cultural Employment Permit or Intra-Company Transfer Employment Permit, in respect of an employment as an executive chef, head chef, sous chef or 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 foreign national in respect of whom the application is made shall be employed in an establishment other than a fast food outlet.

Application for renewal of employment permit

9. (1) Notwithstanding Regulation 6(1) of the Principal Regulations, Forms J to O in Schedule 2 are prescribed for the purposes of applications by a Trusted Partner for the renewal of the employment permits named therein.

(2) Notwithstanding Regulation 6(2) of the Principal Regulations, and subject to compliance with the requirements of Part 2, the following information, documents and evidence are prescribed for the purpose of section 20(4A) of the Principal Act and shall be provided with an application by a Trusted Partner for the renewal of an employment permit:

(a) a photograph of the holder of the same size and form as the photograph required by the Minister for Foreign Affairs and Trade to be contained in a passport issued by that Minister to a citizen of the State,

(b) clear photocopies of the relevant pages of the holder’s passport, showing his or her picture, personal details, a passport expiry date of 3 months or more after the date of application for renewal and his or her signature,

(c) a clear photocopy of the holder’s current immigration stamp and visa if applicable, or, if available, his or her Garda National Immigration Bureau pin,

(d) a copy of 3 recent payslips of the holder dated within the 4 month period prior to the application,

(e) a copy of the P60 issued in respect of the holder for each year that he or she has been employed pursuant to the employment permit, or, if the P60 is not available, the P21 issued in respect of the holder,

(f) in the case of an application for employment in a profession listed in Part A of Schedule 2 to the Principal Regulations, a copy of the holder’s registration with the appropriate regulatory body listed in that Schedule or, if available, his or her registration number, licence number or pin with that regulatory body,

(g) in the case of an application for employment in a profession listed in Part B of Schedule 2 to the Principal Regulations, a copy of the holder’s registration with, or recognition of qualifications by, the appropriate regulatory body or Minister of Government listed in that Schedule, and

(h) in the case of an application for employment in a restaurant or fast food outlet an up-to-date tax clearance certificate in respect of the employer or the connected person.

Declarations

10. 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 the applicable application form set out in Schedules 1 and 2, or in such other form as may be provided or required for that purpose by the Minister.

Part 4

Additional information and documents required for specific Employment Permit types

Documentation required for grant of Dependant/Partner/Spouse Employment Permit

11. (1) In addition to the information and documents prescribed under Regulation 8(2) for the purpose of section 6(g)(i) of the Principal Act, the documents prescribed under Regulation 21(1) of the Principal Regulations shall be provided with an application by a Trusted Partner for the grant of a Dependant/Partner/Spouse Employment Permit to a foreign national referred to in section 3C(2) of the Principal Act.

(2) In addition to the information and documents prescribed under Regulation 8(2) for the purpose of section 6(g)(i) of the Principal Act, the documents prescribed in Regulation 21(2) of the Principal Regulations shall be provided with an application by a Trusted Partner for the grant of a Dependant/Partner/Spouse Employment Permit to a foreign national referred to in section 3C(3) of the Principal Act.

Documentation required for renewal of Dependant/Partner/Spouse Employment Permit

12. (1) In addition to the information, documents and evidence prescribed under Regulation 9(2) for the purpose of section 20(4A) of the Principal Act, an application by a Trusted Partner for the renewal of a Dependant/Partner/Spouse Employment Permit granted to a foreign national referred to in section 3C(2) of the Principal Act shall be accompanied by the documents referred to in Regulation 22(1) of the Principal Regulations.

(2) In addition to the information, documents and evidence prescribed under Regulation 9(2) for the purpose of section 20(4A) of the Principal Act, an application by a Trusted Partner for the renewal of a Dependant/Partner/Spouse Employment Permit granted to a foreign national referred to in section 3C(3) of the Principal Act shall be accompanied by the documents referred to in Regulation 22(2) of the Principal Regulations.

Documentation and information required for grant of General Employment Permit

13. Where a notice of offer of employment has, in accordance with section 10A of the Principal Act, been required to be published, in addition to the information and documents prescribed under Regulation 8(2) for the purpose of section 6(g)(i) of the Principal Act, the information and documents referred to in Regulation 28 of the Principal Regulations shall be provided with an application by a Trusted Partner for the grant of a General Employment Permit.

Remuneration documentation required for application for renewal of Intra-Company Transfer Employment Permit

14. In addition to the information, documents and evidence prescribed in Regulation 9(2), the documentation referred to in Regulation 36 of the Principal Regulations shall be provided with an application by a Trusted Partner for the renewal of an Intra-Company Transfer Employment Permit.

Documentation and information required for grant of Contract for Services Employment Permit

15. Where a notice of offer of employment has, in accordance with section 10A of the Principal Act, been required to be published, in addition to the information and documents prescribed under Regulation 8(2) for the purpose of section 6(g)(i) of the Principal Act, the information and documents referred to in Regulation 41(b) of the Principal Regulations shall be provided with an application by a Trusted Partner for the grant of a Contract for Services Employment Permit.

Remuneration documentation required for application for renewal of Contract for Services Employment Permit

16. In addition to the information, documents and evidence prescribed under Regulation 9(2), the documentation referred to in Regulation 44 of the Principal Regulations shall be provided with an application by a Trusted Partner for the renewal of a Contract for Services Employment Permit.

Documentation required for grant of Reactivation Employment Permit

17. In addition to the information and documents prescribed under Regulation 8(2), an application by a Trusted Partner for the grant of a Reactivation Employment Permit shall be accompanied by the evidence referred to in Regulation 49 of the Principal Regulations.

Documentation required for grant of Exchange Agreement Employment Permit

18. In addition to the information and documents prescribed under Regulation 8(2), an application by a Trusted Partner for the grant of an Exchange Agreement Employment Permit shall be accompanied by the documentation referred to in Regulation 54 of the Principal Regulations.

Documentation required for grant of Internship Employment Permit

19. In addition to the information and documents prescribed under Regulation 8(2), an application by a Trusted Partner for the grant of an Internship Employment Permit shall be accompanied by the documentation referred to in Regulation 62 of the Principal Regulations.

Regulations 4 and 6

Schedule 1

Forms — Trusted Partner Registration

Form A

Application form for Trusted Partner Registration

Form B

Application form for renewal of Trusted Partner Registration

Regulations 8 and 9

Schedule 2

Forms — Trusted Partner Employment Permit Applications

Form A

Application form for grant of Critical Skills Employment Permit

Form B

Application form for grant of Dependant/Partner/Spouse Employment Permit

Form C

Application form for grant of General Employment Permit

Form D

Application form for grant of Intra-Company Transfer Employment Permit

Form E

Application form for grant of Contract for Services Employment Permit

Form F

Application form for grant of Reactivation Employment Permit

Form G

Application form for grant of Exchange Agreement Employment Permit

Form H

Application form for grant of Sport and Cultural Employment Permit

Form I

Application form for grant of Internship Employment Permit

Form J

Application form for renewal of Dependant/Partner/Spouse Employment Permit

Form K

Application form for renewal of General Employment Permit

Form L

Application form for renewal of Intra-Company Transfer Employment Permit

Form M

Application form for renewal of Contract for Services Employment Permit

Form N

Application form for renewal of Reactivation Employment Permit

Form O

Application form for renewal of Sport and Cultural Employment Permit

GIVEN under my Official Seal,

5 May 2015.

RICHARD BRUTON,

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 set down the application process for a person who will make an offer of employment, an employer, a connected person or an EEA contractor to apply to the Minister for Trusted Partner Registration and set out prescribed forms for such applications. Furthermore, they prescribe the forms that are to be used by Trusted Partners, in cases where a person who has made an offer of employment, an employer, a connected person or an EEA contractor has Trusted Partner status, to apply for the different classes of employment permits. In addition, they set down the information and documentation which must accompany such applications.

These Regulations may be cited as the Employment Permits (Trusted Partner) Regulations 2015.

1 OJ No. L 191, 28.5.2004, p. 1.