Employment Permits Act 2024

• Permanent Page URL

Redundancy of general employment permit holder

45. (1) This section applies to a foreign national to whom a general employment permit has been granted and who is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

(2) Without prejudice to section 43 , a foreign national to whom this section applies shall notify the Minister of the date of dismissal within a prescribed period of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 50 and include the information and documents specified in section 46 .

(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which a general employment permit was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 12 in respect of the foreign national to whom this section applies within 6 months of the date of dismissal of that foreign national and such application shall be for a general employment permit for—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that—

(i) is specified in regulations under section 47 as an employment for which a general employment permit may be granted, or

(ii) is not an employment that is specified in such regulations as an employment for which a general employment permit shall not be granted or falls within a category of employment for which such an employment permit shall not be granted.

(4) Where—

(a) on the date an application referred to in subsection (3) is made the type of employment referred to in subsection (3)(a) is specified in regulations under section 47 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, and

(b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted was a dismissal by reason of redundancy,

the application may be made in respect of that employment by a foreign national to whom this section applies notwithstanding that the employment is an employment, or falls within a category of employment, that is specified in regulations under section 47 as an employment, or category of employment, for which an employment permit shall not be granted.

(5) Notwithstanding section 32 (7) the Minister may, subject to subsection (6), grant, under section 19 , an employment permit for an employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

(a) section 32 (7) shall apply to any other provision or requirement specified in regulations under section 47 , that is required to be satisfied, and

(b) section 47 shall, in respect of such grant under section 19 , apply in respect of any other provision or requirement specified in regulations under section 47 that is required to be satisfied.

(6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted.

(7) Having regard to the consideration under section 18 of an application referred to in subsection (4)—

(a) the provisions of any regulations referred to in section 18 (6), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and

(b) section 18 (6) shall apply in respect of a provision or requirement of regulations under section 47 , other than the provision referred to in subsection (4).

(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

(9) Without prejudice to section 46 , a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to be satisfied that the dismissal of the foreign national was a dismissal by reason of redundancy.