Exciting developments are on the horizon for employment permit holders in Ireland! The latest Employment Permits Act 2024 introduces key changes that enhance flexibility and career progression opportunities for permit holders. These changes are designed to improve job mobility, protect workers from exploitation, and enable them to advance their careers more easily.
1. Change of Employer – GEP and CSEP Holders
The 2024 Act introduces a significant provision allowing certain employment permit holders to change their employer after just nine months, compared to the twelve-month requirement. This flexibility is available for holders of the General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP).
General Employment Permit (GEP) Holders: After nine months, GEP holders can switch to another employer within the same type of employment, as specified by the 4-digit SOC code on their original permit. For example, a meat processing operative can move to another role within the meat processing industry.
Critical Skills Employment Permit (CSEP) Holders: CSEP holders benefit from greater flexibility and can transition to different employers across a broader range of occupations, identified by the 3-digit SOC code. For example, an engineer can shift to a new engineering role, which must also be on the Critical Skills Occupations List.
This provision eliminates the need for permit holders to apply for a new permit when changing employers, provided the movement is within the same occupation or occupation classification. The permit must be in force and remain valid for at least two months when applying for the change, ensuring continuity and stability for both employers and employees.
Key Conditions for Changing Employers:
Application Limit: Permit holders can apply to change employers a maximum of three times.
Employment Contract: A new contract of employment, signed by both the new employer and employee, must be submitted with the application.
Commencement of New Employment: The employee must begin work with the new employer within one month of issuing the new permit. It's important to note that the new employment cannot commence until the new permit is reissued.
Labour Market Needs Test (LMNT) Exemption
Unlike applications for new permits, there is no requirement to conduct a Labour Market Needs Test before a permit holder applies to change their employer. This exemption streamlines the process, allowing permit holders to transition to similar roles without unnecessary delays, as the occupation has already been tested in the domestic and EEA labour market.
2. Career Progression and Internal Transfers
The Act also introduces provisions to improve permit holders' career progression and job stability. Permit holders who receive a promotion or transfer within the same company, where the new role utilizes the same skill set, are no longer required to apply for a new employment permit. This amendment reduces administrative burdens and helps prevent accidental non-compliance with employment permit legislation.
Upon renewal, the situation will be assessed based on what would have previously required a change of employment permit. This change is designed to ease the administrative process for companies and permit holders, enabling smoother transitions within the same organization.
3. Permit Cancellation and New Employment
To ensure clarity and compliance, the Act mandates that upon the grant of a new employment permit, any other existing permit for the foreign national will be cancelled. The employee must commence their new employment within six months of the permit being granted or coming into force. This provision ensures that only one valid permit is in place at any time, preventing overlap and potential legal issues.
Why These Changes Matter:
These provisions are part of a broader effort to create a more dynamic, flexible, and inclusive labour market in Ireland. By enabling workers to change employers and advance in their roles more easily, the Employment Permits Act 2024 improves job satisfaction and worker rights and aligns talent with the evolving needs of the economy.
These reforms reinforce Ireland’s commitment to being a destination of choice for skilled workers, offering flexibility and stability.
Need Help?
If you have questions about your current work permit type or need assistance with the application process, we're here to help! Contact Future Direct, one of Ireland’s leading immigration consultancy firms, providing expert services to both corporate and individual clients. Call us today at +353 872400433 or email us at info@futuredirect.ie. Our team is ready to assist you with all your immigration needs and answer any questions.
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