In February 2013, the Irish Government announced proposals to increase the number of employment permits issued in order to attract more applications from highly skilled employees specifically in respect of the ICT sector. Minister for Jobs, Enterprise and Innovation Richard Bruton (the "Minister") stated that "it has been shown that there is a significant shortage of skilled employees in Ireland particularly in the Information Communications and Technology ("ICT") sector". He added that "the Department of Jobs, Enterprise and Innovation (the "Department") is continuously examining ways in which our employment permits regime can be improved so as to ensure that Ireland remains competitive in attracting investments and jobs from companies in the ICT sector."

Action Plan for Jobs 2013

The Action Plan for Jobs 2013 (the "Action Plan") published by the Department in February 2013 outlines a number of proposed improvements to the employment permits regime. The Action Plan states that it is the Government's ambition to increase the attractiveness of the employment permits scheme in Ireland resulting in 700 additional permits for the ICT sector in 2013. The Government proposes to achieve this in the following ways:

  • Expanding the economic sectors for employment permits applications to allow for ICT professionals in all sectors of the economy;
  • The introduction of a unified employment permits application e-form resulting in greater accuracy and better quality of data;
  • Updating the application criteria for employment permits in order to reduce processing times by 33%;
  • Considering the development of a 'trusted partner' registration system which will provide for the preregistration of prospective employers which will speed up the processing of applications. This will remove the need for duplicates of employers' credentials with each permit application and provide greater clarity to employers in terms of the permit application process;
  • Reducing the wage threshold limit, where appropriate, for work permits in key skills area, such as ICT graduates and technical sales with foreign language skills;
  • Aligning and updating the employment permits regime on an on-going basis with the findings of the Expert Group on Future Skills Needs, industry feedback and labour market trends;
  • Simplifying the labour market needs test. Under the current system, a new application for a work permit must be accompanied by documentary evidence that a labour market needs test has been carried out. The test requires that the vacancy must have been advertised with the FÁS/EURES employment network for 8 weeks and in local and national newspapers for 6 days. It is proposed that this process will be overhauled;
  • Assessing the case for expansion of the eligibility of residency permissions under the employment permits schemes;
  • Developing a communications campaign in order to present clear options regarding the available entry channels into Ireland, i.e. employment permit vs. visa;
  • Improving information on the Departments website to better explain the employment permits system and the supporting policies and procedures;
  • Streamlining the appeals process and reducing the number of appeals;
  • The Department has committed to delivering an interim review of the employment permits scheme across all categories with a particular emphasis on ICT and to review the outcome of the proposed improvements; and
  • The Department has highlighted the possibility of enacting employment permits legislation in order to provide for more flexibility and targeted instruments in support of the economy's evolving skills needs.

Recent Updates

On 10 April 2013, the Minister reiterated his commitment to reforming the employment permits regime and repeated his target to increase at least 700 additional employment permits in the ICT sector in 2013, an increase of 50%. The Minister also stated that the 33% decrease in typical application processing times would occur by June 2013. In addition, a reduction in the application backlog from 5 weeks to 3 weeks was also envisaged by June 2013.

In tandem with the Minister's announcement on 10 April 2013, the Department outlined a set of primary changes to the employment permits system on its website. These changes will be made effective for all employment permit applications received by the Department from 10 April 2013 onwards. The document also states that any applications received by the Department before 10 April 2013, which have yet to be processed, will be processed in line with the revised rules which are designed not to disadvantage such applications. The primary changes implemented on 10 April 2013 include:

  • The Highly Skilled Occupations List (previously referred to as 'eligible occupations list for Green Cards') has been broadened and updated to correlate with known shortages of key skills in the labour market. Eligibility in respect of a particular job title, for example an IT Systems Manager, is no longer confined to a particular sector and highly skilled eligible occupations are now permissible across all sectors;
  • In line with the Action Plan, the labour markets needs test has been simplified. The requirement to advertise with FÁS/EURES employment network has been reduced from 8 weeks to 2 weeks and the requirement to advertise in a national newspaper has been reduced from 6 days to 3 days. The requirement to also advertise in a local newspaper for 3 days can now be fulfilled by advertising on a job's website for 3 days;
  • The Ineligible Categories of Employment for Employment Permits List of occupations has been updated to cater for shortages in relation to certain occupations;
  • The employment permits applications forms have been amended to reduce the requirements to submit additional documentation. The Department has stated that in conjunction with this change, there will be greater focus on the random checking of employment permits by the National Employment Rights Authority ("NERA") to ensure adherence to the relevant legislation;
  • An initiative has been taken by the Department and the Department of Justice and Equality to provide a more coherent service across both the employment permits regime and the visa regime to allow applicants eligible for Highly Skilled Occupations to apply for an employment permit, whilst already legally residing in the State;
  • Current holders of ICT permit holders and Contract Service Provider permits holders can now apply for other types of employment permit subject to the normal application criteria whilst legally resident in the Country;
  • As provided for in the Action Plan, the remuneration threshold is reduced from the current €30,000 per annum to €27,000 per annum in respect of applications for Work Permits for IT graduates of foreign colleges and for technical or sales support roles with non-EEA language requirements;
  • Income requirements will be based on remuneration rather than salary for all types of employment permits however items of remuneration must be clearly demonstrated on payslips or P60s;
  • In line with the Action Plan, the appeals process will be more efficient and transparent. Instead of reviewing an application afresh, an appeal will only reference the stated reasons for a refusal provided in a decision to refuse; and
  • The Employment Permits Section of the Department has committed to speeding up processing by at least 10 days.

Further changes envisaged over the next six months include:

  • The use of a single employment permits application form;
  • Migration of employment permit website information to a new platform with better information links to the relevant aspects of the Department of Justice and Equality's visa regime;
  • New Department of Justice and Equality pilot initiatives to be announced in Summer 2013; and
  • Expanding the availability of the Department customer care services both online and the telephone customer call centre.

Conclusion

The expansion of the employment permits regime has been identified as a key facet of the Irish Government's Action Plan to create 100,000 jobs by 2015. The changes announced on 10 April 2013 have been broadly welcomed. We will be watching the changes closely to see if they have the desired impact.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.