Ireland: New Employment Permit Type, Labour Market Testing Improvements and Change of Employer Rules Forthcoming

Seasonal employment permit. 

• • A new Seasonal Employment Permit for the employment of foreign national seasonal workers by approved seasonal employers will soon be available. Currently, Ireland does not have an equivalent work permit for seasonal workers.  
  • The permit will apply to ‘seasonally recurrent’ work that will occur for specified periods in the year (still to be defined in separate regulations) for between three to seven months. 
  • To be eligible to make such applications, employers will first need to receive government approval.
  • Applications for a Seasonal Employment Permit may be refused if the employer fails to arrange adequate accommodation or health insurance for the employee. 

• • This permit will provide employers with a new pathway to source seasonal talent, which is expected to benefit the horticulture and food production sectors. 
  • Currently, employers are either unable to source seasonal foreign workers or instead must rely upon alternative  immigration pathways, which are often more expensive or administratively challenging.

Digitised labour market testing processing.

Labour market testing in newspapers will no longer be required. Rather, such advertisements will only need to be placed on approved online platforms. Further details about eligible online platforms are to be clarified in future regulations. 

Employer are likely to benefit from more efficient labour market testing processes (as well as reduced costs).

Change of employer processes eased.

• • • Amending employer:
      • General Employment Permit or Critical Skills Employment Permit holders will be able to apply to amend their employer, provided that their permit has at least two months validity remaining. Currently, such permit holders cannot amend their employer. Rather, they have to make an entirely new employment permit application. 
      • Seasonal Employment Permit holders will be able to apply to amend their employer, provided that their permit has three weeks validity remaining. 
      • Such requests may be refused if the new role is different from the preceding role, among other reasons. 
    • 12-month rule. The rule that disallows employees from applying for another employment permit until they complete 12 months under the first employment permit, will be modified to be between six to 12 months, depending on regulations (which are yet to be determined).

• • These changes may increase the attractiveness of Ireland for foreign workers, given the greater capacity for permit holders to flex with changing labour market conditions and opportunities.
  • However, as the rules make it easier for foreign workers to change employers, businesses may find themselves facing a weaker negotiation position vis-à-vis foreign staff.