Last Updated on August 9, 2024
Insights from Aaron Flynn: Envoy Global’s Director of Immigration, Ireland
Welcome to the Ireland Immigration Briefing with Aaron Flynn, where we dive into the latest on Ireland immigration policies and updates! In this month’s briefing, Flynn offers his insights on the latest immigration updates and changes in Ireland.
Ireland has introduced several significant immigration policy changes over the past six months, impacting both employers and employees. Immigration is a hot topic globally, including in Ireland and the European Union, due to the pressures faced by Irish authorities in managing increasing numbers of international protection applicants.
Ireland’s housing shortage and the influx of applicants are straining resources, necessitating new government policies to manage and plan for the future. Despite these challenges, the government has made positive strides in addressing the situation. Improvements for immigrant residents, such as granting the right to work for General Employment and Intra-company Transfer permit holders, have been implemented.
Summary of Changes
- Changes to the Stamp 4 Process for Critical Skills Employment Permit holders.
- Increased salary thresholds for employment permits.
- Amendments to the occupation lists and increases to quota-based employment permits.
- Introduction of Right to Work Permission (Stamp 1G) for General Employment Permit and Intra-Company Transfer Employment Permit holders.
- Extension of online immigration registration for Wicklow, Kildare and Meath.
- Commitment to introduce Single Permit Directive.
- Requirement for wet-ink signed contracts for employment permit applications.
- Government announcement that Workplace Relations Commission will ramp up Employment and Immigration inspections.
- General immigration news.
Effective November 30, 2023, the Department of Enterprise, Trade & Employment (DETE) and Immigration Service Delivery (ISD) have updated the process for Stamp 4 applications for Critical Skills Employment Permit (CSEP) holders. The main change is that the application must now be submitted as part of the residence permit renewal and requires 21 months of employment on Stamp 1 and CSEP. This means some employees might need a second CSEP if they haven’t completed 21 months of employment, particularly for visa- required nationals whose visa processing delays may affect their permit duration. Additionally, employees who have changed employers or had employment gaps must manage their immigration registration carefully to maintain their right to work.
| Employment Permit Type | Current Thresholds | Jan ’24 | Jan ’25 Indicative rates* | July ’25 | Jan ’26 |
| General | €30,000 | €34,000 | €39,000 | ||
| Meat Processing / Horticulture | €22,916 | €30,000 | €32,000 | €34,000 | €39,000 |
| Healthcare Assistant / Home Carer | €27,000 | €30,000 | €34,000 | €34,000 | €39,000 |
| Graduate Positions; Language Skills Specialist | €27,000 | €34,000 | €39,000 | ||
| Butcher / Boner | €27,500 | €34,000 | €39,000 | ||
| Critical Skills with a degree | €32,000 | €38,000 | €44,000 | ||
| Critical Skills without a degree | €64,000 | no change | no change | ||
| Intra-Company Transfer (Trainee) | €30,000 | €34,000 | €39,000 | ||
| Intra-Company Transfer | €40,000 | €46,000 | €53,000 | ||
| Contract for Services | €40,000 | €46,000 | €53,000 |
The salary increase for the meat and horticulture industries is a positive development, as employees in these lower-salaried roles have struggled with the rising cost of living in Ireland. The new €30,000 salary threshold means these roles may now meet the minimum required for family reunification sponsorship. The increased threshold for ICT positions is unlikely to have a significant impact since most ICT needs are in management and key personnel roles, which already command higher salaries.
However, the higher salary requirements for degree holders in Critical Skills Employment Permits could pose challenges. Employers often find well-educated candidates with minimal experience, leading to entry-level salaries. As a result, some of these employees may now qualify only for the General Employment Permit, with a more affordable salary threshold of €34,000. This change necessitates careful consideration from employers to adapt to the new requirements.
Amendments to the Occupation Lists and Increases to Quota-Based Employment Permits
Removal of Occupations from the Ineligible List of Occupations
- Residential Day and Domiciliary Case Managers – in Disability Services
- Play Therapist – in Disability Services
- Genetic Counsellor
- Social Care Worker
- Family Support Workers – in Disability Services
- Project Offices, Disability
- Support Worker (social, community, public and charity)
- Guide Dog Mobility Instructor for the Visually Impaired
- Autism Assistance Dog Instructor
- Pig Managers
- Smiths and forge workers
- Moulders, core makers and die casters
- Metal plate workers and riveters
- Car mechanic, Motor mechanic, Auto electrician, Motor vehicle technician
- HGV mechanic
- Vehicle body builders and repairers/Body shop panel beaters
- Electrician, electrical contractor, electrical engineer
- Vehicle paint technician
- Skilled metal, electrical and electronic trades supervisors
- Upholstery and furniture operatives
- Butchers/(de)boner
- Baker
- Furniture makers and other craft woodworkers
- Senior Care Workers – in Disability Services
- Textile Process Operatives
- Wood Machine Operatives
- Saw Doctor/Wood Machine Mechanic
- Armature Rewinder
- Pig Farm Assistants
- Specality Forestry Harvesting Technician
Addition of Occupations to the Critical Skills Occupations List
- Professional Forester
- Resource modelling, earth observation and data analyst
- Meteorologist
- Operational Forecaster
- Chemical Engineer
- Project Engineer
- BIM Manager
- Optometrist (Ophthalmic Optician)
- Commercial Manager
- BIM Coordinator/Technician
- Estimator
Increases to Quotas for Specific Employment Permits
- 1,000 GEPs for meat processing operatives
- 350 GEPs for butcher/deboners
- 350 GEPs for dairy farm assistants
- 1,000 GEPs have been provided for horticultural workers to support the sector until the introduction of the Seasonal Employment Permit*
The addition to the Critical Skills Lists and removal of occupations from the Ineligible list will be well received by employers. As always, the amendments to these lists are based on submissions from industry with data to evidence the requests and the changes are based on requirements. Employers who struggle to fill in ineligible roles can submit data based on this in occupation list annual reviews, which will then be considered and lead to these amendments. Envoy Global’s Ireland office assists clients with these submissions.
The quota-based amendments have also been well received as these roles are consistently required.
Employment Permits Bill 2022
This Bill reached the ‘Final Stage’ on May 28, 2024, and has now been signed into law by the President. The Act will be commenced into law in due course. Critical aspects of the Bill include:
- Approved Seasonal Employer: Employers wishing to hire foreign nationals under a seasonal employment permit must apply annually for approval. This status allows employers to seek seasonal employment permits on behalf of employees, replacing the quota-based horticultural workers mentioned earlier.
- Mandatory and Discretionary Grounds for Refusal: The Minister must reject applications for roles made redundant in the previous six months and for companies not engaged in substantive business operations or not registered with the tax authorities. Discretionary grounds for refusal include the employer’s convictions for employment permit offenses, the employee’s working illegally, or fraudulently misrepresenting any matter. The seasonal permit may also be refused if the employer has not provided agreed accommodation or medical insurance for employment-related injuries.
- Change of Employer: Holders of general or critical skills employment permits will be able to change employer after 9 months rather than after 12 months as is position currently.
- Labour Market Testing: The requirement to advertise a job role in a national newspaper will be removed. There will be a requirement to advertise the role on two online platforms, one of which is EURES which is called JobsIreland.ie in Ireland. The exact details of what the labour market needs must cover will be specified in detail later by Regulations. This will include the information, process and duration of the advertisement. Currently labour market testing must run for 28 days.
- Renewals: Renewals can be refused if the person was not employed in the position for which the permit was granted, was not paid in compliance with the original license, or spent periods outside the State not connected with employment (three months for most permits and one month for the Seasonal Permit).
- Prohibition on Agency and Subcontracting: There is a general prohibition on transferring employment permits or using them to enter into a contract of employment other than the one for which the permit was granted. This section requires careful consideration by employers involved in contracting services or personnel to clients.
- Penalties and Offenses: Employers and, in some cases, company officers may face penalties like those in existing laws, including up to 10 years in prison and €250,000 in fines.
- Approved Seasonal Employer: Employers wishing to hire foreign nationals under a seasonal employment permit must apply annually for approval. This status allows employers to seek seasonal employment permits on behalf of employees, replacing the quota-based horticultural workers mentioned earlier.
Introduction of Right to Work Permission (Stamp 1G) for General Employment
From 15 May 2024, eligible spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders who have already received family reunification will now receive a Stamp 1G permission instead of a Stamp 3. This allows them to work without needing a separate Employment Permit. Additionally, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement, currently on a Stamp 3, are also eligible for a Stamp 1G.
It’s important to note that this announcement applies only to those already granted family reunification and does not extend to those not yet in the State. Spouses of General Employment Permit holders must wait for 12 months before they can apply for a visa, and processing times can often be lengthy. However, spouses of Intra-Corporate Transfer Employment Permit holders can join their spouses immediately.
This change represents a significant advancement for spouses of employment permit holders. It is expected to enhance Ireland’s appeal as a destination for overseas workers seeking long-term opportunities and options for permanent settlement.
Commitment to Introduce Single Permit Directive
The government has announced it will take several key actions to increase Ireland’s competitiveness in attracting the skills and talent the economy needs. This includes enabling all eligible spouses and partners of employment permit holders to work if they are already in the State and are granted permission to live in Ireland with their family members.
They also include an agreement to begin rolling out a single permit to work and live in Ireland. Implementing a single permit will eventually allow Ireland to opt into the EU’s Single Permit Directive.
These measures will significantly enhance Ireland’s ability to compete internationally, attract talent, address skills shortages in our economy, and promote economic growth.
Changes to Visa Required Nationals
Ireland has stated that nationals of South African and Botswana will need a visa from 10 July 2024. This is intended to align the Irish requirements more closely to those in the Schengen and the United Kingdom.
Changes to Contractual Requirements
The Employment Permits Department has commenced requesting that employment contracts be wet-ink signed by one party. Electronically signed (e-signed) contracts have been accepted for many years and are indeed valid and legally enforceable contracts. The Employment Permits Department would not provide any reasons for commencing this request. This is an additional burden for companies and employees for whom a printer and wet-ink signing is difficult.
General Immigration News
- Increased border checks between Northern Ireland and Ireland.
- Increased workplace inspections announced by the Government. These are expected to ramp up in 2024.
- Ireland considering opting into the Common European Asylum System (CEAS).
Online Registration
The residents of Kildare, Wicklow and Meath can renew their immigration permissions online, like those in Dublin. This is a trial for the eventual rollout of online renewals to the whole country, but while solving problems for some, it will exacerbate the delays in other regional centres such as Cork and Limerick (which can have months-long delays for a renewal appointment).
Temporary Protection and Ukraine
The EU looks poised to extend the Temporary Protection Directive to March 2026. Ireland has indicated that from 5 June 2024, the temporary measures that allowed Ukrainian nationals to travel to Ireland without a valid biometric passport will cease to be in effect. All third-country nationals, including Ukrainians, who travel to Ireland must have a valid passport.
Summary
The last six months have witnessed seismic changes in immigration in Ireland. Some of the changes have been years in the making and are very positive, such as the right to work for spouses with employment permits and the extension of online registration. There are problems yet to be solved. What is also very clear is that compliance, workplace inspections and overhaul of the current Irish regime will need to be monitored and managed closely by employers in Ireland over the next 6-12 months.
Partnering with Envoy Global ensures your immigration program stays informed and compliant with the latest policy changes. We are here to help you proactively approach your immigration needs.
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This blog was prepared in collaboration with Aaron Flynn, Director of Immigration, Ireland, of Envoy Global’s EMEA immigration team. Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such.
For additional information on the issues discussed, consult an attorney at Corporate Immigration Partners, P.C., or another qualified professional of your choosing. On non-U.S. immigration issues, consult your Envoy representative, or another qualified representative of your choosing.
