Immigration Update: public consultation on the review of the occupations lists for employment permits

On 26 June 2023, the Department of Enterprise, Trade and Employment (DETE) launched a review of the Critical Skills Occupation List and Ineligible Occupations List for employment permits.

The DETE has invited employers and other stakeholders to share their views and observations on the relevant occupations lists, in particular, where it is felt there may be skills shortages/labour shortages in a particular sector or certain occupations where there may be a skills or labour surplus in a particular sector.

Employers who wish to make submissions with respect to the above areas are encouraged to include any relevant information or factors in their submissions which they believe impact recruitment in their sector, for example:

  • data on the skills or labour shortages
  • information on recruitment efforts undertaken
  • retention difficulties
  • relevant training incentives
  • impact on business
  • expansion plans
  • any other evidence or data such as industry surveys or reports and views within the sector

Submissions opened on Monday 26 June 2023 and must be made using the prescribed form, available here by 5pm on Friday 18 August 2023.

By way of overview, the Irish employment permits system is administered by the DETE and was developed to facilitate the employment of non-EEA nationals in roles where there may be a labour shortage or skills gap in Ireland and/or where an employer cannot find an Irish or EEA national to perform the role.

Critical Skills Employment Permit

The Critical Skills Employment Permit (CSEP) is a highly sought-after employment permit in Ireland and is designed to aid employers who wish to attract highly skilled and talented workers to relocate to Ireland. Amongst other general criteria for employment permit applications, roles with a minimum job offer of 24 months and a minimum salary of €32,000 and which fall under the Critical Skills Occupations List are eligible to apply for the CSEP. Roles with a minimum job offer of 24 months, which do not fall under the Critical Skills Occupations List but have a minimum salary of €64,000 may also be eligible for the CSEP.

The CSEP is also highly sought after due to the associated immigration and residency permissions. CSEP holders enjoy immediate family reunification, with their spouses obtaining the right to work in Ireland without their own employment permit, subject to successfully registering for Stamp 1G permission with the Irish Immigration Service. In addition, once a CSEP holder has completed 20 months employment in Ireland under their CSEP, they may apply to the DETE for a Stamp 4 Support Letter. If successful, they may apply to the Irish Immigration Service to register for Stamp 4 permission which allows them to work and reside in Ireland without an employment permit.

Ineligible Occupations List

Occupations included on the Ineligible Occupations List are occupations in respect of which there is evidence that there are more than enough Irish/EEA workers available to fill such vacancies, and therefore an employment permit shall not be granted in Ireland.

Other Employment Permits

There are a number of additional employment permit categories in Ireland, all administered by the DETE. ALG’s Corporate Immigration team regularly assist clients with a variety of employment permit applications in addition to the CSEP, most notably the General Employment Permit which is designed to cater for roles which are not on the Critical Skills Occupation List or Ineligible Occupations List, and the Intra-Company Transfer Employment Permit which is designed to facilitate the transfer of senior management, key personnel or trainees who are non-EEA nationals from an overseas branch of a multinational corporation to its Irish branch.

The Intra-Company Transfer Employment Permit is particularly beneficial to multinational clients establishing a presence in Ireland who wish to have their newly established Irish business benefit from the knowledge and experience of senior HQ employees, whilst remaining on the payroll of the parent company.

ALG’s Corporate Immigration team advises clients on all aspects of Irish immigration law. The team manages and assists clients with their corporate immigration and global mobility requirements. For more information please contact Colm Byrne, Solicitor or Noeleen Meehan, Partner.

Date published: 27 June 2023.