Ireland Revamps Immigration Rules To Fill Skills Gap

by Jason Gorringe, Tax-News.com, Ireland

01 February 2007

New economic migration and employment permit arrangements for workers outside of the European Economic Area will come into effect in Ireland from today (February 1).

Speaking at the launch of the new scheme, Minister for Enterprise, Trade and Employment, Micheal Martin said that the changes are designed to ensure that Ireland continues to have a skilled workforce to meet its future employment needs.

The four categories of permits that have been introduced include: the Green Card Scheme; the Work Permit; the Intra Company Transfer Permit; and Spousal and Dependant Permits. The Employment Permits Act passed by the Oireachtas last year, together with the Employment Permits Act 2003, provide the statutory basis for the new schemes.

The Green Card scheme, introduced for the first time in Ireland, is aimed at occupations where the country has "strategically important high level skills shortages," such as in the Information and Communications Technology, Health Care, Construction, Engineering, Financial Services and Research sectors. The scheme is available for an extensive list of occupations with annual salaries of EUR60,000 (US$77,630) and above, and for a specified list of occupations with salaries between EUR30,000 and EUR60,000.

No labour market test is required for the Green Card applications, so advertising with FAS/EURES and newspapers is not necessary, said Martin. Green Cards will be issued for two years initially and will normally lead to the granting of permanent or long-term residence after that. Green Card holders will also be permitted to bring their spouses and families to join them immediately. The Green Card Scheme replaces the previous Work Visa/Work Authorisation scheme, which has been discontinued.

The new Work Permit is mainly for non-Green Card occupations in the EUR30,000 to EUR60,000 annual salary range. It will only be granted in exceptional circumstances for occupations with salaries below EUR30,000. In order to establish that vacancies which are the subject of Work Permit applications cannot be filled by Irish or other European nationals, as required by our EU `Community preference’ obligations, they will be the subject of a "rigorous" labour market needs test. This test will include both advertising with FAS and the European Employment Services, or EURES, and in local and national newspapers. Work permits will be granted initially for a period of 2 years, and then for a further period of up to 3 years.

The new Intra-Company transfer scheme is aimed at trans-national senior management, key personnel and trainees, and will allow multi-national companies to transfer these types of staff between branches in different countries, or to transfer staff with particular skills, knowledge and expertise here on a temporary basis in a start-up situation. These permits will only be available for those with annual salaries above EUR40,000 who can clearly show that they fit into one of these three categories and who have been with the sending company for one year. Intra-Company permits will be for a period of two years initially, with the possibility of an extension for up to a further three years. No labour market needs test will be required in respect of Intra-Company Transfer applications.

The new Spousal/Dependant Work Permit which will allow the spouses and dependants of Employment Permit holders who are entitled to reside here to apply for Work Permits. This will allow the spouses and dependants of work permit holders to help support their families. These applications will not require a labour market needs test and may be in respect of any occupation in the labour market.

The new immigration rules will also allow graduates from non-European Economic Area (EEA) countries who studied in Ireland to apply to the Irish Naturalisation and Immigration Service to remain in Ireland for six months after they have received their examination results. This will allow them time to seek employment and to apply for a Green Card or Work Permit.

“There is no doubt that we have great diversity in our labour force with 9% of our workers coming from abroad. These workers have helped develop our economy by filling short term high skill gaps," Martin commented.

“It is important that we now adapt our procedures for the future. What we are introducing is a system that can respond quickly to the needs of the Irish economy," he added.

The minister concluded that ensuring the rights of employees in Ireland is a key part of the new system and will help safeguard the rights of all workers.

The work permit scheme is part of a three-pronged labour market policy which also includes spending EUR390 million in 2007 on 'upskilling' Ireland's workforce and filling the country's skills gap by recruiting from within the EEA. Martin said that the new permit system will also be subject to regular review.

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