Employment Permits Act 2006

AN ACT TO PROVIDE FOR THE GRANT OF EMPLOYMENT PERMITS TO CERTAIN FOREIGN NATIONALS FOR THE PURPOSE OF PERMITTING THEM TO BE IN EMPLOYMENT IN THE STATE, TO ENABLE THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT TO MAKE, HAVING HAD REGARD TO CERTAIN CRITERIA, REGULATIONS IMPOSING A LIMIT ON THE NUMBER OF SUCH PERMITS THAT MAY BE GRANTED IN A PARTICULAR PERIOD AND IMPOSING CERTAIN OTHER RESTRICTIONS WITH REGARD TO THE GRANT OF SUCH PERMITS, TO OTHERWISE REGULATE THE EMPLOYMENT OF CERTAIN FOREIGN NATIONALS IN THE STATE AND PROVIDE CERTAIN PROTECTIONS FOR FOREIGN NATIONALS IN EMPLOYMENT IN THE STATE, TO AMEND THE EMPLOYMENT PERMITS ACT 2003 AND TO PROVIDE FOR RELATED MATTERS.

[23rd June, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Interpretation. (Act Repealed)

1.—(1) In this Act—

F1["Act of 1963" means the Registration of Business Names Act 1963;

"Act of 1967" means the Redundancy Payments Act 1967;

"Act of 1997" means the Taxes Consolidation Act 1997;]

"Act of 2003" means the Employment Permits Act 2003;

F1["Act of 2010" means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

"application" means an application under section 4;

F2[…]

“citizen” means an Irish citizen within the meaning of the Irish Nationality and Citizenship Act 1956;

F1["civil partner" means a civil partner within the meaning of the Act of 2010;

"civil partnership registration" has the meaning assigned to it by the Act of 2010;

"connected", in relation to the connection between a connected person and a foreign employer, means—

• (a) the connected person is a subsidiary of the foreign employer,

• (b) the foreign employer is a subsidiary of the connected person,

• (c) the connected person and the foreign employer are both subsidiaries of a holding company that carries on business in the State or outside the State, or

• (d) the connected person and the foreign employer have entered into an agreement with another person whereby each of them agree to carry on business or provide services with each other in more than one state and to carry on business or provide services in the manner provided for in the agreement;

"connected person" means a person carrying on business in the State who is connected to a foreign employer;

"contractor" shall be construed in accordance with section 2(1A)(b) of the Act of 2003;

"contract service agreement" means the agreement referred to in section 2(1A)(b) of the Act of 2003;

"date of dismissal", in relation to a foreign national who is dismissed by reason of redundancy, has the meaning assigned to it by section 2 of the Act of 1967;

"dependant" means a foreign national who—

• (a) has been determined by the Minister for Justice and Equality to be a dependant of a primary permit holder or a research project researcher,

• (b) has, since he or she landed in the State, resided in the State on a continual basis,

• (c) is not in full-time education, and

• (d) resides with the primary permit holder or the research project researcher referred to in paragraph (a);

"Directive 2005/71/EC" means Council Directive 2005/71/EC ¹ of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research;

"dismissed by reason of redundancy" means—

• (a) the dismissal by an employer from employment within the meaning of section 9 of the Act of 1967, and

• (b) the dismissal is—

• (i) attributable wholly or mainly to the condition specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967, or

• (ii) a dismissal referred to in section 21 of the Act of 1967;]

“economic sector” means a sector of the economy concerned with a specific economic activity requiring specific qualifications, skills or knowledge;

“employer” means the employer (as defined in the Act of 2003) who—

• (a) employs a foreign national pursuant to an employment permit, or

F3[…]

“employment permit” means an employment permit granted under section 8;

F2[…]

F1["enactment" has the meaning assigned to it by the Interpretation Act 2005;

"enterprise development agency" means Enterprise Ireland or the Industrial Development Agency (Ireland);

"exchange agreement" means an agreement, including an international agreement to which the State is a party, that provides for the reciprocal employment—

• (a) of citizens, or certain citizens, in the state in which a contracting party is located, and

• (b) in the State, of foreign nationals, or certain foreign nationals, of a contracting party;

"foreign employer" means a person carrying on business outside the State;

"health insurance" means insurance providing for the costs and charges of medical treatment;

"health insurer" means a person entered in the Register of Health Benefits Undertakings referred to in section 14 of the Health Insurance Act 1994;]

“holder”, in relation to an employment permit, means the foreign national to whom it has been granted;

F1["holding company" has the meaning assigned to it by section 155 of the Companies Act 1963;

"medical treatment" includes medical services or medical care;]

“Member State of the EEA” means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being;

“Minister” means the Minister for Enterprise, Trade and Employment;

“national minimum hourly rate of pay” has the meaning assigned to it by the National Minimum Wage Act 2000;

“foreign national” has the meaning assigned to it by the Act of 2003;

“foreign national concerned” shall be construed in accordance with section 5 (1);

“prescribed” means prescribed by regulations made by the Minister under this Act;

F1["primary permit holder" means a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(a) —

• (a) has been granted and is in force, or

• (b) had been granted and has expired and following such expiration the foreign national has been given the permission referred to in section 2(10)(d) of the Act of 2003 to remain in the State and who is in employment in the State pursuant to the condition, referred to in section 2(10)(d) of the Act of 2003, of that permission;]

“public interest” includes—

• (a) public order and the interests of national security,

• (b) public health and safety,

• F4[(c) the need to protect and strengthen the labour market, and

• (d) supporting the economic growth of the State;]

F2[…]

F1["registered with the Revenue Commissioners" means registered with the Revenue Commissioners in accordance with regulations under section 986 of the Act of 1997;

"relevant person" means the person referred to in section 2(1A)(b) of the Act of 2003 with whom a contractor has made the contract service agreement;]

F4[“remuneration” shall be construed in accordance with section 1A;]

F1["research project researcher" means a foreign national—

• (a) who, pursuant to Directive 2005/71/EC, has been granted permission by the Minister for Justice and Equality to be in the State to carry out research pursuant to the Directive, or

• (b) who, having been granted the permission referred to in paragraph (a), has been given the permission referred to in section 2(10)(d) of the Act of 2003 to remain in the State and who is in employment in the State pursuant to the condition, referred to in section 2(10)(d) of the Act of 2003, of that permission;

"subsidiary" has the meaning assigned to it by section 155 of the Companies Act 1963.]

• (2) For the purposes of this Act, a person (the “first person”) is not, by virtue of the following contract with another (the “second person”), an employer of the second person.

• (3) That contract is one which—

• (a) provides that the second person is to do work or perform a service for a third person (whether the third person is a party to the contract or not), and

• (b) has been entered into by the first person in the course of carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971,

whether the contract is express or implied and if express, whether it is oral or in writing.

1A. F5[Definition of "remuneration" (Act Repealed)

1A.—(1) In this Act "remuneration" means—

• (a) subject to paragraph (b), the total amount of—

• (i) the salary that is paid to the foreign national, the hourly rate of which shall not be less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), and

• (ii) a payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made to a health insurer by the person who made the offer of employment,

or

• (b) in respect of an employment permit granted for the purposes referred to in section 3A(2)(d) and 3A(2)(e), the total amount of—

• (i) the salary that is paid to the foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b),

• (ii) a payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the connected person, foreign employer or contractor, and

• (iii) a payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made by the foreign employer or the connected person or both of them or by the contractor to—

• (I) a health insurer, or

• (II) a person outside the State who provides insurance for medical treatment in respect of the foreign national that has the same, or similar, effect as the health insurance provided by a health insurer.

• (2) In this Act—

• (a) references to remuneration in relation to an application for the grant of an employment permit and the consideration of such application by the Minister shall be construed as the remuneration, specified in that application, that is proposed to be paid by—

• (i) the person who has made the offer of employment in respect of which the application is made,

• (ii) in the case of an employment permit for the purpose referred to in section 3A(2)(d), the foreign employer, in accordance with section 3D and the payments in respect of the remuneration to be paid, in accordance with section 3D, by the connected person, or

• (iii) in the case of an employment permit for the purpose referred to in section 3A(2)(e), the contractor in accordance with section 3E,

and

• (b) references to remuneration after a permit has been granted shall be construed as the remuneration paid to the holder of the permit by an employer, a foreign employer in accordance with section 3D, a connected person in accordance with section 3D, or a contractor in accordance with section 3E, during the period for which the employment permit has been granted in respect of the employment for which the employment permit was granted.]

2. Amendment of section 2 of Act of 2003. (Act Repealed)

2.—Section 2 of the Act of 2003 is amended by substituting the following for subsections (1) and (2):

• “(1) A foreign national shall not—

  • (a) enter the service of an employer in the State, or

  • (b) be in employment in the State,

  except in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force.

• (1A) Subsection (1)(b) applies whether the employment concerned results from—

  • (a) the foreign national’s being employed in the State by a person,

  • (b) his or her being employed by a person outside the State (the "contractor") to perform duties in the State, the subject of an agreement between the contractor and another person, or

  • (c) any other arrangement.

• (2) A person shall not employ a foreign national in the State except in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force.

• (2A) Where a person (the ‘first person’) enters into an agreement with another person (the ‘second person’) whereby the second person agrees to cause, or arrange for, services (whether of a specific or general kind) to be rendered on behalf of the first person and either—

  • (a) it is customary in the trade or business in which the agreement is entered into, or

  • (b) the circumstances in which the agreement is entered into are such that it must reasonably have been in the contemplation of the parties to the agreement,

  that the means to be used by the second person for complying with the agreement would consist of or involve, in whole or part, the services being rendered by persons employed by a person other than the second person (and whether or not that person is in a contractual relationship with the second person) then, if those means are used, it shall be the duty of the first person to take the following steps.

• (2B) Those steps are all such steps as are reasonable to ensure, in so far as one or more of the persons so employed is or are a foreign national or foreign nationals employed in the State for the purpose of rendering those services, that that foreign national or each of those foreign nationals is employed in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force.”.

3. Further amendment of Act of 2003. (Act Repealed)

3.— The Act of 2003 is further amended—

• (a) in subsection (3) of section 2—

• (i) by inserting, after “subsection (1) or (2)”, “or fails to take the steps specified in subsection (2B)”, and

• (ii) by inserting in paragraph (b), after “subsection (2)”, “or a failure to take the steps specified in subsection (2B)”,

• (b) by substituting the following subsections for subsections (10) and (11) of section 2:

• “(10) Without prejudice to the other provisions of this Act, this section does not apply to a foreign national—

  • (a) in respect of whom a declaration under section 17 of the Refugee Act 1996 is in force,

  • (b) who is entitled to enter the State pursuant to section 18 or 24 of that Act,

  • (c) who is entitled to enter the State and to be in employment in the State pursuant to the treaties governing the European Communities (within the meaning of the European Communities Acts 1972 to 2003), or

  • (d) who is permitted to remain in the State by the Minister for Justice, Equality and Law Reform and who is in employment in the State pursuant to a condition of that permission that the person may be in employment in the State without an employment permit referred to in subsection (1),

  but this section, subject to section 2A and any order under section 3A(1) for the time being in force, does apply to a foreign national who is a national of the Republic of Bulgaria or Romania (including at a time subsequent to the accession of the Republic of Bulgaria or Romania to the European Union).

• (11) The Minister, when determining which applications for employment permits should be granted, shall give preference to each of the following, namely—

  • (a) applications in respect of nationals of a state in relation to which an order under section 3 is in force, and

  • (b) applications in respect of nationals of the Republic of Bulgaria or Romania to whom this section for the time being applies.”,

• (c) by inserting the following section after section 2:

“Supplemental provisions in relation to section 2.

2A.— (1) Notwithstanding subsection (10) of that section, section 2 does not apply to—

• (a) a national of the Republic of Bulgaria or Romania who falls within the second or third subparagraph of paragraph 2 of Annex VI of the Treaty of Accession with the Republic of Bulgaria and Romania,

• (b) a person, whatever his or her nationality, who falls within paragraph 8 of that Annex.

• (2) Irrespective of whether the person falls within the second or third subparagraph of paragraph 2 of Annex VI of the Treaty of Accession with the Republic of Bulgaria and Romania, section 2 does not apply to a national of the Republic of Bulgaria or Romania on and from the expiration of—

  • (a) unless paragraph (b) applies, 5 years from the date that the Republic of Bulgaria and Romania become members of the European Union (the ‘accession date’), or

  • (b) if at, or during the 2 months before, the end of the period of 5 years referred to in paragraph (a) an order under subsection (1) of section 3A is revoked by a subsequent order under that subsection, 7 years from the accession date.

• (3) In this section ‘Treaty of Accession with the Republic of Bulgaria and Romania’ means the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union signed at Luxembourg on the 25th day of April 2005.”,

and

• (d) by inserting the following sections after section 3:

“Non-application of section 2 to nationals of Bulgaria and Romania.

3A.—(1) Notwithstanding section 2(10), the Minister may, subject to subsection (2), make an order providing that section 2 shall apply neither to nationals of the Republic of Bulgaria nor to nationals of Romania and for so long as such an order remains in force that section shall not apply to such nationals accordingly.

• (2) The Minister shall not make an order under subsection (1) at a particular time unless, having regard to the conditions of the labour market in the State at that time, the Minister is of the opinion—

  • (a) that it is desirable in the interests of the proper functioning of the economy to make such an order, and

  • (b) that, in the 24 months following the making of the order, employment in the State is likely to become available on a continuous basis for nationals of the states referred to in subsection (1) contemplating entry into employment in the State.

• (3) An order under subsection (1) may not be revoked by a subsequent order under that subsection unless, in the opinion of the Minister, the labour market, at the time of the making of the second-mentioned order, is experiencing a disturbance or is likely thereafter to experience a disturbance.

• (4) Notwithstanding section 2(10), where an order under subsection (1) is revoked by a subsequent order under that subsection section 2 shall not apply to a national of the Republic of Bulgaria or Romania if he or she has been in employment in the State for a period of not less than 6 weeks immediately before the commencement of the second-mentioned order and has been in receipt of remuneration for such employment.

• (5) In this section—

‘disturbance’ shall be construed in accordance with the Treaty of Accession with the Republic of Bulgaria and Romania;

‘labour market’ shall be construed in accordance with the Treaty of Accession with the Republic of Bulgaria and Romania;

‘Treaty of Accession with the Republic of Bulgaria and Romania’ has the same meaning as it has in section 2A.

Non-application of certain requirement of Employment Permits Act 2006.

3B.— (1) The Minister may, subject to subsection (2), by order provide that section 10 of the Employment Permits Act 2006 shall not apply to an application for an employment permit in respect of a national of the Republic of Bulgaria or Romania and for so long as such an order remains in force—

- (*a*) that *section* *[10](#10-restriction-on-grant-of-employment-permit-act-repealed)* shall not apply to such an application accordingly, and

- (*b*) the other provisions of the *Employment Permits Act 2006* shall be construed and have effect subject to the order,

  but without prejudice to any regulations for the time being in force under *section* *[14](#14-regulations-governing-grant-of-permits-etc-act-repealed)* of that Act.

• (2) The Minister shall not make an order under subsection (1) at a particular time unless, having regard to the conditions of the labour market in the State at that time, the Minister is of the opinion that it is desirable in the interests of the proper functioning of the economy to make such an order.”.

3A. F6[Different purposes in respect of which an employment permit may be granted (Act Repealed)

3A.—(1) Subject to any requirement that this Act specifies is to be satisfied in respect of the grant of an employment permit, an employment permit granted under section 8 shall be granted in respect of a purpose specified in subsection (2).

• (2) The purposes for which an employment permit may, subject to any requirement referred to in subsection (1), be granted are:

• (a) to ensure that appropriately skilled foreign nationals with skills that are required—

• (i) in enterprises in an economic sector that is of importance for the economic and social development of the State, and

• (ii) in employments that are essential to the development and growth of those enterprises or economic sector,

and that are in critical short supply in the State, are encouraged to become available for employment in the State, in such enterprises and employments and the Minister is satisfied that where such enterprises are unable to recruit such appropriately skilled persons, or there is a shortage of such persons, the inability to recruit or such shortage is likely to hinder—

• (I) the development and growth of such enterprises, and

• (II) the economic development of, and the development of industry, technology and enterprise in, the State and the services which support such development;

• (b) to provide for the employment of a foreign national who is—

• (i) the spouse or civil partner, referred to in section 3C(2), of a foreign national who has, or had, been granted an employment permit in respect of the purpose referred to in paragraph (a) and to certain dependants, referred to in section 3C(2), of that foreign national to whom an employment permit for that purpose has, or had, been granted, so as to encourage foreign nationals referred to in paragraph (a) to take up employment in the State, and

• (ii) the spouse or civil partner, referred to in section 3C(3), of a research project researcher who, pursuant to Directive 2005/71/EC, has, or had, been granted the permission by the Minister for Justice and Equality to be in the State to carry out research pursuant to the Directive, and to certain dependants, referred to in section 3C(3), of that researcher so as to facilitate the carrying out of research in the State pursuant to that Directive;

• (c) where the Minister is satisfied that a person in the State has been unable to recruit an employee for a vacancy for an employment, to provide for the recruitment of a foreign national who has the required knowledge and skills for the employment and, where appropriate, the qualifications and experience as may be required for that employment;

• (d) to provide for a foreign national who is employed by a foreign employer outside the State to carry out duties for, or participate in a training programme provided by, a connected person—

• (i) in employments that are the same, or substantially the same, employments in which the foreign national is employed, outside the State, by the foreign employer, or

• (ii) in employments that require the foreign national to participate in such training programme,

where the foreign national is required, pursuant to his or her employment with the foreign employer, to carry out those duties for the connected person or participate in such training programme;

• (e) in the case of a contract service agreement, to provide for the employment in the State of certain foreign nationals referred to in section 3E who are employed by a contractor, so that such foreign nationals may perform duties in the State that arise out of such contract service agreement;

• (f) to provide for the employment in the State of a foreign national—

• (i) to whom an employment permit had been granted and the permit is no longer in force,

• (ii) who is not in employment, or in the service of an employer, in the State,

• (iii) who has received permission from the Minister for Justice and Equality to be in the State for the purposes of making an application for an employment permit, and

• (iv) in respect of whom an offer of employment has been made in respect of an employment for which an employment permit is required;

• (g) to provide for the employment in the State of foreign nationals, to whom an exchange agreement, that is specified in regulations under section 14, applies in employments that are referred to in the exchange agreement or to which the exchange agreement applies;

• (h) to provide for the employment in the State of foreign nationals who have the required knowledge and skills and, where appropriate, qualifications and experience as may be required, for the development and operation of sporting or cultural activities in the State;

• (i) to provide for the employment in the State of a foreign national who is—

• (i) a full-time student, including a post-graduate student, enrolled in a course of study in a third-level institution outside the State,

• (ii) pursuing a course of study that is wholly or substantially concerned with the qualifications or skills referred to in section 15(1)(c) and the Minister is satisfied, having regard to section 15(1)(d), there is a shortage of those skills or qualifications, and

• (iii) required, for the completion of that course of study, to obtain experience in the practice of those skills or qualifications with which the course of study is concerned for a period of not more than 12 months in an employment that requires the practice of those skills or qualifications,

and at the end of the period of 12 months the foreign national is to return to that institution outside the State to complete that course of study.]

3B. F7[Recommendation by enterprise development agency (Act Repealed)

3B.—(1) An enterprise development agency may make a recommendation in writing to the Minister in respect of an application for—

• (a) the grant of an employment permit, or

• (b) the renewal of an employment permit referred to in section 20(11)(b),

that the employment permit that is the subject of the application be granted, or renewed, in respect of the employment concerned and to the foreign national concerned.

• (2) The Minister shall have regard to a recommendation referred to in subsection (1).

• (3) Nothing in subsection (2) shall be construed as requiring the Minister to grant or renew an employment permit on foot of a recommendation referred to in subsection (1).]

3C. F8[Spouses, civil partners and certain dependants relating to section 3A(2)(b) (Act Repealed)

3C.—(1) An application for an employment permit for the purpose referred to in section 3A(2)(b) may be made, under section 4, in respect of a foreign national referred to in subsection (2) or (3).

• (2) An employment permit for the purpose referred to in section 3A(2)(b) may, subject to this Act, be granted, in accordance with section 8, to a foreign national who is—

• (a) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made—

• (i) the employment permit granted to the primary permit holder is in force, and

• (ii) that primary permit holder is in the employment specified in that employment permit,

or

• (b) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made the employment permit has expired and the primary permit holder is in employment in the State pursuant to the permission referred to in section 2(10)(d) of the Act of 2003 and the condition, referred to in that section, of that permission,

and such spouse, such civil partner or such dependant—

• (i) has obtained permission to land, and reside, in the State by virtue of being the spouse, civil partner or dependant of a primary permit holder referred to in paragraph (a) or (b), and

• (ii) is in the State pursuant to, and in compliance with, the permission referred to in paragraph (i) at the time the application for the employment permit is made.

• (3) An employment permit for the purpose referred to in section 3A(2)(b) may, subject to this Act, be granted, in accordance with section 8, to a foreign national who is—

• (a) the spouse, civil partner or dependant of a research project researcher and at the time the application for the employment permit is made—

• (i) the permission granted, pursuant to Directive 2005/71/EC, to him or her by the Minister for Justice and Equality to carry out research in the State has not expired, and

• (ii) the research project researcher is carrying out research pursuant to Directive 2005/71/EC,

or

• (b) the spouse, civil partner or dependant of a research project researcher and at the time the application for the employment permit is made the research project researcher is in employment in the State pursuant to the permission referred to in section 2(10)(d) of the Act of 2003 and the condition, referred to in that section, of that permission,

and such spouse, such civil partner or such dependant—

• (i) has obtained permission to land, and reside, in the State by virtue of being the spouse, civil partner or dependant of the research project researcher referred to in paragraph (a) or (b), and

• (ii) is in the State pursuant to, and in compliance with, the permission referred to in paragraph (i) at the time the application for the employment permit is made.]

3D. F9[Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(d) (Act Repealed)

3D.—(1) Where a foreign employer requires a foreign national employed by him or her outside the State to carry out duties for, or participate in a training programme provided by, a connected person without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national—

• (a) notwithstanding that the remuneration, in so far as it relates to salary is to be paid by the foreign employer, it shall be a condition of the grant of the employment permit for the purpose referred to in section 3A(2)(d) that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the foreign employer for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b),

• (b) in respect of the payment of the remuneration to the foreign national in so far as it relates to—

• (i) board and accommodation, or either of them, the payment may be made by the foreign employer and the connected person or by either of them, and

• (ii) health insurance, the payment may be made by the foreign employer and the connected person or by either of them,

and

• (c) it shall be a condition of the grant of the permit that the statement of earnings provided by the foreign employer to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify—

• (i) the amount of the additional payment referred to in subsection (4)(b),

• (ii) the total amount referred to in subsection (4)(c), and

• (iii) the amount of the deductions referred to in subsection (4)(d).

• (2) Where—

• (a) in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(d) is made, and

• (b) in respect of the condition referred to in subsection (1)(a),

the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than the national minimum hourly rate of pay, the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay.

• (3) Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(d) is made and the condition referred to in subsection (1)(a) —

• (a) the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in section 12(6)(b), and

• (b) the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than that hourly rate of pay,

the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in section 12(6)(b).

• (4) Without prejudice to section 6, the connected person shall, when making an application pursuant to section 4(2)(b), provide, in addition to the information required under section 6(e), information and documents, including any information and documents as may be specified in regulations under section 29, in respect of—

• (a) the amount of the salary that is paid, on the day the application is made, by the foreign employer to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 29,

• (b) where, having regard to the amount of salary referred to in paragraph (a) and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than—

• (i) the national minimum hourly rate of pay and an additional payment referred to in subsection (2) is to be made, or

• (ii) where appropriate, an hourly rate referred to in subsection (3), and an additional payment referred to in subsection (3) is to be made,

the amount of the additional payment to be made by the foreign employer to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 29,

• (c) the total amount of the amounts referred to in paragraphs (a) and (b) in such form as may be specified in regulations under section 29,

• (d) all deductions to be made by the foreign employer to—

• (i) the amount referred to in paragraph (a), and

• (ii) where an additional payment referred to in paragraph (b) is required to be made, the amount of that additional payment, referred to in paragraph (b),

• (e) the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (d) have been made, in such form as may be specified in regulations under section 29,

• (f) the payment of board and accommodation, or either of them, and where either or both are provided directly by the connected person or the foreign employer, or both of them, the monetary value of the board and accommodation, or, as the case may be, either of them, and

• (g) the arrangements for making the additional payment referred to in paragraph (b)(i) or (b)(ii).

• (5) A foreign national referred to in section 3A(2)(d) shall be employed by the foreign employer concerned for a period that is not less than the minimum period of employment specified in regulations made under section 14 before an application for an employment permit may be made in respect of him or her.

• (6) In this section "statement of earnings" means the statement of the remuneration paid by a foreign employer to a foreign national—

• (a) that is provided to the foreign national by the foreign employer to demonstrate that the foreign employer has paid the foreign national his or her remuneration, and

• (b) that accompanies the periodic payment of that remuneration and specifies in writing the gross amount of the remuneration paid and any deductions made from that gross amount.]

3E. F10[Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(e) (Act Repealed)

3E.—(1) Where, pursuant to the employment outside the State by a contractor of a foreign national, the contractor requires the foreign national to carry out duties in the State that arise out of a contract service agreement without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national—

• (a) notwithstanding that the remuneration in so far as it relates to salary, is paid to the foreign national outside the State, it shall be a condition of the grant of the employment permit for the purpose referred to in section 3A(2)(e) that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the contractor for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), and

• (b) it shall be a condition of the grant of the permit that the statement of earnings, within the meaning of section 3D, provided by the contractor to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify—

• (i) the amount of the additional payment referred to in subsection (4)(b),

• (ii) the total amount referred to in subsection (4)(c), and

• (iii) the amount of the deductions referred to in subsection (4)(d).

• (2) Where—

• (a) in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(e) is made, and

• (b) in respect of the condition referred to in subsection (1)(a),

the hourly rate of the salary paid outside the State by the contractor to the foreign national is less than the national minimum hourly rate of pay, the contractor shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay.

• (3) Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(e) is made and the condition referred to in subsection (1)(a) —

• (a) the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in section 12(6)(b), and

• (b) the hourly rate of the salary paid outside the State by the contractor to the foreign national is less than that hourly rate of pay,

the contractor shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in section 12(6)(b).

• (4) Without prejudice to section 6, the contractor shall, when making an application pursuant to section 4(2)(a), provide, in addition to the information required under section 6(e), information and documents, including any information and documents as may be specified in regulations under section 29, in respect of—

• (a) the amount of the salary that is paid, on the day the application is made, by the contractor to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 29,

• (b) where, having regard to the amount of salary referred to in paragraph (a) and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than—

• (i) the national minimum hourly rate of pay and an additional payment referred to in subsection (2) is to be made, or

• (ii) where appropriate, the hourly rate referred to in subsection (3), and an additional payment referred to in subsection (3) is to be made,

the amount of the additional payment to be made by the contractor to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 29,

• (c) the total amount of the amounts referred to in paragraphs (a) and (b) in such form as may be specified in regulations under section 29,

• (d) all deductions to be made by the contractor to—

• (i) the amount referred to in paragraph (a), and

• (ii) where an additional payment referred to in paragraph (b) is required to be made, the amount of that additional payment, referred to in paragraph (b),

• (e) the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (d) have been made in such form as may be specified in regulations under section 29,

• (f) the payment of board and accommodation, or either of them, and where either or both are provided directly by the contractor, the monetary value of the board and accommodation, or as the case may be, either of them, and

• (g) the arrangements for making the additional payment referred to in paragraph (b)(i) or (b)(ii).

• (5) A foreign national referred to in section 3A(2)(e) shall be employed by the contractor concerned for a period that is not less than the minimum period of employment specified in regulations made under section 14 before an application for an employment permit may be made in respect of him or her.]

3F. F11[Consultation by Minister (Act Repealed)

3F.—The Minister may, in the case of an application for an employment permit in respect of the purpose referred to in section 3A(2)(h), consult with any person who, the Minister is satisfied, has knowledge of or expertise in the sport or cultural activity concerned.]

4. Application for employment permit. (Act Repealed)

4.—(1) An application for the grant of an employment permit in respect of the employment in the State of a particular foreign national may F12[, subject to subsection (3),] be made, other than in a case referred to in subsection (2), by—

• (a) the person proposing to employ the foreign national, or

• (b) F13[…] the foreign national.

• F14[(2) In a case—

• (a) where the application is made in respect of the purpose referred to in section 3A(2)(e), the application shall be made by the contractor concerned,

• (b) where the application is made in respect of the purpose referred to in section 3A(2)(d), the application shall be made by the connected person concerned, or

• (c) falling within section 2(1A)(c) of the Act of 2003, the application shall be made by the person party to the arrangement concerned.]

• (3) F14[Subject to section 10A, an application under this section shall not be made] unless an offer of employment in the State has been made in writing F14[to a foreign national] within such period preceding the application as may be prescribed.

• F12[(3A) An application—

• (a) referred to in subsection (2)(a), shall be made in respect of the employment that is the subject of the contract service agreement,

• (b) referred to in subsection (2)(b), shall be made in respect of the employment in the connected person, and

• (c) in the case of the arrangement referred to in subsection (2)(c), shall be made in respect of the employment that is the subject of the arrangement,

and references in this Act to an offer of employment insofar as such references refer to an application referred to in paragraph (a), (b) or (c) shall be construed accordingly.

• (3B) When making an application for the grant of an employment permit, the person making the application shall specify the purpose, referred to in section 3A(2), in respect of which the employment permit concerned may be granted.

• (3C) An application under this section for an employment permit in respect of the purpose referred to in section 3A(2)(a) shall not be made unless the duration of the employment, in respect of which the application is made, is for a period of not less than 2 years.]

• (4) F15[…]

• F12[(5) An application shall not be made for the grant of an employment permit in respect of an employment where, in the 6 months preceding the day on which the application is made—

• (a) a person was employed in the employment that is the subject of the application, and

• (b) that person was dismissed by reason of redundancy from that employment within that period of 6 months.

• (6) Where—

• (a) an employment permit is in force immediately before the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014,

• (b) following the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014, the spouse, civil partner or dependant of the foreign national to whom that permit has been granted applies for an employment permit in respect of the purpose referred to in section 3A(2)(b), and

• (c) the Minister is satisfied that having regard to the employment in respect of which the employment permit referred to in paragraph (a) has been granted, that permit would, had it been granted after the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014, have been granted in respect of the purpose referred to in section 3A(2)(a),

the foreign national to whom the employment permit referred to in paragraph (a) has been granted may be treated as the primary permit holder concerned—

• (i) for the purposes of section 3C,

• (ii) for the purposes of the application referred to in paragraph (b), and

• (iii) where pursuant to such application an employment permit is granted under section 8, the grant of that employment permit.]

5. Foreign national is grantee of permit, general provisions as respects applications, etc. (Act Repealed)

5.—(1) In all cases, irrespective of who the applicant for the grant of the permit under section 8 is—

• (a) an application for the grant of an employment permit under section 8 shall be expressed to be an application for the grant under that section of such a permit to the person proposed to be employed pursuant to the permit (in this Act referred to as the “foreign national concerned”), and

• (b) a grant under section 8 of an employment permit shall be to the foreign national concerned.

• (2) An application for an employment permit shall be in writing and be accompanied by such fee as may be prescribed.

6. F16[Application for employment permit: information to be provided (Act Repealed)

6.—An application for an employment permit shall—

• (a) provide a full and accurate description of the employment in respect of which the application is made (the ‘employment concerned’) and the terms and conditions, including the hours of work in each week, and the duration, of the employment concerned,

• (b) provide information in respect of the qualifications, skills, knowledge and experience that are required for the employment concerned,

• (c) provide information and, where required, any relevant documents in respect of the qualifications, skills, knowledge or experience of the foreign national concerned,

• (d) specify the place at or in which the employment concerned is to be carried out and, where the employment concerned is to be carried out in more than one place, specify each such place,

• (e) specify the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment concerned,

• (f) in respect of the foreign national concerned—

• (i) specify whether or not he or she has sought permission to land in the State on a previous occasion or has been in the State on a previous occasion without permission to land,

• (ii) where he or she is in the State at the time of the application, provide information and documents, where required by the Minister, relating to the permission granted to him or her to be in the State,

• (iii) where he or she is in employment in the State at the time of the application, provide information and documents, where required by the Minister, relating to the permission granted to him or her to be in such employment, and

• (iv) provide information as to whether he or she was at any time prior to such application in employment in the State and, where requested by the Minister, provide any information and documents relating to the permission granted to him or her to be in such employment, or, as the case may be, an employment permit granted in respect of that employment,

• (g) provide such other information, documents and evidence to verify such information and documents—

• (i) as may be prescribed, or

• (ii) which the Minister may request and which, in the Minister’s opinion, might materially assist in the making of a decision on the application,

• (h) without prejudice to the generality of paragraph (g), provide information and documents, as the Minister may request, concerning the offer of employment referred to in section 4(3), and

• (i) provide information, documents and evidence in respect of the requirement under section 4(5) in relation to—

• (i) the employment, in the period referred to in section 4(5), of any person in the employment that is the subject of the application, and

• (ii) the confirmation that such person was not, within such period, dismissed by reason of redundancy from that employment.]

7. Application by foreign national — information to be provided. (Act Repealed)

7.—F17[…]

8. Grant of employment permit by Minister. (Act Repealed)

8.— (1) Subject to F18[sections 3A, 10, 10A, 12, 14, 20A and 20B] and section 2(11) of the Act of 2003, the Minister may, on application made to him or her, grant an employment permit.

• F18[(2) The employment permit so granted shall operate to permit the employment in the State of the foreign national—

• (a) in the employment specified in the application by—

• (i) the person, specified in the application, who made the offer of employment,

• (ii) in the case of an application referred to in section 4(2)(a), the contractor concerned, or

• (iii) in the case of an application referred to in section 4(2)(c), the person party to the arrangement referred to in that section who made the application,

or

• (b) in the employment specified in the application in respect of which, in the case of an application referred to in section 4(2)(b), the foreign national is to carry out duties for, or participate in a training programme provided by, the connected person specified in that application.]

• (3) F19[…]

• (4) An employment permit shall specify the period for which the foreign national concerned may be employed in the State pursuant to the permit and the permit shall, subject to the provisions of this Act, remain in force for that period accordingly.

• F20[(4A) An employment permit granted for the purpose referred to in section 3A(2)(d) shall specify the period for which the foreign national concerned may carry out duties for, or participate in a training programme provided by, the connected person, pursuant to the permit and the permit shall, subject to the provisions of this Act, remain in force for that period accordingly.]

• (5) The period that shall be specified in the employment permit F18[shall, subject to subsections (6) and (7),] not exceed 2 years beginning on the date of the grant of the permit F18[or on the date specified in such permit, as the date on which it is to come into force].

• F20[(6) The period that shall be specified in an employment permit granted for the purpose referred to in section 3A(2)(b) shall be the lesser of—

• (a) the period referred to in subsection (5), or

• (b) the period beginning on the date of the grant of the permit or on the date specified in such permit as the date on which it is to come into force and ending on the date of the expiry of—

• (i) the employment permit granted to the primary permit holder referred to in section 3C(2)(a),

• (ii) the permission, referred to in section 3C(2)(b), given to the primary permit holder referred to in section 3C(2)(b) to remain in the State and be in employment in the State,

• (iii) the permission referred to in section 3C(3)(a), given to the research project researcher referred to in section 3C(3)(a), or

• (iv) the permission referred to in section 3C(3)(b), given to the research project researcher referred to in section 3C(3)(b) to remain in the State and be in employment in the State.

• (7) The period that shall be specified in the employment permit granted in respect of the purpose referred to in—

• (a) section 3A(2)(d), in respect of an employment referred to in section 3A(2)(d)(ii), or

• (b) section 3A(2)(i),

shall not exceed 12 months.

• (8) Where in the case of a transfer to which the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) applies, that takes effect during the period for which an employment permit is in force and pursuant to that transfer there is a change to the name of—

• (a) the employer or, as the case may be, the connected person, specified in the employment permit—

• (i) the employer or, as the case may be, the connected person, shall notify the Minister of that change of name, and

• (ii) the Minister may amend the employment permit to reflect that change of name of the employer or, as the case may be, the connected person and may request such information and documents, as may be specified in regulations under section 29, in respect of such change of name,

or

• (b) the relevant person—

• (i) the contractor shall notify the Minister of that change of name, and

• (ii) the Minister may amend the employment permit to reflect that change of name of the relevant person and may request such information and documents, as may be specified in regulations under section 29, in respect of such change of name.

• (9) Nothing in subsection (6) shall be construed as preventing the specification of a period, in accordance with subsection (5), that is less than the period specified in subsection (5) in an employment permit referred to in subsection (6) in circumstances other than those specified in subsection (6).]

9. Original of permit to be issued to foreign national, information to be included in permit, etc. (Act Repealed)

9.—(1) The Minister shall cause—

• (a) the original of an employment permit granted under section 8 to be issued to the foreign national concerned, and

• F21[(b) a copy of the permit so granted to be issued to—

• (i) the person referred to in section 8(2)(a)(i),

• (ii) in the case of an application referred to in section 4(2)(a), the contractor referred to in section 8(2)(a)(ii),

• (iii) in the case of an application referred to in section 4(2)(c), the person referred to in section 8(2)(a)(iii), or

• (iv) in the case of an application referred to in section 4(2)(b), the connected person referred to in section 8(2)(b). ]

• (2) An employment permit F21[shall specify the following information:]:

• (a) F22[…] a description of the employment in respect of which the permit has been granted and a statement of the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment;

• (b) F22[…]

• (c) a statement of the requirement under the National Minimum Wage Act 2000 that the foreign national concerned be paid the national minimum hourly rate of pay by his or her employer and the effect of subsections (1) , (3) and (4) of F21[section 23;]

• (d) a statement that a new application for the grant of an employment permit may be made in respect of the foreign national concerned subject to, and in accordance with, the Employment Permits Acts 2003 F21[to 2014; and]

• F23[(e) any other information that, in the opinion of the Minister, is appropriate.]

• (3) An employment permit shall include or be accompanied by a summary of the principal employment rights of F21[an employee].

• (4) Subsections (2) and (3) are in addition to any other provision of this Act, or any provision of regulations under section 29 (2), specifying matters or information to be included in an employment permit.

10. Restriction on grant of employment permit. (Act Repealed)

10.—(1) F24[…]

• F25[(2) Subject to subsections (2A) and (2B), an employment permit shall not be granted unless the Minister is satisfied that on the date the application for the employment permit was made 50 per cent or more of the employees of—

• (a) the person who has made the offer of employment,

• (b) in the case of an application referred to in section 4(2)(a), the contractor or the relevant person concerned,

• (c) in the case of an application referred to in section 4(2)(b), the connected person concerned, or

• (d) in the case of an application referred to in section 4(2)(c), the person party to the arrangement referred to in that section who made the offer of employment,

F26[are either—]

• F27[(i) nationals of one or more Member States of the EEA,]

• F28[(ii) nationals of the Swiss Confederation,]

• F29[(iia) citizens of the United Kingdom of Great Britain and Northern Ireland, or]

• F30[(iii) a combination of any of the nationals or citizens referred to in paragraphs (i), (ii) and (iia).]]

• F31[(2A) In the case of an application for an employment permit in respect of the purpose referred to in paragraph (a), (c) or (d) of section 3A(2), subsection (2) shall not apply to such application where—

• (a) the person who has made the offer of employment or, as the case may be, the connected person has been registered with the Revenue Commissioners for a period not exceeding 2 years on the day the application is made,

• (b) an enterprise development agency has made a recommendation referred to in section 3B in respect of that application, and

• (c) the Minister is satisfied that, having regard to such recommendation, granting the employment permit that is the subject of the application concerned, will contribute to the further development of employment in the State.

• (2B) In the case of an application for an employment permit in respect of the purpose referred to in paragraph (b), (c), (f) or (h) of section 3A(2), subsection (2) shall not apply to such application where—

• (a) on the day on which the application is made the person referred to in subsection (2)(a) has no employees,

• (b) the foreign national in respect of whom the application for the grant of the employment permit is made will be the sole employee of the person referred to in subsection (2)(a) on the date on which the employment that is the subject of the application is to commence, and

• (c) the Minister is satisfied that having regard to the employment in respect of which the application is made, the foreign national concerned will be the sole employee of the employer concerned,

and the person making the application shall, in addition to any information required under section 6 or as may be specified in regulations under section 29 in respect of an application, provide the Minister with any information and documents the Minister may require to satisfy himself or herself of the matters specified in paragraphs (a) to (c).]

• (3) F25[This section and section 10A are]—

• F25[(a) in respect of section 10A, supplementary to Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union²,]

• (b) in addition to the other requirements that this Act specifies must be satisfied with respect to the grant of an employment permit F25[and are] without prejudice to—

• (i) any regulations for the time being in force under section 14, and

• (ii) section 2(11) of the Act of 2003.

• F32[(4) In subsection (2)(iia), "United Kingdom of Great Britain and Northern Ireland" includes the Channel Islands and the Isle of Man and "citizens of the United Kingdom of Great Britain and Northern Ireland" shall be construed accordingly.]

10A. F33[Establishing need for grant of certain employment permits (Act Repealed)

10A.—(1) This section applies to an application for an employment permit in respect of the purpose specified in section 3A(2)(c) or 3A(2)(e).

• (2) Subject to subsections (6) and (7), the Minister shall not grant an employment permit referred to in subsection (1) unless the Minister is satisfied that a notice of the offer of the employment that is the subject of the application has been published in accordance with this section before the application referred to in subsection (1) is made and the application is made within the period referred to in subsection (5).

• (3) Where an application referred to in subsection (1) is made—

• (a) the person who makes the offer of employment concerned, or

• (b) in the case of an application under section 4(2)(a), the contractor,

shall satisfy the Minister that he or she has, before making the application, offered the employment in respect of which the application is made to—

• (i) a citizen, or

• (ii) a foreign national referred to in any of paragraphs (a) to (d) of section 2(10) of the Act of 2003 or a person entitled to be in employment in the State pursuant to the European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013,

by causing a notice of the offer of the employment concerned to be published in accordance with subsection (4).

• (4) The person referred to in subsection (3)(a) or, as the case may be, the contractor referred to in subsection (3)(b) —

• (a) shall cause the notice referred to in subsection (3) to be published—

• (i) in at least one national newspaper circulating in the State,

• (ii) on one or more websites, as may be specified in regulations under this section, the principal purpose of which is to publish offers of employments to citizens and foreign nationals referred to in subsection (3)(ii), and

• (iii) in, or on, one of the following:

• (I) at least one newspaper circulating in the area in which the employment is to be carried out, or

• (II) at least one website, other than a website referred to in subparagraph (ii), the principal purpose of which is to publish offers of employment,

• (b) shall, in respect of the publication of that notice on a website referred to in paragraph (a)(ii), place the notice referred to in subsection (3) for publication with one or more persons, as may be specified in regulations under this section,

• (c) shall publish the notice referred to in subsection (3) in accordance with paragraph (a) for a period that is not less than the period, as may be specified in regulations under this section, for which the notice is to be published, and

• (d) may, in addition to the publication under paragraphs (a), (b) and (c), publish the notice in such other manner as may be specified in regulations under this section.

• (5) Where, following the publication of the notice referred to in subsection (3), an application referred to in subsection (1) is made under section 4, that application shall be made within the number of days, as may be specified by the Minister in regulations under this section, from the day on which that notice was first published on a website referred to in subsection (4)(a)(ii).

• (6) Subsection (2) shall not apply to an application referred to in subsection (1) where—

• (a) an enterprise development agency has made a recommendation referred to in section 3B in respect of the application, and

• (b) the Minister is satisfied that, having had regard to such recommendation, granting the employment permit that is the subject of the application concerned will contribute to the further development of employment in the State.

• (7) Subsection (2) shall not apply to an application referred to in subsection (1) where—

• (a) the Minister is satisfied that, having regard to section 15(1)(d), there is a shortage of the skills referred to in section 15(1)(d) required for that employment and the Minister has, in regulations made under section 14(6), specified the employment as an employment to which subsection (2) shall not apply,

• (b) the application is made in respect of a foreign national to whom section 20B applies and is an application referred to in section 20B(4), or

• (c) the application is made in respect of an employment—

• (i) for a carer of a person with exceptional medical needs and—

• (I) the foreign national, in respect of whom that application is made, has been providing care to the person before the application was made, and

• (II) that person has developed a high level of dependence on that foreign national,

and

• (ii) that is not specified in regulations under section 14 as an employment for which, or a category of employment in respect of which, an employment permit shall not be granted,

and the Minister is satisfied that, having regard to the circumstances of that person and that foreign national, it is not appropriate to publish a notice of the offer of that employment.

• (8) The Minister may, without prejudice to the generality of section 29(1), make regulations under this subsection for the publication of the notice referred to in subsection (3), that is required to be carried out before an application for the grant of an employment permit referred to in subsection (1) is made, to provide for—

• (a) one or more persons with whom such notice shall be placed for publication on a website referred to in subsection (4)(a)(ii) where such person or persons own or operate the website or publish notices on such website,

• (b) one or more websites, referred to in subsection (4)(a)(ii), on which such notice is to be published,

• (c) the duration of the period, referred to in subsection (4)(c), for which such notice shall be published—

• (i) in a newspaper referred to in subsection (4),

• (ii) on a website referred to in subsection (4)(a)(ii) which shall be not less than 14 days, and

• (iii) on a website referred to in subsection (4)(a)(iii),

which the Minister considers to be sufficient to afford an opportunity to citizens and the foreign nationals referred to in subsection (3)(ii) to apply for the employment concerned,

• (d) the publication referred to in subsection (4)(d) of such notice, including the period for the publication of such notice, and different provision may be made for different classes of publication for any such notice including publication by electronic means and different provision may be made for such publication of the offer of employment to citizens and foreign nationals referred to in subsection (3)(ii),