Employment Permits Act 2006

• (e) the form, procedure for and the manner in which the publication of the offer of employment, referred to in subsection (2), to citizens and foreign nationals referred to in subsection (3)(ii) is to be made,

• (f) the number of days within which the application referred to in subsection (1) shall be made after the day the notice referred to in subsection (3) is first published on a website referred to in subsection (4)(a)(ii),

• (g) information and documents as the Minister may require to satisfy himself or herself that the notice was published in accordance with this section and the application was made within the period referred to in subsection (4) and without prejudice to the generality of the foregoing such information and documents may include—

• (i) information and documents demonstrating that the notice was placed with the persons specified by the Minister in regulations under that section, and

• (ii) documents identifying that the notice was published in a newspaper and a website as required under that section,

and

• (h) evidence that the Minister may reasonably require in order to verify any information or documents to be furnished to the Minister pursuant to this section.

• (9) Before publishing a notice referred to in subsection (3) the person who makes the offer of employment, or, as the case may be, the contractor, shall ensure that the employment is specified in regulations under this Act as being an employment for which an employment permit may be granted.

• (10) The Minister may make enquiries to satisfy himself or herself that the person referred to in subsection (3)(a) or the contractor referred to in subsection (3)(b) has complied with subsection (3).

• (11) Section 10(3) applies to this section.]

11. Consideration by Minister of application for employment permit. (Act Repealed)

11.—(1) In considering an application for an employment permit, the Minister shall have regard to—

• (a) the extent to which a decision to grant the permit would be consistent with economic policy for the time being of the Government,

• F34[(b) whether the knowledge and skills and, where appropriate, the qualifications and experience referred to in section 6(b) are required for, or relevant to, the employment concerned,]

are necessary for, or relevant to, that employment,

• (c) such of the other matters referred to in section 6 F35[…] as are relevant to F34[the application,]

• (d) if any of paragraphs (a) to (j) of section 12(1) fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a paragraph F34[or paragraphs, and]

• F36[(e) the different purposes, specified in section 3A(2) for which an employment permit may be granted.]

• (2) In considering an application for an employment permit, the Minister may take such steps as he or she considers necessary to establish the accuracy or authenticity of the information provided in respect of the application.

• (3) This section is subject to the provisions of any regulations under section 14 that apply in relation to the application concerned.

• (4) Accordingly, nothing in this section authorises the Minister to make a decision on an application for a grant of an employment permit which he or she would not be authorised to make by reason of the operation of those regulations.

12. Refusal to grant employment permit. (Act Repealed)

12.—(1) The Minister may refuse to grant an employment permit if—

• (a) the applicant for the permit (the “applicant”) has failed to provide any information required by or under this Act in respect of the application for the permit (the “application”) F37[or has failed to provide any information, documents or evidence required by or under this Act in respect of the application within the period specified in regulations under section 29],

• (b) the applicant has failed to furnish the prescribed fee with the application,

• F38[(c) the foreign national or the person who made the offer of employment, or in the case of an application referred to—

• (i) in section 4(2)(a), the contractor or the relevant person,

• (ii) in section 4(2)(b), the connected person, or

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

has been convicted of an offence under this Act, the Act of 2003, the Immigration Act 2004 or an enactment specified in Schedule 1, during the period of 5 years ending on the date of the application,]

• (d) in the opinion of the Minister, the granting of the permit would be manifestly inconsistent with economic policy for the time being of the Government,

• F38[(e) the following 2 conditions are satisfied namely:

• (i) a period of less than 12 months has elapsed since the foreign national concerned first commenced employment in the State pursuant to an employment permit granted to him or her; and

• (ii) the application is made within the period referred to in subparagraph (i) and on the date of the application—

• (I) the employment permit referred to in subparagraph (i) is in force, or

• (II) the foreign national has surrendered, in accordance with section 24, the employment permit referred to in subparagraph (i), within the period referred to in subparagraph (i),]

• (f) in the opinion of the Minister, it is in the public interest to do so,

• (g) a material misrepresentation in respect of the application has been made by the applicant,

• (h) a forged or fraudulent document has been submitted in respect of the application,

• (i) the foreign national concerned lands or has landed, or is or has been, in the State without permission,

• F37[(ia) the foreign national in respect of whom the application is made—

• (i) has landed in the State with the permission of the Minister for Justice and Equality but has not been given the permission referred to in section 2(10)(d) of the Act of 2003 by the Minister for Justice and Equality, and

• (ii) was, on the date the application was made—

• (I) employed by the person who made the offer of employment that is the subject of the application, or

• (II) employed by another person on that date,

without an employment permit or the permission referred to in section 2(10)(d) of the Act of 2003,

• (ib) the foreign national in respect of whom the application is made had been in employment in the State prior to the making of the application without an employment permit or permission of the Minister for Justice and Equality referred to in section 2(10)(d) of the Act of 2003,

• (ic) the foreign national in respect of whom the application is made has landed in the State with the permission of the Minister for Justice and Equality and that permission is granted on the condition that the foreign national concerned shall not be in employment in the State,]

• (j) the remuneration to be paid to the foreign national concerned in respect of the proposed weekly hours of work (whatever they may be) is less than the F38[standard working week remuneration,]

• F38[(k) the skills, knowledge, and where appropriate, qualifications and experience, referred to in section 6(b), are not required for, or relevant to, the employment concerned, or,]

• F37[(l) if he or she is satisfied that the foreign national concerned does not possess the qualifications, knowledge or skills for the employment concerned or the foreign national concerned does not have the appropriate level of experience required for the employment.]

• F37[(1A) The Minister may refuse to grant an employment permit where the application in respect of an employment that, having regard to the different purposes referred to in section 3A(2), does not fall within the purpose in respect of which the application was made or is an employment that is specified in regulations under section 14 in respect of a different purpose.

• (1B) In the case of an application in respect of the purpose referred to in section 3A(2)(d) —

• (a) the Minister shall, subject to subsection (1C), refuse to grant an employment permit if the Minister is satisfied that—

• (i) without prejudice to subsection (1G)(a)(ii), the connected person is not engaged in substantive business operations in the State,

• (ii) the foreign employer is not engaged in substantive business operations in the place, outside the State, in which it is established, or

• (iii) the connected person is not connected with the foreign employer,

• (b) the Minister may refuse to grant an employment permit if, in the opinion of the Minister, the connected person or the foreign employer has not, or both of them have not, made appropriate arrangements—

• (i) to provide appropriate accommodation and board (or either of them) for the foreign national during the period in which he or she is in the State to carry out duties for, or participate in a training programme provided by the connected person, or

• (ii) to provide appropriate health insurance, in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit,

• (c) the Minister may refuse to grant an employment permit if the Minister is satisfied that the health insurance provided by the person referred to in paragraph (b)(iii)(II) of section 1A(1) does not have the same, or similar, effect as the health insurance provided by a health insurer, or

• (d) the Minister may refuse to grant the employment permit if he or she is satisfied that the carrying out of the duties, or the participation in the training programme, by the foreign national is not appropriate to the requirements of the connected person.

• (1C) Subsection (1B)(a)(i) shall not apply to the connected person where the connected person carrying on those business operations has been registered with the Revenue Commissioners for a period not exceeding 2 years on the date the application is made.

• (1D) The Minister shall refuse to grant an employment permit in respect of the purpose referred to in section 3A(2)(e) where the Minister has reasonable grounds to believe that the foreign national concerned may not be employed by the contractor concerned during the period for which the employment permit is to be granted.

• (1E) In the case of an application in respect of the purpose referred to in section 3A(2)(e), the Minister—

• (a) may refuse to grant an employment permit if, in the opinion of the Minister, the contractor has not made appropriate arrangements—

• (i) to provide appropriate accommodation and board, or either of them, for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement, or

• (ii) to provide appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit,

or

• (b) may refuse to grant an employment permit if the Minister is satisfied that the health insurance provided by a person referred to in paragraph (b)(iii)(II) of section 1A(1) does not have the same, or similar, effect as the health insurance provided by a health insurer.

• (1F) In the case of an application for an employment permit for the purpose referred to in section 3A(2)(i), the Minister may refuse to grant an employment permit where—

• (a) the Minister is satisfied that—

• (i) the foreign national concerned is not a full-time student enrolled in a third-level institution outside the State,

• (ii) the course of study concerned is not wholly or substantially concerned with the qualifications or skills referred to in section 3A(2)(i), or

• (iii) the employment in respect of which the application is made is not wholly or substantially concerned with the skills or qualifications referred to in subparagraph (ii),

• (b) the Minister is not satisfied that there is a shortage of those qualifications or skills, or

• (c) the Minister is satisfied there are reasonable grounds for believing that, at the end of the 12 month period, the foreign national may not return to the institution outside the State in which he or she is enrolled to complete the course of study concerned.

• (1G) The Minister shall refuse to grant an employment permit where—

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

• (i) is not registered with the Revenue Commissioners, and

• (ii) where such person is carrying on a business, the Minister is satisfied that such person is not engaged in substantive business operations in the State,

or

• (b) in the case of an application referred to in—

• (i) section 4(2)(a), the contractor concerned is not registered with the Revenue Commissioners,

• (ii) section 4(2)(b), the connected person is not registered with the Revenue Commissioners, or

• (iii) section 4(2)(c), the person referred to in that section who made the application referred to in that section, is not registered with the Revenue Commissioners.

• (1H) The Minister may refuse to grant an employment permit if he or she is satisfied that the person who made the offer of employment concerned—

• (a) where such person is a company within the meaning of the Companies Acts, does not comply with any requirement relating to the registration of the company pursuant to those Acts,

• (b) does not comply with any requirement relating to the registration of the business name of that person pursuant to the Act of 1963,

• (c) where such person is a limited partnership referred to in the Limited Partnerships Act 1907, does not comply with any requirement relating to the registration of the limited partnership under that Act,

• (d) where such person is an industrial and provident society within the meaning of the Industrial and Provident Societies Acts 1893 to 1978, does not comply with any requirement relating to the registration of the society pursuant to those Acts,

• (e) where such person is a friendly society within the meaning of the Friendly Societies Acts 1896 to 1977, does not comply with any requirement relating to the registration of the society pursuant to those Acts, or

• (f) where such person is a trade union within the meaning of the Trade Union Acts 1871 to 1990, does not comply with any requirement relating to the registration of that trade union under those Acts.

• (1I) In the case of an application for the purpose referred to in—

• (a) section 3A(2)(f), the Minister may refuse to grant an employment permit where—

• (i) an employment permit in respect of that purpose had been granted and had expired before the application was made and no application for renewal was made in respect of that employment permit, and

• (ii) the Minister is satisfied that it is in the public interest to refuse to grant the employment permit,

• (b) section 3A(2)(h), the Minister may refuse to grant an employment permit where, in accordance with section 3F, having consulted with a person referred to in section 3F, the Minister is satisfied that the employment that is the subject of the application concerned is not appropriate for the development and operation of sporting, or, as the case may be, cultural activities in the State,

• (c) section 3A(2)(g), the Minister may refuse to grant an employment permit where the Minister is satisfied that—

• (i) the exchange agreement concerned does not apply to the foreign national in respect of whom the application is made, or, without prejudice to subsection (3), the employment in respect of which the application is made, or

• (ii) without prejudice to subsection (3), the employment in respect of which the application is made does not come within the exchange agreement,

and

• (d) section 3A(2)(b), the Minister may refuse to grant an employment permit where, in the opinion of the Minister, the requirements of section 3C(2) or, as the case may be, section 3C(3) have not been met.

• (1J) The Minister, in the case of an application for an employment permit for the purpose referred to in paragraph (d) or (e) of section 3A(2), shall—

• (a) without prejudice to subsection (1)(j), refuse to grant an employment permit if the Minister is satisfied that the hourly rate of the remuneration, in so far as it relates to the salary to be paid to the foreign national, is 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 subsection (6)(b),

• (b) without prejudice to subsection (1)(a), refuse to grant an employment permit where the connected person did not provide the information and documents referred to in section 3D(4) or the contractor did not provide the information and documents referred to in section 3E(4), or

• (c) refuse to grant an employment permit where the Minister is not satisfied with the arrangements for the additional payment referred to in section 3D(4)(g) or, as the case may be, section 3E(4)(g).

• (1K) The Minister shall refuse to grant an employment permit where he or she is satisfied that in the 6 months preceding the day on which the application was 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.]

• (2) F38[Subsections (1) to (1K) are] without prejudice to F38[sections 10 and 10A] and subsection (3).

• (3) F38[Subject to sections 20A(5) and 20B(5), the Minister shall] refuse to grant an employment permit if the granting of it would contravene regulations under section 14 in force at the time the decision on the application for the permit is made.

• (4) Where the Minister refuses to grant an employment permit, the Minister shall notify, in writing, the applicant of the decision and the reasons for it.

• (5) Where an application for an employment permit is refused F37[or withdrawn], the Minister shall return to the applicant F37[or a person referred to in subsection (5A)] such portion, as may be prescribed, of the fee that has been submitted in respect of the application.

• F37[(5A) An applicant referred to in subsection (5) may in the application made by him or her nominate a person to whom the portion of the fee is to be returned.]

• (6) In this section “standard working week remuneration” means the weekly remuneration that the foreign national concerned would receive if he or she were to work 39 hours each week at—

• (a) the national minimum hourly rate of pay, or

• F38[(b) if the hourly rate of pay fixed under or pursuant to any enactment that applies to the employment concerned is greater than the national minimum hourly rate of pay, the hourly rate of pay that is fixed under or pursuant to that enactment.]

13. Review of decision to refuse permit. (Act Repealed)

13.—(1) A decision of the Minister to refuse to grant an employment permit may, in accordance with regulations under section 29(3), be submitted by the applicant therefor to the Minister for review under this section.

• (2) Such a submission of a decision for review shall be made within F39[28 days] from the date the decision is notified under section 12 to the applicant.

• F40[(2A) Where—

• (a) following a decision to refuse to grant an employment permit—

• (i) the Minister receives information or documents relating to the application for the employment permit concerned,

• (ii) the information is, or documents are, received within 28 days from the date the decision is notified under section 12 to the applicant, and

• (iii) the applicant has not submitted the decision for a review, in accordance with subsections (1) and (2),

and

• (b) the Minister, having considered such information or documents, is satisfied that having regard to all the circumstances that it is appropriate to review that decision and to take such information or documents into account in such review, the Minister—

• (i) may direct that the decision to refuse to grant the employment permit concerned be reviewed under this section, and

• (ii) where he or she so directs, shall notify the applicant of the review.]

• (3) A review under this section of a decision F40[referred to in subsections (1) and (2A)] shall be carried out by an officer of the Minister appointed by the Minister for the purpose; the person so appointed—

• (a) shall not be the person who made the decision, and

• (b) shall be of a grade senior to the grade of the person who made the decision.

• (4) F39[In the case of a review of a decision referred to in subsection (1), the person so appointed] having afforded the person who submitted the decision for review an opportunity to make representations in writing in relation to the matter, may—

• (a) confirm the decision (and, if the person does so, shall notify in writing the second-mentioned person of the reasons for the confirmation), or

• (b) cancel the decision and grant to the foreign national concerned the employment permit the subject of the application to which the review relates.

• F40[(5) In the case of a review of a decision referred to in subsection (2A), the person so appointed, having taken into account the information or documents referred to in that subsection and afforded the applicant for the employment permit concerned an opportunity to make representations in writing in relation to the matter, may—

• (a) confirm the decision (and, if the person does so, shall notify such applicant in writing of the reasons for the confirmation), or

• (b) cancel the decision and grant to the foreign national concerned the employment permit the subject of the application to which the review relates.]

14. Regulations governing grant of permits, etc. (Act Repealed)

14.—F41[(1) The Minister may, having regard to sections 3A and 14A and the matters specified in section 15, make regulations providing for a class of employment permit for each purpose specified in paragraphs (a) to (i) of section 3A(2) and may, for each such class of employment permit, provide for one or more of the matters specified in subsection (1A) and may, in such regulations, make different provision for such classes of employment permit and such matters in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.]

• F42[(1A) The matters referred to in subsection (1) are:

• (a) the maximum number of employment permits that may be granted in respect of the purpose concerned or specified employments or categories of such employments and such employments or such categories may be provided for on the basis of one or more economic sectors into which they fall;

• (b) the employments for which an employment permit may be granted and such employments may be provided for by reference to categories of employments for which an employment permit may be granted and by reference to one or more economic sectors into which they fall;

• (c) the employments for which an employment permit shall not be granted and such employments may be provided for by reference to categories of employments for which an employment permit shall not be granted and to one or more economic sectors into which they fall;

• (d) economic sectors in respect of which employment permits for any employment that falls into such sector shall not be granted;

• (e) the minimum amount of remuneration that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, and without prejudice to the generality of the foregoing, in respect of such minimum amount of remuneration—

• (i) in so far as it relates to the salary referred to in paragraphs (a)(i) and (b)(i) of section 1A(1), the hourly rate for the salary shall be not less than the national minimum hourly rate of pay, or where appropriate to the employment or the category of employment, the hourly rate of pay referred to in section 12(6)(b), and

• (ii) in so far as it relates to the payments for board and accommodation, referred to in section 1A(1)(b)(ii) and the payments for health insurance referred to in paragraphs (a)(ii) and (b)(iii) of section 1A(1), a maximum amount that may be paid in respect of those payments or the maximum amount of the value of such board and accommodation that are directly provided;

• (f) the qualifications or skills that a foreign national, in respect of whom an application for an employment permit is made, is required to possess in order for a grant of the permit to be made;

• (g) the minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of an employment permit in respect of it;

• (h) the minimum period of experience required for an employment, or a category of employment, as a condition for the grant of an employment permit in respect of it including different periods of experience by reference to different levels of remuneration;

• (i) the minimum period for which an employment permit may be granted.

• (1B) Without prejudice to the generality of subsection (1A)(e), when specifying the minimum amount of remuneration, pursuant to that subsection, that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, the Minister may specify—

• (a) a minimum annual remuneration which shall be the minimum amount of remuneration to be paid to a foreign national for 39 hours of work in each week for 52 weeks,

• (b) the minimum hourly rate for the minimum annual remuneration referred to in paragraph (a) that shall be payable where the hours of work for an employment or category of employment exceed 39 hours, and

• (c) a minimum hourly rate for remuneration other than that referred to in paragraph (a) or (b),

in respect of any class of employment permit, employment or category of employment, and may, without prejudice to the generality of subsection (1), make different provision for any such class, employment or category in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

• (1C) The Minister may in regulations under subsection (1), when providing for the class of employment permit for—

• (a) the purpose referred to in section 3A(2)(a), make different provision for a foreign national to whom section 20A applies, and

• (b) the purpose referred to in section 3A(2)(c), make different provision for a foreign national to whom section 20B applies,

and may make different provision for such foreign nationals in respect of any matter to be provided for under subsection (1A) and without prejudice to subsections (1) and (1B), when providing for remuneration under subsection (1A)(e), such provision may include different amounts of remuneration in respect of such class or any employment or category of employment and different provision may be made for different cases in relation to different classes of cases and different circumstances or different classes of circumstances.

• (1D) When making regulations under subsection (1) in respect of the class of employment permit provided under that subsection for the purpose referred to in section 3A(2)(g), the Minister, in addition to providing for any of the matters specified in subsection (1A) for that class of employment permit—

• (a) shall specify in those regulations each exchange agreement in respect of which an employment permit may be granted, and

• (b) may, without prejudice to subsections (1) and (1A), specify the employments referred to in that exchange agreement, or to which that exchange agreement applies, in respect of which an employment permit may be granted for that class of employment permit,

and when specifying the exchange agreement may, without prejudice to subsection (1), make different provision for such different exchange agreements in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

• (1E) In regulations under subsection (1) in relation to any class of employment permit or any matter specified under subsection (1A), the Minister may, when providing for any such class or matter, make provision in respect of a recommendation referred to in section 3B, and may, in respect of such recommendation, make different provision for such classes or such matter in relation to different cases and different classes of cases and different circumstances and different classes of circumstances.

• (1F) When specifying in regulations under subsection (1) the qualifications, referred to in subsection (1A)(f), of a foreign national, the Minister may provide, in respect of such qualifications, for one or both of the following:

• (a) a requirement that the foreign national be registered with—

• (i) a regulatory body, or

• (ii) any Minister of the Government regulating the entry to or carrying on of any profession or employment in the State;

• (b) a requirement that the qualifications of a foreign national be recognised by—

• (i) a regulatory body, or

• (ii) any Minister of the Government regulating the entry to or carrying on of any profession or employment in the State.

• (1G) The Minister may, in regulations under subsection (1), provide for the names of the different classes of employment permits provided for under that subsection.

• (1H) Without prejudice to the generality of subsection (1A)(b), when specifying the employments for which an employment permit may be granted, including employments specified by reference to categories of employments and to one or more economic sectors, the Minister may specify such employments by reference to employments that require qualifications, experience or skills, referred to in section 15(1)(c), that are required for the proper functioning of one or more economic sectors and the Minister is satisfied that there is a shortage, referred to in section 15(1)(d), of those skills, experience or qualifications.

• (1I) The Minister may, having regard to section 3A and the matters specified in section 15, make regulations providing that no permits shall be granted in respect of any purpose referred to in section 3A(2) for a period as the Minister shall specify in the regulations.

• (1J) Where the Minister has made regulations under this section he or she shall from time to time carry out a review of the regulations having regard to section 15 and, without prejudice to the generality of the foregoing, the shortages and surpluses referred to in section 15(1)(d) in respect of the matters specified in the regulations pursuant to this section.

• (1K) Where under subsections (1) and (1A)(a), the Minister makes regulations providing for the maximum number of employment permits that may be granted in respect of a purpose or specified employments or categories of employments, whether the maximum number is provided for on the basis of an economic sector or otherwise, the Minister shall specify a period during which that maximum number of employment permits shall be granted.]

• F41[(2) In regulations under subsection (1) the Minister may, having regard to sections 3A and 14A and the matters specified in section 15, provide, in respect of each class of employment permit referred to in subsection (1), for—

• (a) one or more of the matters specified in subsection (1A) other than the matters specified in paragraphs (a), (c) and (d) of that subsection, and

• (b) any matter specified in subsections (1B) and (1D) to (1H),

in relation to the renewal, under section 20, of an employment permit and may, for each such class of employment permit in such regulations, make provision for such classes of employment permit in relation to any of the matters specified in paragraphs (a) and (b) in relation to such renewal that is different to the provision made by the Minister in relation to the grant of an employment permit under section 8 and may, in such regulations, make different provision for such classes of employment permit and such matters in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.]

• F42[(2A) The following modifications apply in respect of the regulations referred to in subsection (2):

• (a) the substitution of references to an application for the renewal of an employment permit for references to an application for the grant of an employment permit;

• (b) the substitution of references to a condition for the grant of the renewal of an employment permit for references to a condition for the grant of an employment permit;

• (c) the substitution of references to the grant of the renewal of an employment permit for the grant of an employment permit. ]

• F41[(3) Where regulations under subsection (1) are in force, the relevant powers of the Minister under this Act in relation to employment permits shall, subject to this Act, be exercised subject to, and in accordance with, those regulations.]

• (4) To avoid doubt F43[…] the preference required to be given by section 2(11) of the Act of 2003 to an application in respect of a foreign national referred to in that provision shall only be given if an employment permit, the subject of the application, could, consistently with the regulations referred to in subsection (3), be granted F42[, subject to this Act,] to the foreign national.

• F42[(5) The Minister may, having regard to paragraphs (d) and (e) of section 3A(2), section 14A and the matters specified in section 15, make regulations specifying—

• (a) the minimum period of employment for which a foreign national referred to in section 3D is employed with the foreign employer before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month, and

• (b) the minimum period of employment for which a foreign national referred to in section 3E is employed by the contractor before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month.

• (6) 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), and

• (b) those skills are required for an employment, or a category of employment, specified in regulations under this section as an employment or a category of employment for which an employment permit may be granted in respect of the purpose referred to in paragraphs (c) or (e) of section 3A(2),

the Minister may specify in regulations under this section the employments or categories of employments to which section 10A(2) shall not apply—

• (i) in respect of—

• (I) an employment, and

• (II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(c), and

• (ii) in respect of—

• (I) an employment, and

• (II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(e).

• (7) In this Act, "regulatory body" means a body which is concerned with regulating the entry to or the carrying on of, a profession or an employment in the State and includes a body established by or under any enactment.]

14A. F44[Remuneration relating to employments (Act Repealed)

14A.—(1) When specifying, in regulations made under section 14, an amount of remuneration for an employment or a category of employment, the Minister may have regard to the amounts of remuneration paid in respect of different employments and categories of employment.

• (2) Where—

• (a) regulations under section 14 specify a minimum annual remuneration referred to in section 14(1B)(a) that shall be payable in respect of an employment as a condition for the grant of an employment permit, and

• (b) the number of hours of work in each week for an employment in respect of which an employment permit may be granted as a condition for the grant of an employment permit in respect of it is—

• (i) less than 39 hours in each week, the minimum annual remuneration specified in regulations under section 14 in respect of an employment as a condition for the grant of an employment permit for that employment shall not be reduced in accordance with the lesser number of hours to be worked in each week, or

• (ii) greater than 39 hours in each week, the minimum annual remuneration specified in regulations under section 14 in respect of an employment as a condition for the grant of an employment permit for that employment shall be increased in proportion to the minimum hourly rate specified for the employment concerned in accordance with the number of hours, or any portion of an hour, that exceed, or exceeds, 39 hours.]

15. Criteria to which regard is to be had in making regulations under section14 . (Act Repealed)

15.—(1) The matters mentioned in subsections (1) and (2) of section 14 are—

• (a) the qualifications F45[, experience] or skills that, in the opinion of the Minister, are required for economic and social development and competitiveness F46[…]

• (b) the economic sector or sectors that, in the opinion of the Minister, will be involved in the achievement of such economic and social development and competitiveness,

• (c) the qualifications F45[, experience] or skills that, in the opinion of the Minister, are required for the proper functioning of such economic sector or sectors F46[…], and

• (d) if, in the opinion of the Minister, there is likely to be F46[…] a shortage or surplus in respect of qualifications F45[, experience] or skills falling within paragraph (c), an estimate as best the Minister may make (and which estimate the Minister is, by virtue of this section, required to make) of what the extent of that shortage or surplus will be.

• F47[(2) References in subsection (1) to qualifications, experience or skills are references to qualifications, experience or skills of employees.]

16. Revocation of employment permit. (Act Repealed)

16.—(1) The Minister may revoke an employment permit if—

• (a) in the opinion of the Minister, the holder of the permit or the employer F48[or connected person] has not complied with section 19(1) or (2),

• (b) the holder of the permit or the employer F48[, connected person or relevant person] has been convicted of an offence under this Act, F48[the Act of 2003, the Immigration Act 2004 or an enactment specified in Schedule 1].

• (c) in the opinion of the Minister, it was obtained by fraud or misrepresentation,

• (d) in the opinion of the Minister, any information provided in respect of the application for it was false or misleading in a material respect,

• F48[(da) in the case of an employment permit granted for the purpose specified in section 3A(2)(b) —

• (i) the primary permit holder referred to in section 3C(2)(a) has been redundant within the meaning of section 7(2) of the Act of 1967 for a period exceeding 6 months,

• (ii) the employment permit granted to the primary permit holder referred to in section 3C(2)(a) has been revoked, or

• (iii) the primary permit holder referred to in section 3C(2)(b) or the research project researcher referred to in section 3C(3)(b) no longer has the permission referred to in section 2(10)(d) of the Act of 2003,

• (db) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(d), in the opinion of the Minister the connected person or the foreign employer has failed to—

• (i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform duties for, or participate in a training programme provided by, the connected person, or

• (ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

• (dc) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(e), in the opinion of the Minister the contractor has failed to—

• (i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement concerned, or

• (ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

• (dd) the foreign national is not, in the opinion of the Minister—

• (i) employed in the employment specified, in accordance with section 9(2), in the employment permit,

• (ii) employed by the person referred to in section 8(2)(a)(i), or, as the case may be, the contractor referred to in section 8(2)(a)(ii), or the person referred to in section 8(2)(a)(iii), or

• (iii) employed by the foreign employer or is not carrying out the duties for, or participating in a training programme provided by, the connected person referred to in section 8(2)(b),

• (de) in the opinion of the Minister, the remuneration paid, insofar as it relates to the salary referred to in paragraphs (a)(i) and (b)(i) of section 1A(1), to the foreign national is less than the national minimum hourly rate of pay or the hourly rate referred to in section 12(6)(b),

• (df) without prejudice to paragraph (de), in the opinion of the Minister, the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated, pursuant to section 9(2), in the employment permit, or the deductions referred to in section 9(2), stated pursuant to that section in the employment permit, were different to the deductions made by the employer,

• (dg) the statement of earnings, referred to in section 3D or section 3E, does not comply with the requirements of section 3D(1)(c) or, as the case may be, section 3E(1)(b),]

• (e) the employment permit was granted by virtue of an administrative error, or

• (f) in the opinion of the Minister, it is in the public interest to do so.

• (2) Where the Minister decides to revoke an employment permit, he or she shall notify in writing the holder of the permit and the employer F48[or, as the case may be, the connected person] of—

• (a) the decision,

• (b) the reasons for it, and

• (c) the fact that F49[the holder or the employer or both of them, or, as the case may be, the holder or the connected person, or both of them, may], in accordance with regulations under section 29(3) and within 28 days from the date of notification of the decision, submit the decision to the Minister for review under section 17.

• (3) Subject to subsection (5) a decision to revoke an employment permit under this section shall, if such decision has not been submitted to the Minister for review under section 17 in accordance with that section, take effect on the expiration of the period mentioned in subsection (2)(c).

• (4) Where such a decision is submitted to the Minister for review under section 17 in accordance with that section, the revocation of the employment permit concerned shall, subject to subsection (5), not take effect until the review is determined (and the decision is confirmed on that review) or the submission of the decision for review is withdrawn.

• (5) Where, in the opinion of the Minister, the circumstances concerning the revocation of an employment permit are such that, having regard to the public interest, it is appropriate that the decision to revoke the permit should take effect immediately and he or she states that opinion in the notification of the decision under subsection (2), then the revocation shall take effect immediately on that notification.

17. Review of decision to revoke permit. (Act Repealed)

17.—(1) A decision of the Minister to revoke an employment permit, may, in accordance with regulations under section 29(3), be submitted by F50[the holder of the permit, the employer or the connected person] to the Minister for review under this section.

• (2) Such a submission of a decision for review shall be made within 28 days from the date the decision is notified under section 16(2) to the person.

• (3) A review under this section of a decision shall be carried out by an officer of the Minister appointed by the Minister for the purpose; the person so appointed—

• (a) shall not be the person who made the decision, and

• (b) shall be of a grade senior to the grade of the person who made the decision.

• (4) The person so appointed, having afforded the person who submitted the decision for review an opportunity to make representations in writing in relation to the matter, may—

• (a) confirm the decision (and, if the person does so, shall notify in writing the second-mentioned person of the reasons for the confirmation), or

• (b) cancel the decision.

• (5) If a decision to revoke an employment permit—

• (a) has, by virtue of section 16(5), taken effect on the notification of the decision to the holder, and

• (b) is, on a review under this section, cancelled,

then, in determining the period for which the employment permit shall remain in force, the period for which the permit ceased to be in force by virtue of section 16(5) shall be disregarded.

18. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit. (Act Repealed)

18.—(1) A person shall not—

• (a) forge a document purporting to be an employment permit,

• (b) alter an employment permit with intent to deceive,

• (c) use an employment permit with intent to deceive,

• (d) permit the alteration of an employment permit with intent to deceive,

• (e) permit the use of an employment permit with intent to deceive, or

• (f) use, with intent to deceive, a forged document purporting to be an employment permit.

• (2) A person who contravenes subsection (1) is guilty of an offence.

19. Prohibition on certain use of employment permit. (Act Repealed)

19.—(1) Where an employment permit has been granted F51[…]the employer F52[or the connected person] shall not purport to—

• (a) transfer the employment permit to another person,

• (b) use the employment permit to employ a foreign national other than the foreign national to whom it has been granted, or

• (c) use the employment permit in respect of an employment other than the employment in respect of which it has been granted.

• (2) The holder of an employment permit shall not purport to—

• (a) transfer the employment permit to another foreign national,

• (b) allow another foreign national to use the employment permit to enter into the service of an employer in the State or be in employment in the State, or

• F52[(c) use the employment permit to enter into a contract of employment in respect of an employment other than the employment in respect of which it has been granted.]

• (3) A person who contravenes subsection (1) or (2) is guilty of an offence.

20. Renewal of employment permit. (Act Repealed)

20.—(1) F53[Subject to subsection (1A), the Minister] may from time to time F54[…] renew an employment permit in accordance with this section.

• F55[(1A) An 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), and

• (b) section 3A(2)(i),

shall not be renewed.]

• (2) An application for the renewal of an employment permit shall be made either—

• (a) within such period before the expiry of the period for which it has been granted (or for which it has last been renewed under this section) as may be prescribed, or

• (b) within such period after the expiry of that period as may be prescribed.

• F55[(2A) An application for the renewal of an employment permit—

• (a) may be made by the holder of the employment permit concerned or the employer, or

• (b) where the application for the grant of the employment permit was made—

• (i) in accordance with section 4(2)(a), in respect of an employment referred to in subsection (3B) shall be made by the contractor concerned,

• (ii) in accordance with section 4(2)(b), in respect of an employment referred to in subsection (3A) shall be made by the connected person concerned, or

• (iii) in accordance with section 4(2)(c), shall be made by the person referred to in section 4(2)(c).]

• (3) The period for which an employment permit may be renewed shall, subject to F53[subsections (3A), (3B), (4), (11)(b), (12) and (13)], not exceed 3 years F54[…].

• F55[(3A) In the case of the renewal of an employment permit granted in respect of an employment referred to in section 3A(2)(d)(i), where the Minister is satisfied that the duties to be carried out for the connected person will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (3C), renew the permit in accordance with this section, for the period referred to in subsection (3) or where the remaining period in which those duties are to be completed is less than the period referred to in subsection (3), for the lesser period.

• (3B) In the case of the renewal of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), where the Minister is satisfied that the duties to be performed in the State pursuant to the contract service agreement will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (3C), renew the permit, in accordance with this section, for the period referred to in subsection (3) or where the remaining period in which those duties are to be completed is less than the period referred to in subsection (3), for the lesser period.

• (3C) The period for which an employment permit referred to in subsections (3A) and (3B) shall be in force whether granted or renewed, shall not exceed a period of 5 years from the date on which it was first granted.]

• (4) F53[Subject to subsection (4B), if, at the date] of the making of an application for the renewal of an employment permit, the period for which the permit has been in force (including the periods for which it has been previously renewed) is 5 or more years, then the period for which the permit may be renewed on foot of that application may be an unlimited period.

• F55[(4A) The person making the application for the renewal of an employment permit shall—

• (a) provide, with the application for renewal, information, documents and evidence as may be specified in regulations under section 29 in respect of the renewal of an employment permit, and

• (b) without prejudice to the generality of paragraph (a), in the case of an application for the renewal of an employment permit referred to in subsection (3A) or, as the case may be, subsection (3B), provide, with the application for renewal, information, documents and evidence as may be specified in regulations under section 29, in respect of the payment of the additional payment referred to in section 3D(2) or 3D(3) or, as the case may be, section 3E(2) or 3E(3), during the period for which the employment permit, that is the subject of the application for renewal, has been granted.

• (4B) Subsection (4) shall not apply to the renewal of an employment permit referred to in subsections (3A), (3B) and (13).]

• (5) An application for a renewal of an employment permit shall be accompanied by the prescribed fee.

• (6) The applicant for a renewal of an employment permit shall furnish to the Minister—

• (a) such information (being information of a similar nature to that referred to in section 6 F54[…]) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

• (b) if the Minister requests such a statement or evidence, a statement or evidence, in such form as the Minister specifies, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application for renewal.

• (7) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (6)(a).

• (8) F53[Sections 10, 11, 12 and 13] shall, with the modifications specified in subsection (9), apply to the grant of, or the refusal to grant, a renewal of an employment permit as they apply to the grant of, or the refusal to grant, an employment permit.

• F55[(8A) In addition to, pursuant to subsection (8), the grounds specified in section 12 for refusing an application for renewal, the Minister may refuse to renew an employment permit if—

• (a) the foreign national is not, in the opinion of the Minister—

• (i) employed in the employment specified, in accordance with section 9(2), in the employment permit,

• (ii) employed by the person referred to in section 8(2)(a)(i), or, as the case may be, the contractor referred to in section 8(2)(a)(ii), or the person referred to in section 8(2)(a)(iii), or

• (iii) employed by the foreign employer or is not carrying out duties for, or participating in a training programme provided by, the connected person referred to in section 8(2)(b),

• (b) in the opinion of the Minister, the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated, pursuant to section 9(2), in the employment permit or the deductions referred to in section 9(2), and stated, pursuant to that section, in the employment permit, were different to the deductions made by the employer,

• (c) the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

• (d) without prejudice to the generality of the foregoing, the granting of the application to renew the permit would contravene regulations under section 14 in so far as those regulations make provision for, pursuant to section 14(2), the renewal of an employment permit, or

• (e) the information, documents and evidence referred to in paragraphs (a) and (b) of subsection (4A) were not provided as required under those paragraphs.]

• (9) The modifications mentioned in subsection (8) are—

• (a) the omission of subsection (1)(b) from section 11,

• F55[(aa) in respect of section 10, construing references to—

• (i) the date of the application for an employment permit as references to the date of the application for the renewal of an employment permit, and

• (ii) the person who made the offer of employment as references to the employer of the foreign national in respect of whom the application for the renewal of an employment permit is made.]

• (b) the substitution of references to a decision of the Minister to refuse to grant a renewal of an employment permit for references to a decision of the Minister to refuse to grant an employment permit, and

• (c) any other necessary modifications.

• F55[(10) Notwithstanding the application, under subsection (8), of section 12 to the renewal of an employment permit, the Minister may, notwithstanding section 12(3), renew an employment permit in respect of an employment that—

• (a) at the date of the grant of such permit was an employment, specified in regulations under section 14, in respect of which an employment permit may have been granted or fell within a category of employment specified in regulations made under section 14 for which an employment permit may have been granted, and

• (b) at the date of the application for the renewal, is an employment, or falls within a category of employment, specified in regulations made under section 14 as an employment or category of employment for which an employment permit shall not be granted.

• (11) Where an application is made for the renewal of an employment permit granted in respect of the purpose specified in paragraph (c) or (d) of section 3A(2) and section 10(2A) applied in respect of such grant and, on the date the application for such renewal was made, 50 per cent or more of the employees of the employer or, as the case may be, the connected person, are not nationals referred to in section 10(2), the Minister shall not grant the renewal of the permit concerned unless—

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

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

and where the employment permit concerned is renewed, the period for which the employment permit is renewed shall not exceed 1 year.

• (12) Where a subsequent application is made for the renewal of an employment permit that was last renewed in accordance with subsection (11)(b), the Minister shall not renew the employment permit unless 50 per cent or more of the employees of the employer, or, as the case may be, the connected person, are nationals referred to in section 10(2) and where, pursuant to that subsequent application, the employment permit concerned is renewed, the period for which it is renewed shall not exceed 2 years.

• (13) Notwithstanding the application, under subsection (8), of section 10 to the renewal of an employment permit, where—

• (a) an application is made to renew an employment permit that was granted for the purpose referred to in paragraph (b), (c), (f) or (h) of section 3A(2),

• (b) on the day the application to renew the employment permit is made the holder in respect of whom that application is made is the sole employee of the employer concerned, and

• (c) at the time the application to grant the employment permit was made, section 10(2B) applied in respect of the grant of that employment permit,

section 10 shall not apply to that application to renew that employment permit.

• (14) The period for which an employment permit granted for the purpose referred to in section 3A(2)(b) may, under subsection (3), be renewed shall be the lesser of—

• (a) the period referred to in subsection (3), or

• (b) the period beginning on the date on which the employment permit is to be renewed 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.

• (15) Nothing in subsection (14) shall be construed as preventing an employment permit referred to in that subsection being renewed for a period that is less than the period specified in subsection (3) in circumstances other than those specified in subsection (14).

• (16) Where, on or after the coming into operation of sections 7 and 23 of the Employment Permits (Amendment) Act 2014, an application is made to renew an employment permit that was in force immediately before those provisions came into operation, and—

• (a) where that employment permit is renewed, it shall be renewed in respect of a purpose referred to in section 3A(2) and the Minister shall determine the purpose for which that employment permit is to be renewed having had regard to the employment in respect of which the employment permit that is the subject of the renewal had been granted and where appropriate, the foreign national concerned, and

• (b) in the case of an employment permit that the Minister has determined shall be renewed for the purpose referred to in section 3A(2)(c), but the remuneration to be paid in respect of the employment that is the subject of the application for renewal is less than the remuneration specified in regulations under section 14 for that employment or the category of employment into which the employment falls, such lesser remuneration shall not, notwithstanding section 12(3), operate to prevent the Minister from—

• (i) renewing that employment permit in respect of such purpose, or

• (ii) renewing that employment permit pursuant to any subsequent application for renewal.

• (17) Where, on or after the coming into operation of section 23 of the Employment Permits (Amendment) Act 2014, an application is made to renew an employment permit that was in force immediately before that section came into operation, notwithstanding subsection (8), section 10 shall not apply in respect of that application to renew that employment permit or to any subsequent application to renew that permit.]

20A. F56[Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(a) (Act Repealed)

20A.—(1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(a) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

• (2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and shall include the information and documents specified in section 20C.

• (3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies, within 6 months of the date of dismissal of that foreign national, and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(a) for—

• (a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

• (b) an employment for a different employment to that for which the employment permit referred to in subsection (1) was granted that is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted.

• (4) Where—

• (a) on the date an application referred to in subsection (3) is made, the type of employment referred to in subsection (3)(a) —

• (i) is no longer specified in regulations under section 14 as an employment, or no longer falls within a category of employment specified in those regulations, for which an employment permit may be granted in respect of the purpose referred to in subsection (1), or

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

and

• (b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted, was a dismissal by reason of redundancy,

the application may be made for that employment by a foreign national to whom this section applies notwithstanding that the employment is no longer an employment, or falls within a category of employment, for which an employment permit may be granted or is an employment, or falls within a category of employment specified in regulations under section 14 for which an employment permit shall not be granted.

• (5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for the employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

• (a) section 12(3) shall apply in respect of any other provision or requirement, specified in regulations under section 14 that is required to be satisfied, and

• (b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied.

• (6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted.

• (7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) —

• (a) the provisions of any regulations referred to in section 11(3), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and

• (b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4).

• (8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

• (9) Without prejudice to section 20C, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy.]

20B. F57[Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(c) (Act Repealed)

20B.—(1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(c) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

• (2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and include the information and documents specified in section 20C.

• (3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies within 6 months of the date of dismissal of that foreign national and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(c) for—

• (a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

• (b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that—