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The Minister for Enterprise, Trade and Employment recently moved for a second reading of the Employment Permits Bill 2005. While we fully anticipate enactment of the Bill, indications are that this may not occur for a few months.
In its existing format, the Bill appears to have two key objectives:
- It creates a statutory framework designed to manage Ireland’s future economic migration policy. Very broadly, the framework proposes a three pillar structure for work authorization described as: Green Cards, an Intra-Company Transfer Scheme and a revised Work Permits system; and
- Specific simple and transparent protection measures for migrants working in Ireland.
The proposed Green Card system will replace the existing Work Visa/Work Authorisation system and will be available for occupations designated as having high level or strategic skills shortages. In his statement, the Minister indicated that an extensive list of occupations will be announced for high level jobs, and individuals in those categories will be eligible to apply for a Green Card, providing the annual salary offered (excluding bonuses) is in excess of 60,000 euros. To address those areas for which skill shortages exist in Ireland but not necessarily at management level, a restricted list of occupations will also be released and Green Cards will be available, providing the annual salary offer is in the range of 30,000 to in excess of 60,000 euros. Three further key features of the Green Card system are:
- The validity period will be for two years initially, with possible future long-term or permanent residence thereafter
- Spouses plus family will be eligible for immediate entry; and
- The Green Card holder’s spouse will be authorized to take up employment in Ireland.
The second pillar within the statutory framework provides for the re-establishment of the Intra-Company Transfer Scheme. Only key management level temporary transfers will be eligible to apply to transfer to an Irish entity within a company or group of companies under this pillar.
The third pillar within the statutory framework provides for the issue of work permits for positions offering an annual salary below 60,000 euros in an occupation that is not eligible for a Green Card. Work permits may also be granted if the annual salary is below 30,000 euros, but only for occupations where there is a significant labor shortage.
The Bill proposed to impose serious penalties for offences under the new legislation, comprising fines up to a maximum of 50,000 euros and/or imprisonment from twelve months up to five years.
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