by Colm Collins, Director in Fragomen’s Dublin office
On 25 June 2024, President Higgins signed the long-awaited Employment Permits Bill 2022 into law. While the Act will need to be commenced by the Minister of Enterprise, Trade and Employment, with adjoining employment permit regulations required to be established and passed, the Act arguably signals the next stage in the maturation of “Ireland, Inc.” into a premier destination to which global businesses, and their labour talent, can relocate.
For those working on the front lines of Ireland’s business immigration industry, this legislation has been a long time coming. Since Fragomen established its Dublin office in 2017, firm professionals have seen first-hand the remarkable stories of many global and local businesses operating in the country, partnering with them and their employees through the ups and downs of their industries to navigate the impact of geo-political events in the ensuing years.
A noteworthy highlight that coalesces with Ireland’s growth story is that of the Department of Enterprise, Trade and Employment (DETE’s) statistics for Employment Permits issued each year, which has seen an approximate 235% increase in permits issued between 2017 and what’s expected in 2024.
Those numbers are shocking, and likely most surprising for those advising on, drafting and filing these applications, but the new legislation is certainly timely and provides an even more robust framework for the government to react to labour market changes with more agility than ever before.
This kind of agility is crucial for modern business as market forces are evolving at pace, and the increased volatility of the global marketplace now requires immigration policy to be dexterous to keep Ireland a competitive place to do business.
Government focus
While awaiting the specifics of the new Employment Permits policy upon finalisation and implementation of the regulations, the Act itself offers insights into the government’s priorities for advancing the system.
Some highlights that have caught the attention of the media and key business groups are based around the new “seasonal” Employment Permit, a much-needed revision of the “labour market needs test” that provides a new framework to allow non-EEA nationals already working on a permit to move to a new employer more easily.
All of these changes warrant further analysis and commentary as their practical applications unfold over the coming weeks and months, but one less-heralded theme that has also manifested in initial readings of the Act is, perhaps unsurprisingly, an increased scrutiny of compliance.
The Department’s compliance focus is something that has evolved in real-time and is a topic that should garner employers’ attention as much as any other topic in the new legislation. It remains to be seen what practical policy measures are put in place for the Department’s intentions as it pertains to the monitoring, tracking and reporting of changes to a non-EEA’s employment in the State, but what is clear from the Act is that there is an intention from the DETE to expect more from employers to ensure their immigrant population are both protected and compliant in their existing roles.
This is a trend that has emerged in the last 18 months through greater scrutiny of application submissions from processing officers in matters like employment contracts and workplace locations and is likely to be influenced, to some extent, by the wider immigration debate that will play such a key role in the forthcoming elections in Ireland.
About the author
Colm Collins is a Director in Fragomen’s Dublin office, where he is responsible for managing immigration teams that work directly with local and multinational clients’ HR, global mobility and talent acquisition teams. These clients span multiple industries, including technology, financial services, energy and professional services.
Colm has over twelve years of experience in immigration, where he’s managed in-house global mobility programmes and provided immigration services in both Ireland and Canada. He has extensive experience in large-scale immigration programme management, through to the delivery of employment authorisation, visa and residence permit permissions. Colm has provided strategic immigration and mobility support to clients in areas such as compliance audits, redundancy support, large-scale people movement projects, VIPs and government advocacy.
