Administrative, Legislative and Operational Developments

A number of developments related to economic migration occurred in recent years. Many of these developments, particularly with regard to employment permit holders, continued to have effect during 2012. Administrative arrangements for eligible individuals who have been in possession of work permits for at least five years, or who have been made redundant, continued to be available during 2012 on a more mainstreamed basis. Initial arrangements for both groups were introduced in October 2009 and concerned persons working in Ireland in possession of a work permit or work authorisation (or combination of a work permit and a spousal/dependant permit) for at least five years and who have been made redundant.

In November 2010 updated immigration arrangements concerning those eligible under the five year worker and redundancy policy were introduced with

• Percentage of females, part time workers, persons older than 55 years in the overall employment of each occupation group

• Unemployment levels in occupational groups

• Percentage of non-Irish in the total employment in occupational groups • Annual average employment growth rate for the previous five years • Number of new employment permits issued

• Reports and results of SLMRU Recruitment Agency Survey

• Replacement rates for each occupation i.e. the share of employment which is expected to be lost each year as a result of workers moving to other occupations, retirement, illness, emigration or death.

102 _{Quinn, E. (2010) Satisfying Labour Demand Through Migration: Ireland. Dublin: ESRI. Available at www.esri.ie.} 103 _{Expert Group on Future Skills Needs (2012). National Skills Bulletin 2012. Available at www.skillsireland.ie.}

immediate effect,104 _{and saw a consolidated set of policies introduced including a}

general scheme for current holders of work permits (including Spousal/ Dependant permits) and work authorisations/visas for at least five consecutive

years exempted105 _{from the requirement to hold a work permit on the next}

renewal of their immigration registration.106 _{Qualifying persons may work in any}

employment and will not be restricted to their current employer. In the case of redundancy, they are eligible to seek other employment. Qualifying persons are issued with a ‘Stamp 4’107 _{immigration permission on a one-year renewable basis.}

This applies equally to those who are still in employment and to those with a work permit who, having completed five years’ work, have since been made redundant. In the case of persons working in Ireland on a work permit for less than five continuous years and who have become redundant involuntarily, and those with five or more years residency but not eligible for the aforementioned waiver, a six-month ‘grace period’ is available under which they can seek alternative work without requirement for a labour market needs to be applied. In the case of persons who have held a permit for five continuous years but do not qualify for a ‘Stamp 4’ permission, they will be issued with a temporary ‘Stamp 1’ permission and should apply for a new employment permit upon receipt of a new job offer. In the case of an employment permit holder becoming redundant, the associated permit held by their spouse or dependant under that scheme will continue to be valid for six months only from the date on which the primary permit holder was made redundant.108

During 2012 the Department of Jobs Enterprise & Innovation (DJEI) stated that it had reviewed its processes and identified a number of improvements and opportunities which will enhance the employment permit regime for the benefit of the economy. This included working with Department of Justice and Equality to provide a more coherent service across the employment permit regime and visa

104 _{Irish Naturalisation and Immigration Service (2010). ‘Policy for 5 year workers and redundant workers’. Available at} http://www.inis.gov.ie/en/INIS/Pages/Policy%20for%205%20year%20workers%20and%20re dundant%20workers. 105 _{Persons not meeting the exemption criteria will be issued with a ‘Stamp 1’ for three months and referred back to the}

Employment Permit Section of the Department of Jobs, Enterprise and Innovation where they will be required to apply for either a renewal or an unlimited employment permit. See http://www.djei.ie/labour/workpermits/fiveyearspermits.htm.

106 _{Work authorisations were not issued beyond 2006.}

107 _{Persons who satisfy the eligibility criteria for this concession will be issued a ‘Stamp 4’ immigration permission for one} year signifying the right to be present in Ireland and to be employed without a work permit. Terms and conditions include:

• Permissions granted may be renewed annually

• Persons granted the permission are expected to work and to support themselves and any dependants and, if made redundant, the person concerned must seek new employment

• The holder of this permission cannot become an undue burden on the State

• The holder of this permission will be free to work in any employment and will no longer be limited to the current employer. Should they subsequently be made redundant they are free to seek other employment

• It is not long term residence and it cannot be seen as any guarantee of permanent status • The Stamp 4 in this situation allows the person to establish a business or become self-employed

• The concession is being made irrespective of whether the person is currently an applicant for Long Term Residence. See http://www.inis.gov.ie.

108 _{Department of Jobs, Enterprise and Innovation (2013).‘Employment Permits holders who have been made redundant’.} Available at www.djei.ie/labour/workpermits/redundant.htm.

regime including policy convergence, greater information sharing and unified communications from both Departments in respect of labour market access, and improving information on the DJEI website to better explain the employment permit system and the supporting policies and procedures.109

3.1.6 New Immigration Arrangements for Non-EEA Doctors in the Public

Health Service

Following a review of immigration registration arrangements in place since June 2010, the Irish Naturalisation and Immigration Service, the Department of Jobs, Enterprise and Innovation, the Department of Health and the Health Service Executive agreed reviewed immigration arrangements for non-EEA doctors recruited to the Irish public health service and effective as from November 2012. As from 1 November 2012, doctors presenting for registration or renewal at an immigration office would be provided with a ‘Stamp 1’ permission for two years upon production of a valid passport, letter of appointment for the public health service and an (endorsed) certificate of registration from the Irish Medical Council. Locums or doctors working in the private health sphere are not eligible. Exceptions apply for doctors in the trainee specialist division, those registered in the ‘Supervised Division’ of the Irish Medical Council’s Register and those doctors already on a ‘Stamp 4’ permission.110