Updates to non-EU work permits will help firms fill critical roles

Ireland's employment permit system remains competitive, but the wider immigration journey often presents challenges for employers and foreign nationals

Colm Collins, practice leader in Dublin office of Fragomen, the global immigration-focused support service for professionals.

The Irish government recently made a total of 32 changes to jobs eligible for an employment permit, opening up new roles to skilled non-EU workers.

Minister for Enterprise, Tourism and Employment Peter Burke, and Minister of State with Special Responsibility for Retail, Small Businesses and Employment Alan Dillon, announced the series of updates at the end of May to Ireland’s employment permits system to address ongoing skills and labour shortages across key sectors.

• 6 roles are recommended to be made eligible for Critical Skills Employment Permits (CSEPs). 
• 9 roles are recommended to be made eligible for General Employment Permits (GEPs) (without quota).
• 2 roles are recommended to be made eligible for GEPs subject to newly established quotas.
• 15 roles are recommended to have their existing GEP quotas renewed.

The Government has also approved a proposal by Minister Burke to begin preparations to amend the Employment Permits Act 2024 with regard to the criteria that restricts the number of employment permits individual employers can hold (50:50 Rule).  

The “50:50 rule” means an employer must ensure at least 50% of its workforce are UK/EEA nationals. This is to implement findings of an internal review of the impact of this rule on the health and social care sector.

While the majority of sectors do not report issues meeting the 50:50 rule, the issues currently faced by the health and social care sector, including continuity of patient care, are of concern. In the case of Healthcare Assistants, in Nursing Homes, Disability Care, and Homecare flexibility within the 50:50 rule is required to sustain long-term care capacity and manage Ireland’s demographic and fiscal trajectory.

In this Q&A interview, we asked Colm Collins, practice leader in Dublin office of Fragomen, to assess what these changes to the work permit regulations will mean for Irish-based companies looking to recruit talent from overseas.

Fragomen is a global firm of more than 5,500 immigration-focused professionals and staff spanning more than 70 offices worldwide. Immigration has been the firm’s focus for 75 years; the firm currently offers its support services in more than 170 countries. 

Do you welcome the government's recent 32 changes to make more jobs eligible for an employment permit? 

This update to the employment permit system is very welcome. Despite headwinds in the macroeconomy, many Irish and multinational employers continue to face serious challenges hiring key skills locally and are increasingly looking internationally to fill critical roles. Expanding eligibility for employment permits gives employers greater access to the talent they need when suitable candidates cannot be found in the domestic labour market. But more can be done. Certain sectors, such as construction and hospitality, are still struggling to attract local candidates to meet some of the core growth areas in the Irish economy. As Ireland seeks to compete on the world stage for talent, a dexterous employment permit system that can continue to engage with employers and listen to their needs will be necessary to help organisations meet their growth targets.

Are there other changes that could also prove beneficial to workers and the economy in general?

Ireland’s rules-based immigration system is seen as a competitive system globally, but the steady increase in application processing delays for various visa types, and in-country renewals, is starting to show strain on employers and their employees. Increasingly, we are seeing questions from TDs in the Dáil asked to the relevant government ministers relating to individuals directly affected by processing delays, leading to people’s immigration status expiring or people waiting months to begin working or relocate their families to Ireland, and we are seeing this ourselves on a daily basis. A fully functioning employment permit process is only one limb of Ireland’s immigration system, and the processing delays we are seeing at the entry visa and residence card renewal phase of the system are starting to seriously impact organisations and their non-EEA employees across all levels and industries.

Do you welcome the new amendment to “50:50 rule” obliging employers to ensure at least 50% of its workforce are UK/EEA nationals? 

The 50:50 rule remains an important element of Ireland's employment permit framework and helps ensure employment opportunities are maintained for Irish, UK and EEA citizens. We welcome the government's recognition that greater flexibility may be needed in sectors such as health and social care, where employers continue to face significant workforce shortages. These organisations are often staffed to levels akin to SMEs, and as a result it does not take significant international hiring to quickly reach the 50:50 threshold. A loosening of hiring restrictions in this sector, and possibly others, will be necessary to ensure Ireland is prepared to face the hiring needs in these sectors as our population ages.

Would you suggest any other changes to make Irish work permits more attractive to global talent?

Ireland's employment permit system remains competitive internationally, but the wider immigration journey often presents challenges for employers and foreign nationals. In particular, lengthy processing times for certain entry visas and in-country residence permit renewals can significantly delay recruitment and create uncertainty for both employees and their families. In some cases, individuals wait months after receiving an approved employment permit before they can relocate and begin work. Delays to residence permit renewals can also affect people's ability to work, travel and maintain continuity of immigration status. At a time when Ireland is competing globally for highly skilled talent, efficient and predictable processing is essential. Continued investment in immigration processing capacity and stronger coordination across government departments would help ensure Ireland remains an attractive and reliable destination for international talent.