Update on Redundancy Policy and Provisions for 5 year workers

Update on

(1) Redundancy Policy in respect of Non-EEA Migrant Workers

(2) Provisions for 5 year workers

Following the announcement on 28 August 2009 of new arrangements for non-EEA migrant workers who are made redundant and in response to further queries received it was decided to issue an updated and consolidated set of guidelines.

In addition to the existing provisions for employment permit holders the new guidelines will now also cover non-EEA nationals who are living and working in Ireland under the Work Authorisations and Working Visas Scheme (see below).

The guidelines have been updated to reflect the revised arrangements announced by the Department of Enterprise Trade and Employment regarding labour market tests.

These guidelines replace all previous versions.

NB:   It should be noted that the arrangements set out here reflect the current policy.  Immigration policies are kept under on-going review and are subject to change at a future date at the discretion of the Minister. 

Outline of Policy

There are two elements to the new policy.   In summary these are

  1. Provision for the exemption, subject to conditions, from the requirement to hold an employment permit, of lawfully resident persons who have worked for 5 consecutive years or more and who currently hold a valid employment permit issued by the Minister for Enterprise Trade and Employment.    This concession will be applied also to lawfully resident persons who have worked for 5 consecutive years or more and currently hold a working visa or a work authorisation issued under the Working Visa/Work Authorisation Scheme .
    More information can be found on the page. Provisions for 5 year workers 
  2. An extension of the time within which migrant workers made redundant involuntarily, are required to find new employment and obtain an employment permit without losing their immigration status.
    More information can be found on the page. Redundancy  

Explanatory Note: Prior to the implementation in 2007 of the Employment Permits Act  2006, a scheme was operated whereby persons were authorised to work in specific sectors of the economy without the need for an employer specific permission.   This Scheme was the Working Visa/Work Authorisation Scheme and was in operation from June 2000 to 31 December 2006.  The Working Visa/Work Authorisation was evidenced by a sticker in the passport setting out the sector to which employment was restricted.  While no new stickers were issued after the scheme expired those already in the system were renewed as required.  Individuals who hold a Working Visa/Work Authorisation under the Scheme would hold Immigration Stamp 4 and these would have been renewed on a 2 year basis.

27 October 2009
 

 

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