Employment Permits Act 2006
Number 16 of 2006
EMPLOYMENT PERMITS ACT 2006
REVISED
Updated to 27 October 2021
This Revised Act is an administrative consolidation of the Employment Permits Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Defence (Amendment) Act 2021 (33/2021), enacted 9 November 2021, and all statutory instruments up to and including the Employment Permits (Amendment) (No. 2) Regulations 2021 (S.I. No. 559 of 2021), made 27 October 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 2006
EMPLOYMENT PERMITS ACT 2006
REVISED
Updated to 27 October 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Employment Permits Acts 2003 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 1(3)). The Acts in the group are:
• Employment Permits Act 2003 (7/2003)
• Employment Permits Act 2006 (16/2006)
• Industrial Relations (Amendment) Act 2012 (32/2012), s. 16(1)
• European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 (21/2013), s. 4(2)
• Employment Permits (Amendment) Act 2014 (26/2014), other than Parts 4 and 5
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), Part 5 (s. 13)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)
• Workplace Relations Act 2015 (16/2015)
• Employment Permits (Amendment) Act 2014 (26/2014)
• Protected Disclosures Act 2014 (14/2014)
• Industrial Relations (Amendment) Act 2012 (32/2012)
All Acts up to and including the Defence (Amendment) Act 2021 (33/2021), enacted 9 November 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Employment Permits (Amendment) (No. 2) Regulations 2021 (S.I. No. 559 of 2021)
• Employment Permits (Amendment) Regulations 2021 (S.I. No. 286 of 2021)
• Employment Permits (Amendment) (No. 2) Regulations 2020 (S.I. No. 510 of 2020)
• Employment Permits (Amendment) Regulations 2020 (S.I. No. 156 of 2020)
• Employment Permits (Amendment) (No. 3) Regulations 2019 (S.I. No. 633 of 2019)
• Employment Permits (Amendment) (No. 2) Regulations 2019 (S.I. No. 333 of 2019)
• Employment Permits (Amendment) Regulations 2019 (S.I. No. 138 of 2019)
• Employment Permits (Amendment) (No. 4) Regulations 2018 (S.I. No. 550 of 2018)
• Employment Permits (Amendment) (No. 3) Regulations 2018 (S.I. No. 318 of 2018)
• European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)
• Employment Permits (Amendment) (No. 2) Regulations 2018 (S.I. No. 163 of 2018)
• Employment Permits (Amendment) Regulations 2018 (S.I. No. 70 of 2018)
• Employment Permits Regulations 2017 (S.I. No. 95 of 2017)
• Employment Permits (Trusted Partner) (Amendment) Regulations 2016 (S.I. No. 403 of 2016)
• Employment Permits (Amendment)(No. 2) Regulations 2016 (S.I. No. 363 of 2016)
• Employment Permits (Amendment) Regulations 2016 (S.I. No. 33 of 2016)
• Employment Permits (Amendment) (No. 2) Regulations 2015 (S.I. No. 602 of 2015)
• Employment Permits (Amendment) Regulations 2015 (S.I. No. 349 of 2015)
• Employment Permits (Trusted Partner) Regulations 2015 (S.I. No. 172 of 2015)
• Employment Permits (Amendment) Regulations 2014 (S.I. No. 506 of 2014)
• Employment Permits Regulations 2014 (S.I. No. 432 of 2014)
• Protected Disclosures Act 2014 (Commencement) Order 2014 (S.I. No. 327 of 2014)
• Employment Permits Act 2006 (Prescribed Fees and Miscellaneous Procedures) Regulations 2006 (S.I. No. 683 of 2006)
• Employment Permits Act 2006 (Commencement) Order 2006 (S.I. No. 682 of 2006)
• European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006)
All statutory instruments up to and including the Employment Permits (Amendment) (No. 2) Regulations 2021 (S.I. No. 559 of 2021), made 27 October 2021, were considered in the preparation of this revision.
Number 16 of 2006
EMPLOYMENT PERMITS ACT 2006
REVISED
Updated to 27 October 2021
ARRANGEMENT OF SECTIONS
Section
1A. Definition of ‘remuneration’.
2. Amendment of section 2 of Act of 2003.
3. Further amendment of Act of 2003.
3A. Different purposes in respect of which an employment permit may be granted.
3B. Recommendation by enterprise development agency.
3C. Spouses, civil partners and certain dependants relating to section 3A(2)(b).
4. Application for employment permit.
5. Foreign national is grantee of permit, general provisions as respects applications, etc.
6. Application (other than by a foreign national) for permit — information to be provided.
7. Application by foreign national — information to be provided.
8. Grant of employment permit by Minister.
9. Original of permit to be issued to foreign national, information to be included in permit, etc.
10. Restriction on grant of employment permit.
10A. Establishing need for grant of certain employment permits.
11. Consideration by Minister of application for employment permit.
12. Refusal to grant employment permit.
13. Review of decision to refuse permit.
14. Regulations governing grant of permits, etc.
14A. Remuneration relating to employments.
15. Criteria to which regard is to be had in making regulations under section 14 .
16. Revocation of employment permit.
17. Review of decision to revoke permit.
18. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit.
19. Prohibition on certain use of employment permit.
20. Renewal of employment permit.
20D. Sections 20A and 20B: supplemental provisions.
21. Effect of order under section 3 or 4 of Immigration Act 1999.
23. Prohibition on deduction from remuneration and retention of personal documents.
24. Surrender of employment permit.
25. Provision of false or misleading information in relation to application under section 4 or 20 .
26. Prohibition on penalisation.
28. Register of employment permits.
30. Further provisions in relation to regulations.
32. Penalties and proceedings.
33. Offences by body corporate.
34. Presumption that a person is being employed.
35. Evidence through television link.
37. Data exchange in respect of certain matters.
39. Amendment of section 1(1) of Act of 2003.
41. Short title, collective citation, construction and commencement.
Enactments offences under which fall within section 12 (1) (c)
Acts Referred to
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1988, No. 27 |
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2001, No. 19 |
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1963, No. 33 |
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1990, No. 33 |
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1982, No. 10 |
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1981, No. 11 |
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2000, No. 27 |
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1971, No. 27 |
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2003, No. 7 |
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European Communities Acts 1972 to 2003 |
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1999, No. 22 |
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2004, No. 1 |
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1946, No. 26 |
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1990, No. 19 |
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1956, No. 26 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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2000, No. 5 |
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1997, No. 20 |
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1991, No. 25 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
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1984, No. 21 |
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2003, No. 29 |
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2001, No. 45 |
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1996, No. 16 |
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1967, No. 21 |
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1996, No. 17 |
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2005, No. 10 |
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Unfair Dismissals Acts 1977 to 2005 |
Number 16 of 2006
EMPLOYMENT PERMITS ACT 2006
REVISED
Updated to 27 October 2021
AN ACT TO PROVIDE FOR THE GRANT OF EMPLOYMENT PERMITS TO CERTAIN FOREIGN NATIONALS FOR THE PURPOSE OF PERMITTING THEM TO BE IN EMPLOYMENT IN THE STATE, TO ENABLE THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT TO MAKE, HAVING HAD REGARD TO CERTAIN CRITERIA, REGULATIONS IMPOSING A LIMIT ON THE NUMBER OF SUCH PERMITS THAT MAY BE GRANTED IN A PARTICULAR PERIOD AND IMPOSING CERTAIN OTHER RESTRICTIONS WITH REGARD TO THE GRANT OF SUCH PERMITS, TO OTHERWISE REGULATE THE EMPLOYMENT OF CERTAIN FOREIGN NATIONALS IN THE STATE AND PROVIDE CERTAIN PROTECTIONS FOR FOREIGN NATIONALS IN EMPLOYMENT IN THE STATE, TO AMEND THE EMPLOYMENT PERMITS ACT 2003 AND TO PROVIDE FOR RELATED MATTERS.
[23rd June, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Employment Permits Acts restricted (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 11(12), in effect as per reg. 1(2).
Labour market access permission
11. ...
(12) The Employment Permits Acts 2006 to 2014 shall not apply to a non-national (within the meaning of that Act) who is an applicant or a recipient.
...