12. (1) Subject to subsections (2) and (4) and section 31(1), an application for the grant of an employment permit in respect of the employment in the State of a foreign national may be made by—

(a) the person proposing to employ the foreign national, or

(b) the foreign national.

(2) Subject to subsections (4) and (5)—

(a) where the application is made in respect of an intra-company transfer employment permit, the application shall be made by the connected person concerned,

(b) where the application is made in respect of a contract for service employment permit, the application shall be made by—

(i) the contractor, or

(ii) where the foreign national concerned is employed by a subcontractor, the subcontractor,

(c) where the application is made in respect of a foreign national who is employed under a contract of employment referred to in paragraph (b) of the definition of “contract of employment”, the application shall be made by the employment agency with whom the foreign national has entered into that contract of employment, or

(d) where the application is made in respect of a seasonal employment permit, the application shall be made by the person proposing to employ the foreign national who is, at the time of the making of the application, an approved seasonal employer.

(3) An application shall, irrespective of who the applicant is, be expressed to be an application for the grant under section 19 of an employment permit to the foreign national proposed to be employed in the State pursuant to the permit (in this Act referred to as the “foreign national concerned”).

(4) Subject to section 23, an application under this section, other than an application referred to in subsection (5), shall not be made unless an offer of employment in the State has been made in writing to a foreign national within such period, preceding the application, as may be prescribed.

(5) An application—

(a) in respect of an intra-company transfer employment permit, shall not be made unless the application is accompanied by confirmation in writing that the foreign national concerned is required, pursuant to his or her employment with a foreign employer, to carry out duties in the State for, or participate in a training programme provided in the State by, a connected person in an employment referred to in section 9(2)(d)(i) or (ii), and

(b) in respect of a contract for service employment permit, shall not be made unless the application is accompanied by confirmation in writing that the foreign national concerned is required, pursuant to his or her employment with the contractor or subcontractor concerned, to perform duties in the State that arise out of a contract service agreement.

(6) When making an application for the grant of an employment permit, the person making the application shall identify the person who, in the event an employment permit is granted in respect of the application, is or will be the employer of the foreign national concerned in relation to the employment in respect of which the application is made.

(7) When making an application for the grant of an employment permit, the person making the application shall specify the purpose, referred to in section 9(2), in respect of which the application is made.

(8) An application in respect of a critical skills employment permit shall not be made unless the duration of the employment in respect of which the application is made is for a period not less than the period prescribed in respect of that employment for the purposes of this subsection.

(9) An application in respect of an intra-company transfer employment permit or a contract for service employment permit shall not be made in respect of a foreign national who is employed under a contract of employment referred to in paragraph (b) of the definition of “contract of employment”.

(10) An application shall not be made for the grant of an employment permit in respect of an employment where, in the 6 months preceding the day on which the application is made—

(a) a person was employed in the employment that is the subject of the application, and

(b) that person was dismissed by reason of redundancy from that employment within that period of 6 months.

(11) An application for an employment permit shall be in writing and, subject to subsection (12), be accompanied by such fee (if any) as may be prescribed.

(12) (a) The fee referred to in subsection (11) shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for an application shall not be payable.