Dáil Éireann Debate, Monday - 11 September 2023
592. Deputy Paul Kehoe asked the Minister for Enterprise, Trade and Employment if clarity could be provided regarding the way a new company pursues an application for a sports and culture visa (details supplied); and if he will make a statement on the matter. [39180/23]
View answerThe Employment Permits Section of the Department informs me that in order for an employer to meet the eligibility criteria for a Sport and Cultural Employment Permit, the following criteria must be fulfilled:-
• Applications will only be accepted from employers who are registered with the Revenue Commissioners and, if applicable, with the Companies Registration Office/Registry of Friendly Societies and which are currently trading in Ireland.
• An employer–employee relationship must exist in that the prospective employees concerned must be employed, salaried and paid directly by the employer.
• An Employment Permit will not issue unless at the time of the application 50% or more of the employees of the firm are EEA nationals.
• A Labour Market Needs Test is not required for a Sport and Cultural Employment Permit.
Employment Permits Section does not issue employment permits to any employer who is not registered as an employer with the Office of the Revenue Commissioners. If the employer is a newly established employer and is unable to provide a copy of a statement issued by the Revenue Commissioners showing the monthly return made by the employer dated within the three-month period preceding the application, a copy of an official letter from Revenue confirming registration as an employer, date of registration and the ERN (Employers Registered Number) would be accepted.
Further information in relation to Sport and Cultural Employment Permits is available on the Department’s website and can be accessed through this link:- Sport and Cultural Employment Permit - DETE (enterprise.gov.ie).
It should be noted that all employment permits granted are employer and employee specific and therefore cannot be transferred from one employer to another. From the details supplied it appears that the prospective employees currently hold Sport and Cultural Permits in respect of employment for another entity. In order for the persons concerned to enter employment with a new employer they will need to obtain new employment permits.
Permit holders employed in the State based on their first employment permit are expected to remain in that employment for a minimum period of 12 months from the commencement of the employment before considering applying for a new employment permit. This provision attempts to strike a reasonable balance between, on the one hand, the employer’s expectations that the individual will remain in his or her employment for a reasonable period given the costs involved in recruitment and, on the other hand, not unduly binding them to the employer. This is commonly referred to as the 12-month rule.
There are a number of exceptions to the 12-month rule. This includes redundancy, or where circumstances (unforeseen at the time of the application) arise in their employment that fundamentally changes the employment relationship (for example, the employer plans to change the location of the business to a site a significant distance from its current location, or the hours that s/he work are being significantly changed, or significant changes are being made to the nature of the work that they are required to do), an employment permit may be granted for an alternative, eligible job before 12 months have elapsed from the date the employment started. In cases where the 12-month rule would apply, documentation which demonstrates that such circumstances apply to the individual concerned would be required to be submitted with a subsequent application.
All permit holders are also required to notify this Department if their employment terminates within a period of 4 weeks from the date of cessation of the employment. Failure to do so is an offence under employment permit legislation.
Information is provided on the Department’s website in relation to employment permits including information on changing employer, latest developments and an FAQ document which answers the majority of the most common questions, all of which are available through this link - Employment Permits - DETE (enterprise.gov.ie).
