Ireland operates a managed employment permits system, maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The regime is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills or labour shortages in the State in the short to medium term.
Details and information on the current guidelines and procedures for obtaining employment permits for companies who are trying to secure employment permission for foreign nationals who are seeking employment opportunities in Ireland are available on the Department website through the following link: enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/employment-permit-eligibility/.
Before a decision is made on whether to grant or refuse an employment permit, the Department assesses all of the information provided in the application, to determine whether the role is eligible for a permit. As part of this process, the salary, job title, educational qualifications, description of the duties required for the role, job specification and the nature of the business are considered. Based on the overall assessment of an individual application, the Department arrives at a decision on whether the role is one in respect of which there is a critical skill need in Ireland that cannot be filled by an Irish or EEA national.
In this instance, both the processor and reviewing officer arrived at a determination that the type of work proposed to be performed by the applicant was not eligible for an employment permit. It should be noted that an employment permit for a chef position will not issue where the nature of the business is catering, fast food, or where food is prepared in bulk for speed of service rather than to individual order.
