Factsheet - Critical Skills Employment Permit

Purpose

The Critical Skills Employment Permit (CSEP) is designed to attract highly skilled workers from outside the European Economic Area (EEA), Switzerland and the United Kingdom to fill specific roles in sectors where there is a shortage of qualified individuals. Its purpose is to boost Ireland's economy by bringing in skilled professionals in growth-critical areas, particularly in sectors such as information technology, engineering, healthcare, professional and financial services.

Eligibility requirements

The Department of Enterprise, Tourism and Employment (DETE) examines various criteria to ensure the employer, and the prospective employee are eligible for a CSEP.

An offer from a bona-fide employer

• The employer must be based and trading in Ireland.
• The employer must be registered as an employer with the Revenue Commissioners of Ireland and, where applicable, the Companies Registration Office or Register of Friendly Societies.

Offer of employment for at least two years

• There must be an offer of employment for at least two years in duration.

Satisfaction of the 50:50 Rule

• 50% or more of the employer's employees must be EEA/ Swiss/UK nationals at the time of application.
• This restriction may be waived for start-up companies.

Critical Skills Occupation List

• The Critical Skills Occupations List is an exhaustive list of occupations the DETE accepts as being in shortage in respect of the qualifications, experience or skills which are required for the proper function of of the economy.

Minimum Remuneration

• Occupations with a minimum annual remuneration of €38,000, but less than €64,000, must be listed on the critical skills occupations list to be eligible for a CSEP.
• A CSEP is available to most occupations with an annual remuneration over €64,000, except those listed on the Ineligible List of Occupations for Employment Permits or those which are contrary to the public Interest.
• Minimum remuneration thresholds are based on a 39-hour working week and will differ if the employee is contracted to work more or less than 39-hours per week.

Qualifications, skills or experience required for the employment

• The prospective employee must hold a relevant third level degree or higher, if the minimum annual remuneration is more than €38,000, but less than €64,000.
• The prospective employee does not need to hold a relevant third level degree or higher if the minimum annual remuneration is over €64,000, but they must have the necessary level of experience which is relevant to the role and sufficient to meet the employer's requirements.

Recognised bodies

• For certain occupations, the individual must be registered with, or have their qualifications recognised by, a relevant regulatory body to be eligible for a CSEP.

Fees

The processing fee for a CSEP is €1,000.

Conditions

All employment permits are employer, occupation and location specific. The CSEP allows the prospective employee to be employed in Ireland by the named employer and in the occupation and at the location/s specified on the CSEP.

The CSEP holder must commence employment with the employer within 6 months of the employment permit being issued.

CSEP holders are expected to stay with their initial employer for a minimum period of 9 months. The DETE won't consider an application for a new employment permit or the transfer of their employment permit if less than 9 months has elapsed since the CSEP holder first started employment in Ireland under an employment permit.

However, where either of the following circumstances apply, the DETE may permit an employment permit holder to change employer if they have not completed 9 months employment in Ireland with their employer:

• The employment permit holder is made redundant.
• Circumstances, unforeseen at the time of application, arise that fundamentally change the employment relationship.

Visas

If the CSEP holder is a national of a non-visa required country, they may relocate to Ireland immediately to start employment with their employer if they are not already in Ireland.

If the CSEP holder is a national of a visa-required country, they will need a Long Stay Employment ‘D' Visa to relocate to and to enter Ireland if they are not already in Ireland.

Registration

Non-EEA/UK/Swiss nationals intending to relocate to Ireland to work for more than 90 days must register their immigration status with the DOJ's Immigration Service Delivery (ISD). Registration must be completed within 90 days of arrival and must be done in person at a registration appointment. Once registered, they will be issued with their Irish Residence Permit Card (IRP Card).

The IRP card is an individual's immigration certificate for Ireland and will evidence that they have registered their immigration status with the ISD and what permit type or Stamp the individual has to live and/or work in Ireland. CSEP holders are issued with a Stamp 1.

Renewals

A CSEP holder whose employment permit and IRP Card is due to expire and who has completed 21 months' employment in Ireland on their CSEP is not required to apply to renew their CSEP through the DETE. Instead, they can apply directly to the ISD for a Stamp 4, which will allow them to reside and work in Ireland without the requirement for an employment permit.

Dependants

A CSEP holder can apply for immediate family reunification for their spouse, de-facto partner and/or dependants. Visa requirements will apply for spouses, partners and dependants from visa required countries. Preclearance requirements will also apply for de-facto partners from non-visa required countries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.