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It is currently taking 45 working days to process work permits and green cards for foreign nationals, according to Jeanette Ryan, Manager, Immigration and Tax Services, Deloitte. However, Ms Ryan believes that the new processes introduced under the 2006 Employment Permits Act will alleviate the problems traditionally associated with the application process.

Ms Ryan, who was speaking today at the Deloitte seminar on the Employment Permits Act 2006, said that it was clear that companies are finding the employment of foreign nationals a positive experience, but that the previous permit process was a stumbling block to them doing this.

“Our feedback has been that prior to the introduction of the new employment permit scheme in February, companies believed the old immigration system was difficult and time consuming, often taking in excess of four weeks.

“While the new target of 15 working days is being met for intra-company transfers, we are finding that under the new process it is currently taking 45 working days to process work permits and green cards. Given that time was one of the main grievances with the old process, we would hope that once the new procedures are adjusted to, companies will see a faster turnaround for applications.

“In general, the application process has become more cumbersome, with nearly double the amount of questions per application, and a host of further requirements and supporting documentation needed. However, we do believe that it will assist in addressing labour shortages within certain employment sectors. The 2006 census showed that 10.5 per cent of the workforce in Ireland are foreign nationals. In addition to this, the national skills strategy has identified that 310,000 of the 950,000 new workers needed from 2006 to 2020 will be from inward immigration and as such it is very important that the process runs as smoothly and quickly as possible,” commented Ms Ryan.

Also speaking at the seminar today, Wendy Doyle, Manager, Employment Law Services, Deloitte, advised HR departments to be particularly cognisant of the legal issues to consider when employing foreign nationals.

“While HR departments may feel confident in the way they were dealing with foreign nationals, it is important that all HR professionals are aware of the new requirements the Employment Permits Act brought into force.

“For example, employers need to be aware that work permits must now contain a statement of the entitlements of the migrant worker, including their entitlement to the National Minimum Wage and their right to change employer after twelve months. Although companies may never have been visited by a member of the Labour Inspectorate, this is set to change. There are currently 31 inspectors and it is expected that a further 60 inspectors will be appointed by the end of the year. Companies will need to be prepared should they be chosen for inspection.

“It should also be borne in mind that once in employment, non-EEA nationals are entitled to the same rights and protections as EEA nationals. Companies must ensure that their recruitment processes, health and safety policies and grievance procedures are all compliant with employment law. Managing cultural diversity is also an important requirement to avoid costly claims.”

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