The Employment Permits Act 2024 provides the statutory basis for the operation and administration of the employment permits system, including the eligibility criteria for each permit type and the prescribed fees applicable to employment permit applications. These fees are set in legislation and are intended to cover the administrative processing of employment permit applications.
A Critical Skills Employment Permit cannot be amended or converted to a different employment permit type. Where an employer no longer meets the criteria for a Critical Skills Employment Permit and wishes to continue employing the person concerned under an alternative permit category, a new application for the appropriate employment permit must be submitted and the relevant statutory fee will apply.
Fees paid in respect of employment permit applications are not transferable and are non-refundable, other than in limited circumstances provided for in legislation, as they relate to the administrative costs associated with processing an application.
Where there is a reduction in salary that remains at or above the Minimum Annual Remuneration (MAR) threshold for a Critical Skills Employment Permit, the Department’s records may be updated to reflect the revised salary.
However, where the revised salary falls below the MAR applicable to a Critical Skills Employment Permit, the permit holder would no longer meet the eligibility criteria for that permit type. In such circumstances, an application for a General Employment Permit would be required, subject to meeting the relevant statutory conditions and payment of the applicable fee.