REFUSAL OF GENERAL WORK PERMIT

Hi,

I'm posting in behalf of my hubby. Currently living in the Philippines. His work permit refusal as Dairy Farm Assistant came out last night, July 28, 2022.

The refusal was due to the previous foreign employee of employer XYZ who already resigned last 2020. At the moment, employer XYZ has no active employee. Since the 50/50 rule is strictly enforced, the work permit of my hubby was refused because it turns out that the previous employee reportedly remains active in the system (which I presumed still under employer XYZ not sure what kind of system they are referring). I'm assuming that employer XYZ upon the separation of the previous employee did not submit a notice to the DETE to supposedly terminate employee's work permit (my personal assumption only).

The employer XYZ will file an appeal since he really wanted to hire my hubby. Do you have any suggestions on what else we can do to ensure that our appeal will be considered?

Is there a really need to terminate or submit a formal notice to the DETE if an employee will be separated from the Company for the work permit to also cease? What's the implication if the DETE will not be informed about the separation of the previous employee?

By the way, the previous employee is also a foreigner and his work permit I guess is still valid since he is reportedly working in other farm within Ireland area.

I hope you can help us with this. Stay safe

Deep1690 wrote: ↑

Fri Jul 29, 2022 8:32 am

By the way, the previous employee is also a foreigner and his work permit I guess is still valid since he is reportedly working in other farm within Ireland area.

https://enterprise.gov.ie/en/what-we-do ... -employer/

All employment permits are valid only for the employer and the employment stated on the permit. If you wish to change employer, you must submit an application for a new employment permit in line with the eligibility criteria for the type of permit being applied for.

if it's valid, this person can only work for that specific position, so there might be something strange.

Once the former employee resigns, he/she or their employer must notify DETE and the work permit gets invalidated on that day.

Changing employer without applying for a new work permit is an immigration offence.

The employer needs to formally ask DETE to revoke their previous employee’s work permit. Until that happens, your husband’s permit cannot be granted due to the 50/50 rule.