Crtical Skills Employment Permit refusal

[Karlal]

Hi folks, I just want to seek sage advice and suggestions pertaining to my CSEP refusal. Reasons for refusal I received via email are:

- All Employment Permit applications must be applied for using the
forms which are prescribed in the Employment Permits Regulations 2017 for
the specific Employment Permit type. In line with Section 12(3) of the
Employment Permits Act 2006, as amended an employment permit cannot be
considered in this case.

- It appears from the information received that the minimum annual
remuneration is under €64,000 and the category of employment is not one of
the employment's specified in regulation 18(1)(a) and Schedule 3 of the
Employment Permits Regulations 2017 (S.I. No. 95 of 2017) (as amended)
eligible for a Critical Skills Employment Permit with this level of
remuneration. Please note that the occupation in question is not on the
Critical Skills Occupations List. In line with section 12(3) of the
Employment Permits Act 2006 (as amended) an employment permit cannot be
issued.

Really appreciate and awaiting for your valuable inputs.

[Emr]

It seems that's your job occupation is not under critical skills occupation list. So in this situation in order to get critical skill permit you should increase you annual salary to 64k. Or if you can't arrange you salary 64k then you should apply general employment permit.
Also I would suggest you to seek advice from solicitor who are experts in employment permit

[Karlal]

Thanks for your reply.
Should I go to review with 64k or apply new CSEP with increased salary. Would you please also shed light on chances in review application.
Thanks in advance.

[mads32]

Thanks for your reply.
Should I go to review with 64k or apply new CSEP with increased salary. Would you please also shed light on chances in review application.
Thanks in advance.

I tell you my case that happened years and years ago. The company who sponsored my stamp 4 went for the lowest salary allowed but there's also a hours of works relation to take account as well so I got my first application denied because even tough my salary was the minimal required for the Critical Skills my company worked less hours during the week (37.5 instead of 39 I think). So for the critical skills back in the day it's supposed to be 30 000 per year assuming you work 39 hours, if you work less than this then the salary needs to be higher.

We appealed with a salary increase to achieve the minimal threshold but the appeal was also denied because according to the senior officer who review it you can't change the salary once you submit. Have in mind that we actually asked the Department of Jobs if it was OK just to fix the salary and appeal and they replied saying it was.

At the end of the day after the final refusal we made a new application with a bigger salary and that went smoothly.

[Karlal]

Really appreciate mads32 for sharing your experience.
So you are suggesting , I need to submit new application with increased salary instead of sticking with previous application.

[OneWorld2122]

I think requirements are clear and every case is different that’s why these applications are dealt by human and not automation.

Looking at the letter text - it looks your job may not fall under CSEP, if that’s the case - minimum salary you require is 64k and normal work permit.

If your job in CSEP category then you need minimum salary as per CSEP category.

So does your job comes under CSEP or not and based on that you may need to apply , CSEP Or normal work permit !!

Really appreciate mads32 for sharing your experience.
So you are suggesting , I need to submit new application with increased salary instead of sticking with previous application.

[Karlal]

Thanks guys for your valuable inputs .