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Critical Skills Work Permit -- REFUSED 1st time

Forum to discuss all things Blarney | Ireland immigration

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JohnsonSantos
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Posts: 4
Joined: Wed Jul 12, 2023 10:23 am
Brazil

Critical Skills Work Permit -- REFUSED 1st time

Post by JohnsonSantos » Wed Jul 12, 2023 10:56 am

- 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.


- It appears that a statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, or the person who will make the offer of employment, or, as the case may be, the EEA Contractor or Connected Person, dated within the 3 month period preceding the application showing the full company name, address and Employer Registered Number (ERN) has not been provided with this application as is required under regulations made under the Employment Permits Act 2006, as amended. In line with Sections 6(g)(i) and 12(3) of the Employment Permits Act 2006, as amended an employment permit cannot be issued.
Hi guys, I've recently applied for a work permit under the Critical Skills Employment Permit and the above stated was the reason why my work permit was refused. The information provided by me on my application was:
- Job title: IT Administrator
- Annual salary: €32k
I'm recently graduated in Ireland in a Computer Science degree.
I've another IT degree in Brazil
Which in my point of view (and lack of knowledge) it falls under the SOC-3 213 - Information Technology and Telecommunications Professionals (SOC-4 2139 - All other ICT professionals not elsewhere classified).

My question is, what other related occupation could better suit my role (IT Administrator) and fit the [SOC-4] - 2139. Or should I ask for a "promotion" and go for IT Manager? Or should I change for other [SOC-4] occupation (2133/ 2136)?
PS: The second issue with the monthly statutory return will be solved by the finance department.
Thank you for your help and we should go for a pint if I get through this!
and of course, I'm paying your pint...

Thanks a million!

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by meself2 » Wed Jul 12, 2023 11:02 am

JohnsonSantos wrote:
Wed Jul 12, 2023 10:56 am
Which in my point of view (and lack of knowledge) it falls under the SOC-3 213 - Information Technology and Telecommunications Professionals (SOC-4 2139 - All other ICT professionals not elsewhere classified).
Unfortunately, your view isn't correct.
IT system administrators are 3131: IT OPERATIONS TECHNICIANS, which isn't on CSEP.
What do you do, what are your job responsibilities?

Read this topic with a similar case post2082350.html#p2082350 , consider your options and come back here if anything else is unclear/you need advice.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

JohnsonSantos
Newly Registered
Posts: 4
Joined: Wed Jul 12, 2023 10:23 am
Brazil

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by JohnsonSantos » Wed Jul 12, 2023 11:32 am

Hi Meselft2,

My job responsibilities are the ones in IT Operation Technicians + Coordinate our IT provider.
I act as a bridge between the company I work for and the IT provider which does all the "heavy IT lifting". My job is to make sure they do their job. I would say is more administration than operation.
That's why I thought on asking HR to change my role to IT Specialist Manager or IT Manager.
2133: IT Specialist Manager

In case we change the job role, should I apply again or ask for a review?

Thank you very much.

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by meself2 » Wed Jul 12, 2023 11:46 am

JohnsonSantos wrote:
Wed Jul 12, 2023 11:32 am
That's why I thought on asking HR to change my role to IT Specialist Manager or IT Manager.
It's not just the job title.

In a nutshell, if I will get myself a job with "architect" title, which is on CSEP, but my job responsibilities would be "building walls", would I be granted CSEP? No.

Are you just changing the job name?

For the appeal or new application - I would say application. Appeal is when DETE made a mistake; they did it right, by the rules.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

JohnsonSantos
Newly Registered
Posts: 4
Joined: Wed Jul 12, 2023 10:23 am
Brazil

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by JohnsonSantos » Wed Jul 12, 2023 12:08 pm

meself2 wrote:
Wed Jul 12, 2023 11:46 am
Are you just changing the job name?

For the appeal or new application - I would say application. Appeal is when DETE made a mistake; they did it right, by the rules.
HR would come up with a new role which would be IT Manager, they would add new key responsibilities to the job so it could be classified as 2133: IT Specialist Manager, and my job title would change to IT Manager. I'm the only person responsible for the IT sector in a 150 employees company, for sure I'm already doing a manager's job.

Sorry, what I meant to say was:
Should I begin a new application with the new job title? Or should I review their decision on the current application proposing the new job role/ and the other modification?

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by meself2 » Wed Jul 12, 2023 12:14 pm

Begin the new application; the reason stays (review decision is when they didn't do the right thing).

Expect questions to you/your employer from DETE about drastic change of your situation.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

JohnsonSantos
Newly Registered
Posts: 4
Joined: Wed Jul 12, 2023 10:23 am
Brazil

Re: Critical Skills Work Permit -- REFUSED 1st time

Post by JohnsonSantos » Wed Jul 12, 2023 1:26 pm

meself2 wrote:
Wed Jul 12, 2023 12:14 pm
Begin the new application; the reason stays (review decision is when they didn't do the right thing).

Expect questions to you/your employer from DETE about drastic change of your situation.
I'll begin a new application. I appreciate your help!

Thank you very much.

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