Refused Critical Skill Employment Permit Application - Ireland

Shachin wrote: ↑

Sun Apr 24, 2022 4:31 pm

Hi guys, Hope everyone is well and safe. I recently got my refusal for my application regarding the CSEP application. And hoping someone would advise me regarding my next options. It would be immensely appreciated. (I'm very new to this forum, apologies for any mistakes)

I'm working as a Purchasing Manager in an Irish owned company. This is the second year of my stamp 1G visa. Myself and employer mutually applied for my CSEP application around mid-December 2020, And I got the result yesterday saying that it was refused and the reasons below were mentioned.,

- 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.


My Reflection 1 - I did know that Purchasing / Procurement / Supply chain related skill set wasn't under the Critical List so I need to be getting paid for more than 64,000. But I believed it came under 24 24 as my education and job role relates to almost everything mentioned.

My Reflection 2 - I am working in the same firm since 2019 December, but started my internship as a Procurement Specialist. And started as a Manager recently, Does this has to do something with the second reason?

As this is the first time my employer to apply for a permit, We both struggle to understand the reasons behind the refusal. It would be mighty if anyone could reflect on their experience/shed some enlightenment regarding this issue. If it feels that I need to get legal advice, I'd like to take suggestions on whom to consider (any agencies/consultancies / law firms)

Also, please advise whether it is better to re-apply or start a new application?

Much Appreciated. Kindly let me know if I shared more details would make this easier.

Shachin

Shachin wrote: ↑

Tue Apr 26, 2022 3:54 pm

Hi Guys, Thanks for your views.
Just checked with my employer and say hypothetically if he has agreed to increase my salary to 64K p.a and say I could be able to produce an offer letter for 64K. Then is it wiser to appeal the application with a new offer letter or to start a new application?

Also, If I'm applying for CSEP do I need to withdraw this application and do up a new GEP ?

Cheers

NF13 wrote: ↑

Tue Apr 26, 2022 4:55 pm

Shachin wrote: ↑

Tue Apr 26, 2022 3:54 pm

Hi Guys, Thanks for your views.
Just checked with my employer and say hypothetically if he has agreed to increase my salary to 64K p.a and say I could be able to produce an offer letter for 64K. Then is it wiser to appeal the application with a new offer letter or to start a new application?

Also, If I'm applying for CSEP do I need to withdraw this application and do up a new GEP ?

Cheers

When you need to renew your permit later, Are you going to produce false payslips?

Lying is not a good start. I strongly advise against it.

Shachin wrote: ↑

Tue Apr 26, 2022 3:54 pm

Hi Guys, Thanks for your views.
Just checked with my employer and say hypothetically if he has agreed to increase my salary to 64K p.a and say I could be able to produce an offer letter for 64K. Then is it wiser to appeal the application with a new offer letter or to start a new application?

Also, If I'm applying for CSEP do I need to withdraw this application and do up a new GEP ?

Cheers

Shachin wrote: ↑

Tue Apr 26, 2022 10:14 pm

NF13 wrote: ↑

Tue Apr 26, 2022 4:55 pm

Shachin wrote: ↑

Tue Apr 26, 2022 3:54 pm

Hi Guys, Thanks for your views.
Just checked with my employer and say hypothetically if he has agreed to increase my salary to 64K p.a and say I could be able to produce an offer letter for 64K. Then is it wiser to appeal the application with a new offer letter or to start a new application?

Also, If I'm applying for CSEP do I need to withdraw this application and do up a new GEP ?

Cheers

When you need to renew your permit later, Are you going to produce false payslips?

Lying is not a good start. I strongly advise against it.

Thanks buddy, Of course not. No employer is going to take that risk for an employee, And It is not viable to change my payslip from 32k to 64k. Moreover, it is not worth taking that risk. But rather I want to get my head around that is it only the pay that's stopping me from going with CSEP..

• Is it possible to do a labour market needs test if I'm already working in the same organisation?

• Or do I need to look for another job?

Shachin wrote: ↑

Thu Apr 28, 2022 12:14 pm

Hello everyone. Thanks for all the inputs, also just to be clear I am not gonna fake my pay/payslip to get into CESP. Was just trying to understand what's the exact requirement.

General Employment Permit

I worked initially as a Procurement Specialist for 1.2years and now I have been promoted as Purchasing Manager in the same organisation very recently. So there wasn't any interview/labour market need test done for this transition.

• Is it possible to do a labour market needs test if I'm already working in the same organisation?

• Or do I need to look for another job?