Understanding the Notification of Change of Name for Connected Persons and Foreign Employers under the Employment Permits Act 2006 (as amended)
The Irish Department of Enterprise, Tourism and Employment has established a specific process for updating the details of foreign nationals and their associated employers when a change occurs in their registered names. This procedure is essential for ensuring compliance with employment permit regulations, particularly in cases involving intra-company transfers and business transfers under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
Scope and Purpose of the Notification
This notification mechanism applies to situations where a foreign national, who holds an Intra-Company Transfer Employment Permit, undergoes a change in their name or where the employer (the foreign company or entity) changes its name. The process is designed to keep the Immigration and Employment Authorities informed of such changes to maintain the validity of the employment permit and ensure ongoing compliance with Irish employment law.
The regulation is particularly pertinent when the transfer of business or assets involves a change in the legal identity of the employer or connected person, as defined under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
Key Requirements for Notification
Who Must Notify?
- The foreign national who is the holder of the employment permit (the Connected Person).
- The foreign employer, which could be a company or legal entity involved in the employment arrangement.
- The new Connected Person or Foreign Employer, who takes over the business or employment responsibilities following the transfer or name change.
Documentation to Support the Notification
When submitting a notification of change of name, applicants must attach specific supporting documents:
- A letter from a solicitor or accountant confirming that the transfer qualifies under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, including the date of transfer.
- Registration details for the new Connected Person’s name (such as a recent P30 return or a receipt for tax payments) or official confirmation of registration from the Revenue Commissioners.
- The original and a certified copy of the current employment permit.
Procedural Steps and Submission
The notification must be completed in accordance with the prescribed form, which requires details such as the current and new names of the Connected Person or Foreign Employer, their addresses, and registration numbers if applicable. The completed form, along with supporting documentation, should be sent to the Employment Permits Section at the Department of Business, Enterprise and Innovation, located in Dublin.
Once the Department reviews and verifies the submitted information and documentation, and confirms that the change arises from a transfer of undertaking, the employment permit will be re-issued with the new name details. This ensures that the employment permit remains valid and reflects the current legal entity responsible for the employment.
Legal and Compliance Considerations
Under section 8(8) of the Employment Permits Act 2006 (as amended), failure to notify the authorities of such changes may result in difficulties with future permit renewals or legal compliance issues. It is therefore crucial for employers and connected persons to adhere to this notification requirement promptly following any change in name resulting from a transfer of business or other circumstances.
Implications for Employers and Employees
For employers, this process ensures continuity of employment rights and compliance with Irish immigration law. For foreign nationals, it provides reassurance that their employment status remains valid despite changes in the legal identity of their employer or their own name. Proper adherence to the notification process helps prevent potential disruptions in employment and supports ongoing compliance with Irish employment and immigration regulations.
Summary
In conclusion, the notification of a change of name under the Employment Permits Act 2006 is a formal requirement that safeguards the legal status of foreign employees and their employers during business transfers or name changes. It emphasizes the importance of timely communication with the Department of Enterprise, Tourism and Employment, supported by appropriate documentation, to ensure continued compliance and valid employment permits in Ireland.