Critical Skill EP refused - salary over 64,000

[SimonDo3]

Hey,

I'm an IT Product Manager, I had my first critical skills work permit refused. They said initially that my salary was under 64,000 but after I pointed that it was incorrect, and showing the offer letter has the monthly income figure when converted to annual salary that I was over the 64K threshold.

They replied saying that my occupation needs to be on the critical skills list. Which I understand is not a requirement for compensation over 64K.

I am planning to appeal and explain that an IT product manager is akin to a 2133 IT specialist managers.

Help -I appreciate all your thoughts and guidance...

[meself2]

Can you provide the full refusal letter (removing PII)?

[SimonDo3]

Hey, thank you for the quick reply, it was the standard reply:

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.

Similar to what many people are getting.

[meself2]

Technically, it has to be either or - either 64.000 or on the list (and 32.000). If you're earning more than 64, they should've just given you the go ahead; are you sure they acknowledged your proper salary?

Also, are you guaranteed to get at least 64k? If your salary is 52 and you get up to 64 with bonuses, for example, it won't work.

[SimonDo3]

Yes, I have an e-mail from the caseworker saying, that the job must be on the critical jobs list even if remuneration is 64,000 -which in my is case is 65K excluding bonuses.

Appealing will lead to the same case worker reviewing it. So I am not sure how to proceed.

[rohansjedi]

That’s just not true - over 64k absolutely doesn’t have to be on the list, as long as it isn't on the ineligible list.

From their own guidelines:
"All occupations with a minimum annual remuneration of over €64,000, other than those on the Ineligible List of Occupations for Employment Permits or which are contrary to the public interest. A non-EEA national who does not have a degree qualification or higher, must have the necessary level of experience."

I would email the employment permits general email address, copy the caseworker's response and this text, and ask them to clarify.

Separarely though, the remuneration question - you said it was €65k. What weekly working hours will you have? I learned during my application (I had a salary offer just above the cutoff also) that if your hours are more or less than 39, which is their baseline, they convert your salary to hourly and then see what it would be for a 39 hour week. E.g., if your working hours are 40, then 65k divided by 52 divided by 40 = 31.25/hour. 31.25/hour at 39 hours/week is 63,375, which then becomes below the threshold.

[SimonDo3]

Thank you Rohan, I will work with my employer to raise my Salary so that it is not on the edge of that threshold. I will submit and appeal also giving a job description matchings closer the the code I am applying for.

Should the specifics of the job description be added to the contract? Anything else I should include with the appeal?

Would changing slightly the job title to mention IT be an issue?

Is an appeal the right approach? or are there consequences I am not thinking of?

Thanks again

[SimonDo3]

Thank you Rohan, I will work with my employer to raise my Salary so that it is not on the edge of that threshold. I will submit and appeal also giving a job description matchings closer the the code I am applying for.

Should the specifics of the job description be added to the contract? Anything else I should include with the appeal?

Would changing slightly the job title to mention IT be an issue?

Is an appeal the right approach? or are there consequences I am not thinking of?

Thanks again

[SimonDo3]

That’s just not true - over 64k absolutely doesn’t have to be on the list, as long as it isn't on the ineligible list.

From their own guidelines:
"All occupations with a minimum annual remuneration of over €64,000, other than those on the Ineligible List of Occupations for Employment Permits or which are contrary to the public interest. A non-EEA national who does not have a degree qualification or higher, must have the necessary level of experience."

I would email the employment permits general email address, copy the caseworker's response and this text, and ask them to clarify.

Separarely though, the remuneration question - you said it was €65k. What weekly working hours will you have? I learned during my application (I had a salary offer just above the cutoff also) that if your hours are more or less than 39, which is their baseline, they convert your salary to hourly and then see what it would be for a 39 hour week. E.g., if your working hours are 40, then 65k divided by 52 divided by 40 = 31.25/hour. 31.25/hour at 39 hours/week is 63,375, which then becomes below the threshold.

Hey Again,

Anybody knows if you can appeal with a changed Salary?

I worked with my employer on a new figure that puts me above the threshold even on a 39h per week basis. Would a new application be preferable?