The Labour Market Needs Test (LMNT) is a requirement for acquiring certain employment permits in Ireland, such as a General Employment Permit or a Contract for Services Permit. The LMNT requirement is set by DETE and aims to ensure that employment opportunities that arise in Ireland are first offered to suitably skilled Irish and other EEA nationals.
The LMNT requires employers seeking to hire non-EEA nationals on a permit to advertise in accordance with the formula set down by DETE. Some categories of permits, such as Critical Skills and Dependent Employment Permits, are excluded from the LMNT requirement. As such, this article focuses on the LMNT requirement for General Employment Permits, the most common instance where advertising is required.
Non-compliance with the LMNT guidelines can cause delayed or rejected employment permit applications. Below, Visa Work has written a comprehensive guide on how to complete an LMNT to ensure compliance and avoid common mistakes.
LMNT – The Substantive Advertising Requirements
Before submitting an application for a General Employment Permit, the employer must advertise the vacancy for a minimum of 28 days. The advert must be placed on the EURES/Jobs Ireland website, through the Department of Social Protection Employment Services/EURES (European Employment Services) employment network. The advert must also be placed on one other suitable secondary online platform, whose main objective is the advertisement of employment vacancies
The LMNT can now therefore be conducted completely online since the introduction of the Employment Permits Act 2024, which abolished the previous requirement for the employer to also place the advert in print media, i.e. newspaper advertising. Now, employers may choose any online recruitment platform which advertises employment opportunities across Ireland and the EU, such as Indeed or LinkedIn.
Both the advert placed on EURES/Jobs Ireland and the advert placed on the second online platform must include the following key information regarding the vacancy:
• Description of the employment
• Name of the employer
• Minimum annual remuneration
• Location/s of employment
• Hours of work
The advert placed must be for one type of role only, but can be for multiple vacancies for the same role. For example, you can post an advert for 10 Butchers provided that you specify the number of vacancies, but you cannot post an advert for 5 Welders and 2 Butchers in the same advert.
The LMNT criteria stipulate that the vacancy must not be extended or changed at all during the 28 days in which it is advertised. Any changes will result in the 28-day timer re-starting. Both ads placed should be identical to each other in order to pass the LMNT.
How to Post the Vacancy on EURES/Jobs Ireland
To comply with the LMNT, the employer must arrange the job advertisement with the Department of Social Protection for national coverage and EURES for vacancies across the EU. This can be done all under one platform by logging into the EURES/Jobs Ireland website. Employers should then follow the website’s instructions to set up an employer account, which will then allow them to post LMNT vacancies online through their profile, which complies with the LMNT requirement. Alternatively, employers can register their vacancy by email or on Tel 08118 111 112 or 01 248 1389.
Once employers post a job advert on the website and it is approved, the vacancy will be given a EURES reference number, which the employer must fill in on the employment permit application form. Employers should keep a record of all adverts posted in order to comply with the LMNT.
Posting the Second Advert & Relevant Timelines
Once the EURES/Jobs Ireland advert is posted, the employer should post the second advert on the online jobs platform of their choice on the same day, and the advert should be the same as the one posted on EURES.
The new legislation gives the employer a choice regarding where they post the second online advert. The only requirement is that the second platform is an electronic system for the online publication of information that is easily accessible by Irish/EEA citizens including websites. Online platforms can include newspapers, websites or dedicated employment websites. Employers can therefore use any accessible online jobs platform to satisfy the second advert requirement of the LMNT.
The employer must keep evidence and records of the second advert placed, as it must be submitted as an attachment to the permit application form at submission stage.
Once both adverts are posted, the employer must wait 28 full days before the corresponding employment permit application or applications can be submitted. A permit application can be submitted on the 29th day after the advert is posted. The application must be submitted within 90 days of the day the advert was posted.
Common LMNT Mistakes
Incorrect performance of the Labour Market Needs Test is a common reason for the rejection of employment permit applications, so understating and following the criteria set down by DETE is crucial to a successful permit application.
VisaWork have summarised the most common LMNT mistakes that cause delay or rejection below:
- Key information missing from the advert e.g. salary, place of work
- Information in the LMNT does not match the information on the employment contract or the info given on the permit application form
- Changes made to the advert during the 28 day period
- Applying before the 28 days has expired or after the 90 day time limit has lapsed
- The advert is for a role that is ineligible/wrong job title
- The salary in the advert does not meet the minimum remuneration thresholds set down by DETE
- The employer has failed to keep or submit sufficient evidence of the second advert posted (i.e. receipt, screenshots, print outs)
Advance notice of these common pitfalls allows you as employer to identify and avoid them prior to completing the LMNT.
Conclusion/Learn More
Contact Visa Work today if you would like to learn more about the Labour Market Needs Test requirement or if you need tailored advice for your permit applications. We are proud to maintain a 100% success rate in all permit applications processed to date, including all LMNTs. Having posted hundreds of successful LMNT adverts, we are best placed to advise you on this requirement and answer any questions you might have.
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