(1) An application for an employment permit for the purpose referred to in section 3A(2)(b) may be made, under section 4, in respect of a foreign national referred to in subsection (2) or (3).
(2) An employment permit for the purpose referred to in section 3A(2)(b) may, subject to this Act, be granted, in accordance with section 8, to a foreign national who is -
(a) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made -
(i) the employment permit granted to the primary permit holder is in force, and
(ii) that primary permit holder is in the employment specified in that employment permit,
(b) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made the employment permit has expired and the primary permit holder is in employment in the State pursuant to the permission referred to in section 2(10)(d) of the Act of 2003 and the conditio
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