(1) This section applies where -

(a) a general employment permit or a critical skills employment permit has been granted to a foreign national,

(b) a prescribed period has elapsed since the foreign national first commenced employment in the State pursuant to an employment permit, and

(c) the permit referred to in paragraph (a) is in force and will remain in force for at least 2 months from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1)(a) (in this section referred to as the "existing employer") to a different employer (in this section referred to as the "new employer") may be made by -

(a) the new employer, or

(b) the foreign national.