Dáil Éireann debate -
Wednesday, 17 Apr 1991

Vol. 407 No. 1

Written Answers. - Rights of Illegal Aliens.

Bernard Allen

Question:

186 Mr. Allen asked the Minister for Labour if he will outline the position of an illegal alien in Ireland who is about to marry an Irishman; whether this person would be entitled to a work permit in this country; and what her legal status would be.

Minister for Labour (Mr. B. Ahern)

Non-EC nationals are not allowed to take up employment in the State unless their employer is in possession of a valid work permit.

Official policy in relation to the issue or refusal of a work permit is based on the need to ensure that, in accordance with relevant EC rules, job opportunities which arise within the State are, as far as possible, reserved for Irish or European Community (EC) nationals.

On this basis, the granting of a work permit is not considered unless the employer can show that, despite all reasonable efforts, there are no suitably qualified Irish or EC nationals available for the position in question, or that there are special circumstances; for example (i) that the prospective employee is a key employee and that a substantial amount of high quality employment for Irish/EC nationals will arise as a result of his or her employment; or (ii) that the prospective employee is coming as part of a recognised exchange programme; or (iii) that the prospective employee is married to an Irish/EC national or is a dependent child or child under 21 of an Irish/EC national; or (iv) that the prospective employee is officially recognised by the Minister for Justice as being a refugee.

While sympathetic consideration is given to work permit applications in respect of persons who are the spouses of Irish nationals, each case must be considered on its merits. It is not possible to say in advance what the outcome of any particular application might be.

I should point out that the issue of a work permit in respect of a named non-EC national does not in itself authorise such a person to enter or reside within the State. Admission to the State and authorised duration of stay is subject to the control of the immigration authorities. All non-EC nationals must be registered with the aliens registration section of the Department of Justice and must comply with that Department's immigration regulations.