Work Permits.

Dáil Éireann Debate, Tuesday - 9 November 2004

Tuesday, 9 November 2004

Questions (232)

John Cregan

Question:

294 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the situation in relation to the status of non-EU persons who have been living here on student visas for four years and wish to remain on after graduation; if they qualify as parents of a child born here before the change in the rules in 2002/2003; if they qualify under any scheme other than by obtaining a work permit or working visa; if such parents are both holders of PhDs obtained in universities here, if these qualifications are taken into account; and his views on whether a highly skilled migrant programme should or can be devised to attract them to stay. [27831/04]

Written answers

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The information sheet which accompanies every visa application form states that in general, persons granted visas for particular purposes are not permitted to involve themselves in any activity or to remain in the State for any purpose other than that for which the visa was granted.

Generally, students are not able to change their status while in the State. If they wish to enter employment following completion of their studies they will require a work permit to do so. In general, visa required nationals are required to return home while the work permit is processed and apply for a visa in order to return to the State. However, where the prospective employment is directly related to the course of studies the person has recently completed then it is possible to change one's status from student to worker without having to leave the State. The working visa or work authorisation schemes may also be open to certain graduates depending on the field of their qualifications.

Being the parents of an Irish-born child does not of itself grant any special immigration status to non-nationals. Such persons must ensure they are legally resident in the State.