Dáil Éireann Debate, Tuesday - 18 December 2018
287. Deputy Bríd Smith asked the Minister for Business, Enterprise and Innovation if a person with a stamp 3 visa whose partner has a stamp 4 visa can take up an offer of work here; if not, if the person must apply for a separate visa; and if so, the steps they should take in this regard. [52732/18]
View answerI assume the Deputy is referring to Stamp 3 holders who are the dependent or partner or spouse of a Critical Skills Employment Permit (CESP) as there are a wide range of other circumstances under which non-EEA nationals may hold either a Stamp 3 or Stamp 4 permission. Such circumstances are dealt with by the Irish Naturalisation & Immigration Service (INIS) of the Department of Justice and Equality who have responsibility for the administration of immigration permission Stamps and entry visas.
A Dependant/Spouse/Partner Employment Permit may be granted to the immediate family member (with a Stamp 3 permission) of a Critical Skills Employment Permit (CSEP) holder, or a Research Project Researcher (with a Stamp 4 permission). In these circumstances, a person with a Stamp 3 permission may take up an offer of work.
Dependant/Spouses/Partners of Critical Skills Employment Permit holders have very broad access to the Irish labour market as the criteria for grant of such a permit include minimum salary of at least the Irish National Minimum Wage with a minimum working week of 10 hours plus all employments are eligible apart from domestic work. There are no fees for the permit.
The Department accepts that the process is not as streamlined as it should be for the family members who are Stamp 3 holders accessing the labour market. Officials of the Department of Business, Enterprise and Innovation and the Department of Justice and Equality have met with representatives of Stamp 3 permission holders to hear their concerns. The resolution of this matter falls within the remits of both Departments.
Officials of both Departments met recently to further consult on possibilities for streamlining the process for granting permission to work for this cohort of people, in line with a recommendation contained in the Review of Economic Migration Policy 2018. A number of specific changes were identified and both Departments are committed to resolving this issue at the earliest opportunity in 2019.
In the interim, steps have already been taken to clarify the current process, and the permit type available for prospective employment permit holders and employers. These steps include:
- the introduction of a letter a letter of clarification and employment support for Stamp 3 holders to issue with successful CSEP applicants;
- the provision of up to date and clear information on the Employment Permits website to best advise applicants and employers in relation to the immediate family members of CSEP holders;
- A revision of the FAQs document on the Department’s website
A leaflet on this issue is also being drafted for distribution to representative bodies, NGOs and other stakeholders.
