Wednesday, 8 May 2019

Questions (555)

Jim O'Callaghan

Question:

555. Deputy Jim O'Callaghan asked the Minister for Business, Enterprise and Innovation if a review of a work permit application on behalf of a person (details supplied) has been considered by the employments permit section; and if she will make a statement on the matter. [19105/19]

View answer

Written answers (Question to Business)

The Employment Permits Section of my Department inform me that an application for a General Employment Permit for the person concerned was received on 8th January 2019. On 15 March 2019, this application was refused as the position on offer is on the List of Ineligible Categories of Employment for Employment Permits,

In addition the employer failed to fulfil the Labour Market Needs Test (LMNT) as prior to submitting the application for an Employment Permit, the Employer did not advertise the vacancy in the required manner and the application did not include the required copy of the signed Contract of Employment.

On 8th April 2019, the applicant sought a review of this decision, and, on 4th May 2019, the Reviewing Officer confirmed the decision to refuse this application. The Reviewing Officer found that the occupation being applied for, "Specialist in Assistive Technology and Specialised Seating/Occupational Therapist", is ineligible for an employment permit as it is classified as an Occupational Therapist. Furthermore, no evidence was provided to show that the LMNT had been carried out as required in advance of the permit application. The applicant has been notified of this decision in writing.

A refusal to grant an employment permit does not preclude an applicant from submitting another application for an employment permit. Such an application should comply with all of the legislative requirements for the particular employment permit type including that the occupation for which an employment permit is being sought is eligible for an employment permit.

In order to assist with the application process, my officials have produced a suite of information including details on how to carry out the LMNT, various Checklist documents which, if followed, should result in the granting of an employment permit and a User Guide to our online application system. All of this information, as well as details of occupations ineligible for employment permits, can be found in the Employment Permits section of my Department’s website at www.dbei.gov.ie