Dáil Éireann Debate, Tuesday - 1 December 2020
114. Deputy Richard O'Donoghue asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will review a critical skills employment permit for a person (details supplied) which, due to Covid-19, no longer meets the original criteria; and if he will make a statement on the matter. [39620/20]
View answerAll applications for employment permits are processed in line with the Employment Permits Acts and associated Regulations which lay down in legislation the criteria in relation to the application, grant and refusal of an employment permit. All employment permits are employer and location specific. Any new employment requires a new employment permit.
Generally where an employment permit holder has been made redundant he/she must notify the Employment Permits section of my Department when the employment ceases on the prescribed Redundancy Notification form. An employment permit holder then has up to six months from the date on which their employment ceases to find another job. My officials inform me that they have not as yet received this notification.
If the named individual (details supplied) wishes to change employer, he must submit an application for a new employment permit in line with the eligibility criteria for that permit type, particular attention should be paid to the minimum remuneration criteria. To date no further application for an employment permit has been received.
It should be noted that the Critical Skills Employment Permit is designed to attract highly skilled individuals into the State to fill high-demand vacancies where the required skills are not readily available in the Irish/EEA labour market. For this employment type, the duration of employment must be at least two years and the non-EEA national must be the holder of a degree level qualification or higher in the relevant field if the remuneration on offer is between €32,000 and €64,000 per annum. After 21 months of continuous employment on a Critical Skills Employment Permit, a permit holder may apply to my Department for a Stamp 4 Letter of Support.
Therefore if the remuneration in respect of this new employment is between €32,000 and €64,000 and the occupation is on the critical skills occupation list, the person concerned and his prospective new employer can apply for a new critical skills employment permit. Alternatively for a General Employment Permit to issue, the minimum required remuneration for this occupation would be €30,000 per annum and a labour market needs test would have to be undertaken.
In March 2020, my Department implemented a contingency plan to ensure that the employment permit regime could continue to operate throughout the COVID-19 crisis. The Department is committed to flexibly dealing with employment permit issues that arise for both employers and employees as a result of the pandemic. Full details in relation to the contingency arrangements introduced by the Employment Permits Section in response to the pandemic can be accessed on my Department's website through the following link: https://enterprise.gov.ie/en/Publications/COVID-19-Employment-Permits-System-Contingency-Arrangements.html
It is not possible to advise the Deputy fully on this individual case as not enough information has been provided. I have requested that one of my officials contact the Deputy to seek more information so that my Department can advise properly.
