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Work Permits

Dáil Éireann Debate, Wednesday - 30 March 2022

Wednesday, 30 March 2022

Questions (3)

Mary Butler

Question:

3. Deputy Mary Butler asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will consider the work permit application issues raised in correspondence by a person (details supplied); and if he will make a statement on the matter. [16743/22]

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Written answers

In order to work in Ireland a non-EEA National, unless they are exempted, must hold a valid Employment Permit. All 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.

The Employment Permits Section of my Department inform me that, on 26 June 2021, a General Employment Permit application for the employer concerned (in the details supplied) was received. On 6 October 2021 the application was refused for a number of reasons. The applicant was informed of this decision on 6 October 2021 and of their right to request a review of the decision within 28 days from the date of the refusal letter that issued. No request for a review was received.

All employment permits granted are employer and employee specific and therefore cannot be transferred from one employer to another. This means that if a permit holder ceases employment with a company, they must first obtain a new employment permit before entering new employment.

It is understood that the employment permit previously held by the employee concerned was in respect of a different employer, and has since expired. If that employment permit was still valid, it cannot be used to enable the employee to be employed by a different employer as they are not the employer specified on the permit. It therefore would have been necessary for a new employment permit to be applied for in the new employer’s name, which in this case was not done. It is not possible to change the name of an employer on an employment permit that has issued. Therefore, it appears that the employee was working for the new employer for a number of months without a valid employment permit.

Information in relation to changing employers is available on the Department’s website and can be accessed through the following link:- enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Changing-Employer/.

Details in relation to changing employers is also contained in a FAQ document on my Department’s website which answers the majority of questions in relation to employment permits and it can be accessed through the following link:- enterprise.gov.ie/en/Publications/Publication-files/Employment-Permits-FAQs-2020.pdf.

It is noted that the employee concerned had issues with the employer named on the employment permit and that he had made a complaint to the WRC in relation to these issues in March 2021 during the Covid 19 pandemic. However due to the restrictions it was not possible for the WRC to carry out an inspection on this employer.

Therefore, it is recommended that a new application be submitted for a general employment permit. Such an application should comply with all of the legislative requirements for the particular employment permit type by addressing the reasons for the refusal of the application submitted in June 2021.

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