Dáil Éireann Debate, Tuesday - 20 June 2023
281. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment how a person (details supplied) can receive a permit for employment without immigration status, which is required for their worker's permit, but they cannot gain immigration status (stamp 1) without a worker's permit; and if he will make a statement on the matter. [29142/23]
View answerThe Employment Permits Section of my Department informs me that on 13th October 2022 a renewal of a General Employment Permit application was submitted in respect of the person named in the details supplied. On 2nd November 2022 the processing agent contacted both the employer and employee to address the multiple discrepancies within the application. After correspondence from the agent and both parties, the employer requested to withdraw the application and apply again.
A new application was submitted for a Contract for Services Employment Permit on the 20th April 2023 in respect of the person named in the details supplied. On 9th May 2023 the Contract for Services Employment Permit application was refused for the following reasons:
• the person in question was residing in the State without current immigration permission from the Minister for Justice;
• the Labour Market Needs Test (LMNT) was not carried out correctly;
• the annual remuneration for a Contract for Services Employment Permit was not met;
• the position on offer is listed on the Ineligible List of Occupations for Employment Permits.
Applications for employment permits are subject to a range of criteria including the obligation on the non EEA national to maintain up to date immigration permission to remain while in the State. In the time between when the first application was withdrawn and the second application was submitted, the foreign national's Irish Residence Permit (IRP) card expired. My Department has not received evidence that the foreign national engaged with the Department of Justice to regularise their immigration permission, therefore an Employment Permit could not be issued.
My Department and the Department of Justice are currently examining the development of a single application procedure for employment permits and immigration permissions. An Inter-Departmental Group has been established to examine the legal and operational changes required to deliver a more seamless customer experience for users of the employment permits and entry visa systems. It is expected to make recommendations to Government within six months.
