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Immigration Policy

Dáil Éireann Debate, Thursday - 22 February 2024

Thursday, 22 February 2024

Questions (11, 26)

David Stanton

Question:

11. Deputy David Stanton asked the Minister for Justice the work her Department has undertaken in designing a solution to integrate immigration permissions and employment permits; and if she will make a statement on the matter. [8274/24]

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David Stanton

Question:

26. Deputy David Stanton asked the Minister for Justice when she intends to report to Government with an implementation plan and associated timelines for the development of a fully integrated single application process for immigration permissions and employment permits; and if she will make a statement on the matter. [8275/24]

View answer

Oral answers (6 contributions)

I ask the Minister to tell me her plans to integrate the immigration permissions and employment permits system. How advanced is that work and when will we see a decision and action on it?

I propose to take Questions Nos. 11 and 26 together.

I am sure we all agree that migration plays an essential and very positive role in our society and economy. It is vital to addressing labour shortages at all skill levels across the economy and has been a key driver of growth in this country. As the Deputy will be aware, and as he just mentioned, issuing visas and residence permits is the responsibility of my Department while the criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment. The Departments work closely together to ensure that our labour market migration arrangements are fair, efficient and responsive to the needs of Irish society and the economy generally.

We agreed in principle in late 2022 that a single application procedure for employment permits and immigration permissions should be developed and to establish an inter-departmental working group to develop an implementation plan for consideration by the Government. I can advise the Deputy that work has been under way over the last year to examine and reform the current system whereby separate applications have to be made for employment permits and immigration permissions. This reform is with a view to improving the user experience, in particular reducing the length of time involved due to the requirement for two separate processes, enhancing our competitiveness in attracting skilled migrant workers and aligning with EU standards. We are working to design solutions that better integrate the employment permits and immigration permissions processes. A number of process and IT improvements are in progress, which will result in enhanced data collection and quality as well as dual employer-employee access and alignment between the information made available online to applicants from both Departments.

In the short term, we are looking at a range of operational improvements to assist applicants.

These will be introduced over the next 18 months while the wider system is being developed. It will include streamlining fees, removing the duplication of certain checks carried out by both my Department and the Department of enterprise, and reducing the number of documents required at immigration registration by pre-validating certain key documents. Over the medium term, these steps will be built on to develop a fully integrated single application process.

Ultimately, these improvements will mean that a nurse from India, for example, moving to Ireland will have to go through only one application process and pay one fee to complete the requirements to work and live in Ireland. There is the medium-term aspect, therefore, which will take about 18 months, and while I do not have an exact timeframe for the longer one, the work done in the 18 months will speed up the longer term process.

I thank the Minister. I urge her to move that along as quickly as possible, given it has been ongoing for some time.

On the issue of employment permits, we are an outlier in the European Union and, indeed, in much of the OECD world in that there is no direct access for dependants of those with intra-company transfer employment permits. We are the only ones who do not give that access. The Minister of State, Deputy Richmond, tells me the Department of Justice has responsibility for the granting of immigration permissions and he has written to the Minister on this issue. This has been ongoing for some time. He also tells me it is detrimental to the country that this is happening and that we are losing out because of it. What is required to allow the spouses of those with intra-company transfer employment permits to work here, as they can do in all other EU countries, the United States, Canada, Australia, most of South America and everywhere else? I acknowledge we opted out of a European directive, but we do not need to opt in to that to make this happen. What is needed to make it happen?

I agree that spouses or partners of those with intra-company transfer employment permits should be allowed to work. Otherwise, they will be just here. If they can contribute, and many of them have significant jobs and roles, they could contribute whatever it is while they are here. The Deputy is absolutely correct that it is a factor attracting people to come to a country and that we are losing out, as are many sectors. I do not know why the decision was taken at the time but I am reviewing the overall structure. I hope that within a matter of months, although I am trying to get it done as quickly as possible, the review will come to me and I will then be able to make a recommendation. My personal view is that this should change, but we need to look at the reason it was implemented and the implications and use that information to make a decision. That work is under way. A review is taking place but, as I said, I think we need to change the rule and doing so makes sense. It is permitted everywhere else and we are losing out because of it not being permitted here. I think changing it could only benefit us.

I welcome the Minister's commitment to this. The Department of enterprise is on the same playing field as her on this, so it is a matter of the two Departments getting together and making it happen. The Minister might write to me setting out what is required to make it happen. The spouses and partners of those with critical skills visas can work automatically. There is no issue there. It may take no more than the stroke of a pen to allow also the spouses and partners of people who come here under intra-company transfer employment permits to work. As the Minister noted, it would be a win for Ireland, make us a more attractive business destination and boost skills, inclusion and innovation. It would be a win for employers, it would increase the chances of success for that intra-company transfer assignment and the retention of talent, and it would also be a win for the dual-career couple. Is the Minister aware some people decline to come here because their spouse or partner would be at home all day twiddling their thumbs and could not work under our current arrangements? Will she commit to moving on this as quickly as possible, separate to everything else?

I would expect that any changes on this will be much quicker than those in respect of any of the other aspects I referred to. The more medium-term changes will take about 18 months and they will certainly make us more attractive, even for others who come without spouses or partners, but the longer term objective involves the combining of two systems, which will take a little longer. My Department and the Department of enterprise are absolutely committed to that and it is the first hurdle to pass. Everybody wants to get this done.

I will write to the Deputy and outline the obstacles. I do not think significant changes will be required but there may need to be new legislation. We need a vehicle and we need to do it as quickly as possible, but the work is under way. I would like it to be changed, and while I have to wait for the review, I will certainly keep the Deputy updated on it and reply to him directly.

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