Vol. 547 No. 1
1001 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform if a person on a work permit can go abroad for a holiday and return; if it creates a problem on return if the work permit application has been lodged but not approved; and if it is necessary after each trip abroad to have the passport stamp up-dated. [2329/02]
The position is that a non-EEA national – the EEA is comprised of the member states of the EU plus Norway, Liechtenstein and Iceland – in respect of whom a work permit has been issued is required to register and obtain permission to remain in the State from his or her local Garda registration office. Following satisfactory registration, such a person will be provided with a Garda certificate of registration and a stamp will be placed in his or her passport indicating that they have permission to remain in the State up until a date which is consistent with the date of the expiry of the work permit. With the exception of visa required nationals, this documentation will generally be sufficient to secure their re-admission to the State should they leave the State temporarily during the period of their permission to remain.
In the case of a visa required national, a re-entry visa will also be required and this can be obtained from the Department of Foreign Affairs visa office in Dublin.
Under Article 5(2)(f2>b) of the Aliens Order, 1946, an immigration officer may refuse leave to land to a non-EEA national where he or she is satisfied that the person in question, although intending to take up employment in the State, is not in possession of a work permit issued to his prospective employer notwithstanding the fact that he or she has previously worked for that employer on foot of a work permit which has since expired. Consequently, it cannot be assumed that a person will be given leave to enter solely on the basis that an employer has applied for a work permit on his or her behalf, particularly in view of the fact that it would be open to the Minister for Enterprise, Trade and Employment to refuse such an application if it failed to satisfy the necessary criteria.
