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Work Permit Applications

Dáil Éireann Debate, Tuesday - 18 September 2012

Tuesday, 18 September 2012

Ceisteanna (546)

Finian McGrath

Ceist:

546. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding a work permit in respect of a person (details supplied). [37701/12]

Amharc ar fhreagra

Freagraí scríofa

I understand that this person entered the State to undertake a course of studies and was granted permission at that point by the Minister for Justice and Equality to remain in the State as a student. A work permit application in respect of this person was received in my Department on 1 May 2012. This was the first work permit application made by the person named. This application was refused on the basis that new employment permit applications are currently only considered for highly skilled, highly paid positions or for positions where there is an officially recognised scarcity of supply in relation to a particular qualification or occupation type. New and renewal applications may also be considered in respect of non-EEA nationals already legally resident in the State on a valid employment permit. In addition, new employment permit applications are normally only considered where it is established that a minimum salary of €30,000 per annum is on offer based on a 39 hour week and where the position on offer is one of the occupations currently eligible for a new employment permit.

It appeared from the information submitted with the application that the proposed employee's current immigration status, which had not altered since he entered the State, precluded him from entering full-time employment in the State. Finally, supporting information sought in respect of the application itself was not provided within the specified time frame. This decision was upheld on appeal on 19 July 2012.

The Deputy should note that Non-EEA nationals who are granted residence in Ireland under the 2004 Student Probationary Extension, established by my colleague the Minister for Justice and Equality, are entitled to work in Ireland under the conditions that would normally pertain to the academic holidays, i.e. a person may work for up to 40 hours per week. These arrangements allow eligible students to reside in Ireland for a period of 2 years on specified conditions. In addition, at the conclusion of the two year probationary period those students will be eligible to apply for a more permanent status on condition that certain obligations have been fulfilled. It is understood that the person named by the Deputy will shortly renew his immigration status. He may wish to be considered for eligibility under this facility at that point.

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