Dáil Éireann Debate, Tuesday - 17 May 2022
165. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the decision to refuse a critical skill permit in the case of a person (details supplied) can be refused given that similar applications made by their employer have since been granted; and if he will make a statement on the matter. [24157/22]
Amharc ar fhreagraThe Employment Permits Section of my Department inform me that, on 10 December 2021, a Critical Skills Employment Permit application for the person concerned (in the details supplied) was received.
On 19 April 2022 the application was refused as the annual remuneration on offer was less than €64,000 for a 39 hour working week when the job on offer is not listed on the Critical Skills Occupations List, which is a requirement for this permit type. When considering if the occupation specified is eligible for a Critical Skills Employment Permit, consideration is given to both the job title and the description of the proposed employment provided in the application.
The Critical Skills Employment Permit application was also refused as the 50/50 rule was not met. At date of application, it was indicated on the application that the company has no employees. A Critical Skills Employment Permit may only be considered in respect of a company with no employees if the company is a start-up company within 2 years of establishment and is supported by Enterprise Ireland or IDA Ireland and which will contribute to the further development of employment in the State.
The applicant was informed of the refusal reasons and of their right to request a review of the decision within 28 days from the date of the refusal letter that issued. On 20 April 2022 a request for a review of the refusal decision was received. The Reviewing Officer is currently considering reviews received on 18 February 2022.
Each employment permit application is assessed on its own merits and is required to meet the legislative requirements for the permit type.
Applicants can keep track of reviews current processing dates at enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates.
