Seán Sherlock (Cork East, Labour) | Oireachtas source

Regarding amendment No 27, the purpose of providing access to the Irish labour market to the spouses, civil partners and dependents of Critical Skills Employment Permit holders and third country researchers under Council Directive 2005/71/EC is to differentiate Ireland by enhancing its attractiveness as a destination for this cohort of highly-skilled migrants when compared with our competitors. As such, this is a deliberate policy decision. During drafting of the Bill, the issue of separation and divorce was considered. The legal advice the Department received was that the Bill cannot cross over into the legislative domain of the Minister for Justice and Equality determining or defining separation or divorce. Second, the question for the Minister for the purposes of the dependant, partner or spouse employment permit is whether there is a subsisting relationship of spouse, partner or dependant, that is, it is for the applicant of such permit to satisfy the Minister that he or she is a spouse, partner or dependant at the time of application or renewal.

The status of relationships between the primary permit holder and his or her family members is a matter for the Irish Immigration and Naturalisation Service under the auspices of the Minister for Justice and Equality. The situation pertaining to the presence in the State of former partners or spouses of primary permits holders is in the first instance a matter for that Minister. Establishing the situation of a spouse or civil partner whose relationship with the primary permit holder has come to an end is beyond the remit of the employment permits system. However, the reactivation employment permit scheme should facilitate such individuals whose circumstances have changed and who have obtained permission from the Department of Justice and Equality to remain in the State in their own right. On this basis, the majority of cases of separated spouses will be capable of being catered for in the new permits system and as such, I am not accepting the Deputy’s amendment