Bernard Durkan (Kildare North, Fine Gael)
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Question 105: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the procedure to be followed by a non-EU national who has been here for the past six years on an educational visa which allowed them to participate in part-time employment but now wishes to obtain full-time employment on foot of a job offer available to them; and if he will make a statement on the matter. [42234/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Non-EEA nationals granted permission to remain in the State fall into one of two categories: visa and non visa required nationals. A non visa required national legally resident in the State on student conditions can seek to change their status to allow them enter employment.

There are two main ways by which a non visa required national can take up employment, work permit and work authorisation. Work Authorisation is a scheme which covers highly specialised areas of the economy requiring a high level of skill and educational achievement — for example, the high-tech, medical, and engineering sectors. The criteria for issuing Work Authorisations changes regularly, according to the demands of the economy. The second option open to the person concerned, if they do not qualify for a Work Authorisation is for a prospective employer in Ireland to apply for a Work Permit in respect of them.

Work Permits and Authorisations are issued by the Department of Enterprise Trade and Employment who will be in a position to provide information as to the current status of these programmes.

Should a visa required national wish to take up employment, they must first leave the State and apply for the appropriate visa. However, should the offer of employment directly relate to the qualification obtained from the course of studies, a change of status within the State may be considered by their Immigration Officer. It would also follow that a prospective employer must apply to the Department of Enterprise, Trade and Employment to obtain a Work Permit or Work Authorisation on the person's behalf.