Jan O'Sullivan (Limerick East, Labour)
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Question 206: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will clarify if an employer can apply for a work permit for a non-EU national who is here under a student visa for the past six years and who has graduated with a qualification for work in the hospitality sector; and if she will make a statement on the matter. [35768/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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A student on a "stamp 2" is permitted to remain by the Department of Justice, Equality and Law Reform in Ireland to pursue a course of studies and is permitted to engage in casual employment which is defined as not more that 20 hours per week during term, and up to 40 hours per week during holidays. A student on a Stamp 2 is prohibited from engaging in full time employment and cannot be issued with an employment permit.

The Department of Justice, Equality and Law Reform determines the immigration status of persons within the State and whether they can remain in the State. Students on a Stamp 2 should be present in the State to pursue a course of studies and are not here for the purpose of entering employment. Accordingly this Department is not in a position to consider employment permit applications from persons present in the State on a student status apart from applications received under the "Third Level Graduate Scheme".

A non-EEA student who has, on or after 1 January, 2007, acquired a Primary Degree, an Honours Degree, a Higher Diploma, a Masters Degree, a Post-Graduate Diploma or a Doctorate Degree from an Irish third level educational institution is eligible to apply under the Scheme.

Full details of the Scheme are available on my Department's website at www.entemp.ie.