Noel Ahern (Dublin North West, Fianna Fail)
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Question 101: To ask the Minister for Enterprise, Trade and Innovation if he will clarify the case of employment permit system for foreign workers in this country; if he will allow foreign workers to own their work permit in order that they can change employer; if he will grant this for a limited number of long stay workers who are here for five, seven or for ten years; if he will allow transfer for work permit to a new employer free of charge when an employer goes out of business or lays off workers; and if he will allow transfer in the case of a person (details supplied) who is here ten years, has a valid permit, has an offer of employment and so on. [18814/10]

Dara Calleary (Mayo, Fianna Fail)
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It is current Government policy to issue new work permits for highly skilled, highly paid positions or for non-EEA nationals who are already legally resident in the State on valid employment permits or where there is an officially recognised scarcity of workers of a particular type or qualification. There are no restrictions on non-EEA nationals changing employer after a period of one year. The Department already facilitates those who wish to change employers with new employment permits. Last year, it issued almost 1,500 employment permits in respect of employees changing to new employers.

A fee is charged for the processing of an Employment Permit on a sliding scale, from €500 to €2,250, based on the duration of the Permit. Spouses/Dependants of principal Work Permit holders who were resident in the country prior to June 2009, charitable organizations, unlimited permits (where a Permit holder has spent five or more years with one employer) and non-EEA Nationals married to EEA Nationals are exempt from these fees. Full details of all fees applicable are set out on my Department's website at www.deti.ie. Fees may be refunded to the applicant if the application is refused or withdrawn prior to the issuing of the permit.

However, a properly controlled employment permit system requires that permits be issued to a specific employee for a specific job with a specific employer. To do otherwise would not only risk abuse of the employment permit system but would make it much more difficult to ensure that employers observed the employment rights of employees.

In addition, the previous Minister of the Department of Enterprise, Trade and Employment, An Tánaiste Mary Coughlan TD, in conjunction with the Minister for Justice, Equality and Law Reform, announced on the 28th August 2009 that it will not be necessary for those who have been working lawfully and who have held an employment permit for 5 consecutive years to have an employment permit to remain in employment. On presentation of the relevant documentation to the Immigration Authorities they will now be facilitated with a the appropriate endorsement.

In the specific case raided by the Deputy, the person concerned may attend Garda National Immigration Bureau headquarters at Burgh Quay, or his local Immigration Officer, to ascertain his eligibility to obtain a the appropriate endorsement which may then entitle him to full access to the labour market without recourse to a Work Permit.