Finian McGrath (Dublin North Central, Independent)
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Question 8: To ask the Minister for Enterprise, Trade and Innovation the various schemes and programmes that allow non-EU nationals to work in this State; and if he will make a statement on the matter. [24163/10]

Dara Calleary (Mayo, Fianna Fail)
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Under the Employment Permits Acts 2003 and 2006 a non-EEA national must hold a valid employment permit issued by my Department or have other relevant permission from the Department of Justice and Law Reform to work in the State.

The Employment Permits Section of my Department processes employment permit applications under the different Employment Permit Schemes (Green Cards, Work Permits, Spousal/Dependant and Intra-company Transfer). All applications under these Schemes are processed in accordance with the Employment Permits Act 2006.

The four types of schemes operated under the Employment Permits legislation are: ·

Green Card Scheme

The Green Card Scheme is for occupations where there are strategically important high-level skills shortages. The Green Card Scheme is available for an extensive list of occupations with annual salaries of €60,000 and above, and for a specified list of occupations with salaries between €30,000 and €60,000.

This list of occupations has been identified after taking advice from the Expert Group on Future Skills Needs and is reviewed on a regular basis with its assistance. The list includes professional and associate professional occupations where we have skill shortages, such as in the Information and Communications Technology, Health Care, Engineering, Financial Services and Research sectors. The full list is posted on my Department's website at www.deti.ie.

No labour market test is required for the Green Card applications, so advertising with FAS and the European Employment Services - EURES, and in newspapers is not necessary. Green Cards are issued for two years initially and will normally lead to the granting of permanent or long-term residence after that. Green Card holders are also permitted to bring their spouses and families to join them immediately.

· Work Permits Scheme

The second type of employment permit scheme is a Work Permit scheme. The Work Permit is mainly for non-Green Card occupations in the €30,000 to €60,000 annual salary range. It is only granted in exceptional circumstances for occupations with salaries below €30,000.

In order to establish that vacancies which are the subject of Work Permit applications cannot be filled by Irish or other European nationals, as required by our EU `Community preference' obligations, they are the subject of a rigorous labour market needs test. This test includes both advertising with FAS and the European Employment Services, or EURES, and in local and national newspapers.

There are also a number of categories of employment for which Work Permits will not to be considered, because it is clear that they can be filled from within the EEA. These occupations are also detailed on my Department's website.

Work permits are granted initially for a period of 2 years, and then, upon renewal, for a further period of up to 3 years.

· Intra-Company Transfer Scheme

The Intra-Company transfer scheme is for trans-national senior management, key personnel and trainees. This facility is designed to allow multi-national companies to transfer this cohort of staff between branches in different countries, or to transfer staff with particular skills, knowledge and expertise here on a temporary basis in a start-up situation.

These permits are only available for those with annual salaries above €40,000 who can clearly show that they fit into one of these three categories and who have been with the sending company for one year.

These permits are for a period of two years initially, with the possibility of an extension for up to a further three years. No labour market needs test is required in respect of Intra-Company Transfer applications.

· Spousal/Dependant Scheme

The fourth scheme is the Spousal/Dependant Scheme, which allows the spouses and dependants of specific Employment Permit holders who are entitled to reside here to apply for Work Permits. This allows the spouses and dependants of work permit holders to help support their families. These applications do not require a labour market needs test and may be in respect of any occupation in the labour market.