Maureen O'Sullivan (Dublin Central, Independent)
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Question 154: To ask the Minister for Jobs, Enterprise and Innovation if he will consider implementing incentives such as the waiver of the €30,000 salary conditions for those non-EEA students who have completed their studies and cannot fulfil the work permit requirements; and if he will make a statement on the matter. [40429/11]

Richard Bruton (Dublin North Central, Fine Gael)
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The Department of Justice and Equality determines the immigration status of persons within the State and whether they can remain in the State. A student on an Immigration Stamp 2, issued by the Department of Justice and Equality, is permitted to remain in Ireland to pursue a course of studies and is permitted to engage in casual employment which is defined as not more than 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.

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".

Non-EEA students who have, on or after 1 January, 2007, acquired a primary, masters or doctorate degree from an Irish third level educational institution are eligible to apply under the Scheme.

Persons who qualify under this scheme will be granted one non-renewable extension to their current student permission (Stamp 2) for a six month or 1 year period, depending on their level of qualification, starting on the date upon which the person receives their exam results. The purpose of the permission to remain in the State under this Scheme is to seek employment and apply for a Green Card or Work Permit under normal criteria.

I wish to advise the Deputy that it is current Government policy to issue new employment permits only in respect of:

· highly skilled, highly paid positions or;

· non-EEA nationals who are already legally resident in the State on valid employment permits or;

· positions requiring specialist or scarce skills, expertise or qualifications which, otherwise, cannot be filled.

Furthermore, applications for new employment permits are normally only considered where a starting salary of €30,000 is on offer. While no change in this general policy is contemplated, consideration of Work Permit type applications under the Third Level Graduate Scheme may take cognisance of lower industry norms for the starting salaries of graduate occupations.