Bernard Durkan (Kildare North, Fine Gael)
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Question 103: To ask the Minister for Jobs, Enterprise and Innovation when he expects to review the application for a work permit in the case of a person (details supplied) in County Kildare whose position has been advertised unsuccessfully on a number of occasions; if in such circumstances he will now approve the relevant work permit; and if he will make a statement on the matter. [26111/12]

Richard Bruton (Dublin North Central, Fine Gael)
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I wish to advise the Deputy that this Work Permit application was refused on the 15th December 2011 on the grounds 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 cannot be filled elsewise.

Furthermore permits are issued in respect of employment where it is established that a minimum salary of €30,000 per annum is on offer, based on a 39 hour week.

It appeared that insufficient efforts were made to recruit/train an Irish or EEA National for this position. New work permit applications can only be considered where it is established that the position has been advertised with FÁS/EURES for a period of 8 weeks and that this advertisement has been flagged as a work permit vacancy and advertised for at least six days in both local and national newspapers.

Finally, it also appeared from the information provided that the applicant was already working for the company without having a valid employment permit and that the company had no other employees.

The applicant was notified of this decision in writing and of their right to appeal this decision within 21 days. No such appeal was received in the Employment Permits Section.