Bernard Durkan (Kildare North, Fine Gael)
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Question 302: To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Number 67 of 21 June in respect of a work permit application (details supplied) if he will reconsider the application on the basis that the criteria outlined in his previous reply have been met by the applicant in that the position on offer is a highly skilled, highly paid position, the position requires specialist/scarce skills that cannot be filled elsewhere, the employer does not have more than 50% of its workforce drawn from non-EEA nationals, that adequate efforts were made to recruit and train Irish/EEA nationals for the position, that the person for whom the application for a work permit was made for was not the only employee in the company as previously outlined, that numerous applications have been sent to the Department regarding this matter; and if he will make a statement on the matter. [31756/12]

Richard Bruton (Dublin North Central, Fine Gael)
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My officials advise me 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 and

· where an employer does not have more than 50% of its workforce drawn from non EEA nationals

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 this employee 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. As no appeal was received in the Employment Permits Section this matter is now at an end. However it is open to the applicant to make a new application in this instance, addressing in particular the issues raised at the time of refusal the matter will be given further consideration.