Róisín Shortall (Dublin North West, Independent)
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To ask the Minister for Jobs, Enterprise and Innovation the position regarding a work permit in respect of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [5629/13]

Richard Bruton (Dublin North Central, Fine Gael)
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An application for an employment permit was refused in this instance on 4th April 2012 as new employment permit applications are currently only considered for highly skilled, highly paid positions or for positions where there is an officially recognised scarcity of supply in relation to a particular qualification or occupation type. New and renewal applications may also be considered in respect of non-EEA nationals already legally resident in the State on a valid employment permit.

The application did not appear to meet a number of criteria. Firstly, new employment permit applications are normally only considered where it is established that a minimum salary of €30,000 per annum is on offer based on a 39 hour week and where the position on offer is one of the occupations currently eligible for a new employment permit. The application indicated a salary below this level. Also, the occupation of machine worker listed in the application is one of the occupations considered ineligible for a new employment permit.

Secondly, the Employment Permits Act 2006 requires that employment permits will not issue where more than 50% of the employees in the company are non EEA nationals. It appeared from the information submitted that more than 50% of employees in the company, at the time of application, were non EEA nationals.

Finally, supporting documentation in respect of this application indicated that the proposed employee's immigration status at the time the application was made was not one which permitted them to enter full-time employment in the State.

An appeal against this decision was received on 25th April 2012 and the decision was upheld on appeal on 3rd July 2012. If the circumstances that pertained to the application change in future in line with criteria governing employment permits then it is open to the applicant to submit an application afresh.