Bernard Durkan (Kildare North, Fine Gael)
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102. To ask the Minister for Jobs, Enterprise and Innovation the extent to which persons employed here on a long term basis on foot of work permits but in some of which cases, gaps have appeared in respect of continuity which was not the responsibility of the employee; if he is satisfied that adequate steps are being taken to ensure that such persons have their status updates/upgraded as required; and if he will make a statement on the matter. [12701/14]

Richard Bruton (Dublin North Central, Fine Gael)
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In order to work in Ireland a non-EEA National ( ) must hold a valid Employment Permit and my Department's Employment Permits Section administers the Employment Permits system. The onus to maintain a current immigration status rests on the non-EEA national that may be the subject of a work permit application. An individual’s immigration status has a major bearing on the consideration of all classes of employment permit applications, but consideration of issues relating to the immigration status of individuals falls to the Irish Naturalisation and Immigration Services (INIS) under the Minister for Justice and Equality. My Department has no role in that process.

If an individual holds consecutive valid employment permits and maintains his or her immigration status over a five year period he or she may apply to INIS for an immigration Stamp 4 that allows him or her to work in this country without a permit. I understand from the Minister for Justice and Equality that interruptions to an individual’s permit history or immigration status can adversely affect consideration by the Minister for Justice of an individual’s application for such a stamp.

I am aware of a small number of historical cases - going back ten years – whereby an individual’s immigration status expired whilst a permit application was being processed. I understand that, in these historical cases, the late submission of renewal applications by the individuals’ employer was a contributory factor in the delay experienced. I am satisfied that, in the intervening ten years, adequate steps have been taken to ensure that the risk of such a situation arising again has been minimised. For example, changes introduced in the 2006 Employment Permits Act, whereby the employment permit now issues directly to the employee (not, as was previously the case, to the employer), give the employee more control over the process and he or she is fully aware of the duration and expiry of the permit itself.

Nonetheless, the onus for maintaining his/her immigration status up to date rests on the individual in all cases. There is an extensive range of information available on the websites of both INIS and my Department clearly advising applicants that this is the case. In addition, my Department’s website and all application forms inform the applicant that renewal application forms must be submitted within a reasonable period before the permit expiry date in order to ensure that an employee’s permit history remains unbroken.

In the past, processing times could run to months. I am satisfied that, due to ongoing improvements and efficiencies introduced in the Employment Permits Section of my Department, such lengthy processing times are a thing of the past. I am pleased to inform the Deputy that current processing times run to weeks not months, with the average wait time in February 2014 being 14 business days.

I would also assure the Deputy that there is a close and ongoing working relationship between the Employment Permits Section of my Department and INIS, and both Sections work together to resolve issues pertaining to residency and employment permits where they arise. In addition to the changes already introduced, the Employment Permits Bill (2014), which I intend to publish shortly and introduce in the Houses in this session, will provide for an employment permit for individuals who had been in possession of an employment permit, but through no fault of their own, have fallen out of the system.

Thus I am satisfied that the steps outlined above that have been taken by my Department in recent years – both legislatively and administratively – and the new permit type I am introducing in the upcoming Bill, together with the ongoing close working relationship we have with INIS, address the concerns expressed by the Deputy.