Written answers

Thursday, 15 January 2015

Department of Jobs, Enterprise and Innovation

Work Permit Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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89. To ask the Minister for Jobs, Enterprise and Innovation if favourable consideration might be given to the issue of a work permit to a person (details supplied) in County Kildare whose current residency status is Stamp 2 but who is in a position to provide vital back-up care to a family in unique and compelling circumstances; and if he will make a statement on the matter. [2077/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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There is no record in my Department of a current permit application made by the person named by the Deputy or of a previous application made to this Department by that person. The Employment Permits (Amendment) Act 2014 generally provides that employment permits may not be granted to non-EEA nationals to work as carers, as this occupation is included on the list of “. However, an exception may be made for an application for employment as a carer in a private home, where the person who requires the care has a severe medical condition and the prospective carer is a trained medical professional (a medical practitioner or a nurse as listed in ), or where it can be demonstrated that the applicant has a long history of caring for the person requiring the care.

An applicant submitting an employment permit application for the position of a carer in these exceptional circumstances will be required to include additional documentation with the application. This additional information may, depending on the circumstances, include the following:

- copies of qualifications confirming that the foreign national is a trained medical professional (a medical practitioner or a nurse);

- a letter from a registered medical practitioner specialising in the area of illness of the person for whom he/she will be caring, confirming that that person has a severe medical condition;

- a copy of a P60, payslips, a notarised letter or an affidavit establishing that the foreign national has a long history of caring for the person concerned; and

- a letter from a registered medical practitioner specialising in the area of illness of the person for whom he/she will be caring confirming that that person has special care needs.

Where the above criteria are met, an employment permits may be granted, subject to all other applicable criteria (such as salary) also being met.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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90. To ask the Minister for Jobs, Enterprise and Innovation if further reconsideration will be given to application for work permit in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [2081/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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There is no record in my Department of a current work permit application in respect of the person named by the Deputy. A work permit application in respect of this person was refused by my Department on 11th April 2014 for a number of reasons. It appeared from the information received that the position on offer was one of the occupations ineligible for an employment permit and that insufficient efforts were made to recruit an Irish or EEA/Swiss National for this position by advertising with DSP Employment Services/EURES and also in national or local newspapers or on a job website (other than DSP). In addition, the level of remuneration offered in respect of the position for which a permit was sought was less than the minimum remuneration of €30,000 per annum required. It was open to the applicant in this case to request that this decision be reviewed in accordance with Section 13 the Employment Permits Act, 2006, within twenty-one days from the date of the refusal letter that issued in respect of this application. However, no such request for a review was received from the applicant.

An application for a General Employment permit will be considered where an applicant secures a job offer that meets the necessary criteria for that permit. These criteria include the requirement that the prospective employer demonstrate, by way of a Labour Market Needs Test, that it has not been possible to find an EEA national to fill the post, and an undertaking to pay the appropriate salary to the non-EEA national.

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