Bernard Durkan (Kildare North, Fine Gael)
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531. To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 329 of 10 November 2016, regarding the case of the person (details supplied), the exact procedure to be followed to legally enter the workforce, in view of the fact that a separate reply to a parliamentary question from the Department of Justice and Equality on 16 April 2016 indicated that the responsibility rests with her Department; and if she will make a statement on the matter. [40761/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I note that the parliamentary question response you refer to from my colleague the Minister for Justice and Equality informed you that a decision letter from the Irish Naturalisation and Immigration Service issued to the person mentioned on 16 February 2016. The Tánaiste’s response went on to inform you that the same person was informed of their options in January 2013 and in February 2015.

I understand the individual has also been informed of the legal consequences of residing in the state without the permission of the Minister for Justice and Equality.

The Deputy will appreciate, that employment permits are normally applied for in relation to non-EEA nationals that are not resident in the State. Employment Permits applications can be considered for non-EEA nationals who are already lawfully resident in the State and hold a valid Certificate of Registration (GNIB card) with Stamps 1, 1A, 2, 2A and 3 immigration permissions. This policy is also available on the Irish National Immigration Service website. I expect the individual will be able to determine from the decision letter from the Irish Naturalisation and Immigration Service issued on 16 February 2016 if they comply with this requirement.

As the Deputy will be aware, the Employment Permits Act 2006, as amended and supporting regulations are the legislation under which the Employment Permit process is governed.

The Irish State’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the European Union and other EEA states. Where specific skills prove difficult to source within the EEA, an employment permit, which falls under the remit of my Department, may be sought by an employer to hire a non-EEA national. A non-EEA national, unless exempted, requires an employment permit to work in Ireland.

In terms of the process, applications for Employment Permits can be made online via the Department’s website and applicants can track progress of their application via the Online Status Query webpage.

For the avoidance of doubt, applicants would need to regularise their position in the State by receiving immigration permission from the Minister for Justice and Equality that would entitle them to apply for an Employment Permit within the State.

Again, for the avoidance of doubt, an Employment Permit is not valid permission to reside in the State and immigration is a matter for the offices of both the Irish National Immigration Service (INIS) and the Garda National Immigration Bureau (GNIB). As previously stated, it appears a decision letter from the Irish Naturalisation and Immigration Service issued to the person mentioned on 16 February 2016.