Robert Troy (Longford-Westmeath, Fianna Fail)
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575. To ask the Tánaiste and Minister for Justice and Equality if a person going through the asylum process can apply for a work permit; if so, the criteria for same. [39601/20]

Helen McEntee (Meath East, Fine Gael)
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International protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment. Access is provided under the European Communities (Reception Conditions) Regulations 2018. These Regulations transpose the EU (recast) Reception Conditions Directive and came into operation from 30 June 2018.

The Regulations provide access to both employment and self-employment for any applicant who has not received a first instance decision within 9 months of making their international protection application.

Applications are made to the Labour Market Access Unit (LMAU) of the Immigration Service of my Department. If the application is successful, a labour market access permission is granted, which is valid for 6 months from the date of issue and may be renewed until a final decision is made on the person's international protection application.

Following a review of access to the labour market for persons seeking international protection led by my Department, and approval of the recommendations by Government, I announced on 21 October 2020, that a number of positive changes are being introduced. The waiting period for applying for a labour market permission is being reduced from 9 months to 6 months and the validity of the permission is being extended from 6 months to 12 months. I also announced that we will expand the access to the labour market to include those applicants who received a first instance recommendation before the European Communities (Reception Conditions) Regulations 2018 came into force, provided that they meet the criteria set out in the Regulations. The restriction preventing people accessing employment with public health employers, subject to them having the necessary qualifications, is also being removed.

These changes will need to be facilitated by an amending Statutory Instrument to the 2018 Regulations, which it is hoped to progress as soon as possible.