Written answers

Tuesday, 1 December 2020

Department of Justice and Equality

Visa Applications

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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588. To ask the Tánaiste and Minister for Justice and Equality if she will intervene in the case of a person (details supplied). [39824/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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On 18 September 2020, I announced that immigration permissions which expire between 20 September 2020 and 20 January 2021 are automatically renewed to 20 January 2021. The renewal of permission is on the same basis as the existing permission and the same conditions attach. Working Holiday Authorisations are included in this notice.

Working Holiday Authorisations, employment permits and the registration of these categories of permission involve three different Departments:

The Department of Foreign Affairs is responsible for the Working Holiday Authorisation (WHA) Scheme, including its administration;

The Department of Enterprise, Trade and Employment is responsible for the employment permits system; and

The Immigration Service of my Department is responsible for registrations issued under the WHA scheme and the employment permits system.

It is a condition of the WHA scheme that a successful applicant does not seek to settle in Ireland and will leave after the authorisation period expires. Once outside the State, there is nothing to prevent the person concerned from returning and presenting themselves to the Immigration Officer at the port of entry in order to seek permission for the purposes of re-entering the State for a specified period.

Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the person concerned to have all documentation relating to his/her reasons for entering Ireland for presentation to the Immigration Officer to gain entry, i.e. work, study or tourism. The Immigration Officer may grant leave to enter for a maximum period of three months. They may, depending on the documentation presented grant a lesser period that three months.

If the person concerned wishes to return to the State in a working capacity, it is necessary for a prospective employer to obtain a work permit on their behalf prior to taking up employment.

Queries about changes sought to the WHA scheme, including the issue of transitioning from that scheme to the employment permit system, are a matter for the Department of Foreign Affairs. The Immigration Service of my Department will be guided by them in relation to any change they wish to make to their scheme.

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