Bríd Smith (Dublin South Central, People Before Profit Alliance)
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161. To ask the Minister for Enterprise, Trade and Employment the rights or options open to a worker who commenced working in the State under a stamp 4EUFAM in 2017, in circumstances (details supplied); if there other avenues are open to persons to retain their job without the need for a general employment permit in cases in which the employment does not qualify as a critical needs employment; if such a worker can avail of any form of alternative permit arrangement; and if he will make a statement on the matter. [18988/22]

Damien English (Meath West, Fine Gael)
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Under the Employment Permit Acts in order to work in the State all non-EEA nationals require a valid employment permit or relevant immigration permission from the Minister for Justice and Equality which allows them to reside and work in the State without the requirement for an Employment Permit. 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. However, where specific skills prove difficult to source within the EEA, an employment permit may be sought in respect of a non-EEA national who possess those skills.

All applications are processed in line with the Employment Permits Act 2006 and are dependent on a job offer from an Irish registered Employer for an eligible occupation. The State's employment permit system is ordered by the use of occupationlists which determine which employments are in high demand and which are ineligible for employment permits. These lists are reviewed on a twice-yearly basis.

Non-EEA nationals holding valid immigration permission, who have been offered employment in an eligible occupation will be allowed to apply for an Employment Permit whilst already legally resident in the State. The non EEA national must hold a valid immigration stamp namely, Stamps 1, 1A, 2, 2A and 3 immigration permissions. Holders of Stamp 4 immigration permission do not require an employment permit to enter employment in the State. It is advised that in respect of the person concerned (provided in the details) who is currently the holder of a Stamp 4 should in the first instance apply to the Department of Justice with a view to changing their permission. If however an application for an employment permit is submitted, the application will be considered.

If the occupation of the person concerned is an eligible occupation for an employment permit but it is not listed on the Critical Skills Occupations List or the annual remuneration is less than €64,000 based on a 39 hour working week, it will not be possible to meet the criteria for a Critical Skills Employment Permit. In such circumstances, a General Employment Permit application may be submitted on behalf of the person concerned but it will be necessary for a valid Labour Market Needs Test for an employment permit to be carried out prior to submitting the application.

To assist applicants when applying for a General Employment Permit a checklist document has been prepared and it is available on my Department's website and can be accessed through this link:- General-Employment-Permits-Checklist.pdf (enterprise.gov.ie).

Full information on the current eligibility criteria in relation to employment permits can be found on my Department’s website at www.dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/.

My Department also has a Frequently Asked Questions on its website which aims to answer the majority of the frequently asked questions we receive from applicants for employment permits, and it is available at dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/FAQs/.

Online employment permit applications may be submitted at epos.djei.ie. A user guide to assist with online applications is available at the following link .