Noel Grealish (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

134. To ask the Minister for Enterprise, Trade and Employment if a work permit application can be approved in situations in which the job title is an ineligible job category but the job description and role are under eligible job categories; and if he will make a statement on the matter. [33881/22]

Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, in circumstances where there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.  The system is managed through the use of lists designating highly skilled and ineligible occupations. These lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit and are subject to twice-yearly evidenced based review in order to maintain the relevance of the lists of occupations to the needs of the economy.

These reviews are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN), the Solas Skills and the Labour Market Research Unit (SLMRU) and include a public consultation process and extensive consultation with other Government Departments through the Interdepartmental Group on Economic Migration Policy.  Account is taken of education outputs, sectoral upskilling and training initiatives and known contextual factors such as Brexit and, impact on the labour market.

When considering if an occupation specified is eligible for a Critical Skills Employment Permit, a General Employment Permit or if it is ineligible for an employment permit, consideration is given to both the job title and the description of the proposed employment provided in the application.

Occupations included on the Ineligible List are occupations where there is evidence that there are more than enough Irish/EEA workers available to fill such vacancies, and therefore an employment permit shall not be granted in Ireland.  Every other job in the labour market, where an employer cannot find a worker, may be eligible for an employment permit.

The employment permits legislation sets out various criteria that must be met when considering an application for each of the permit types available, including establishing that there is evidence of a lack of suitable labour within the domestic labour market, that a contract of employment exists between the employer and the employee, and the minimum annual remuneration and duration of the proposed employment.

Each employment permit application is assessed on its own merits and is required to meet the legislative requirements for the permit type. 

In accordance with the legislation, an application for a permit where the job title is in an ineligible category cannot be approved.