Jackie Cahill (Tipperary, Fianna Fail)
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45. To ask the Minister for Enterprise, Trade and Employment if a Sri Lankan citizen who has come to Ireland on a two year work visa can switch employment in Ireland during their time here, if they continue to work in the same industry and at the same level; the implications that this would this have on their visa status; the way that they can apply for such a transfer; and if he will make a statement on the matter. [58345/22]

Damien English (Meath West, Fine Gael)
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Ireland operates a managed employment permits system which maximises the benefits of economic migration while minimising the risk of disrupting Ireland’s labour market. The system is intended to act as a conduit for key skills which are required to develop enterprise in the State for the benefit of our economy, while simultaneously protecting the balance of the labour market. The system is, by design, vacancy led and driven by the changing needs of the labour market, expanding and contracting in tandem with its inherent fluctuations.

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 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 Employment Permit applications are processed in line with the Employment Permits Act 2006, as amended and are dependent on a job offer from an Irish registered Employer for an eligible occupation.

An Employment Permit holder may apply for a new employment permit once they have completed 12 months in the role for which their permit has been granted. This requirement to remain in the first employment for a minimum period of 12 months is an attempt to strike a balance between, on the one hand, the employer’s expectations that a person will remain in his or her employment for a reasonable period of time given the costs involved in recruitment and, on the other hand, not unduly binding the employee to the employer. In exceptional circumstances, however, such as redundancy, or where circumstances (unforeseen at time of application) arise in the employment that fundamentally change the employment relationship (for example, the employer plans to change the location of the business to a site a significant distance from its current location, or the hours that the employee work are being significantly changed, or significant changes are being made to the nature of the work that the employee is required to do), a permit holder may be granted an employment permit for an alternative, eligible job before 12 months have elapsed from the date they started employment.

There is also a Reactivation Employment Permit available. This permit is designed for situations where a foreign national who entered the State on a valid Employment Permit but fell out of the system through no fault of their own, or who has been badly treated or exploited in the workplace. It allows them to work legally again. Either the foreign national or the employer can apply for a Reactivation Employment Permit. The Employment Permit is issued to the foreign national, and a certified copy sent to the employer, which permits his or her employment in the State, by the employer, in the occupation and location/s specified on the permit. As Minister I can, except in very exceptional circumstances, and subject to certain conditions consider the issue of one new Reactivation Employment Permit for a foreign national under this scheme.

All employment permits granted are employer and employee specific and therefore cannot be transferred from one employer to another. This means that if a permit holder ceases employment with a company or is made redundant, they must obtain a new employment permit before entering a new employment.

Information is provided on the Department’s website in respect of all employment permits including information regarding to each permit type, Checklist documents for a General Employment Permits and an FAQ document which answers the majority of the most common questions, all of which are available through this link – enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/

Information in relation to changing employers is also available on the Department’s website and can be accessed through the following link:- enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Changing-Employer/.