Carol Nolan (Laois-Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

504. To ask the Tánaiste and Minister for Justice and Equality if he will clarify whether persons arriving into the State without documentation, valid documentation or false documentation, and who then request international protection, can go on to access the labour market after a period of six months; and if he will make a statement on the matter. [11051/23]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.

If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. As the Deputy is aware, international protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment in the State.

The European Communities (Reception Conditions) Regulations 2018 as amended, provide access to both employment and self-employment for any applicant who has not received a first instance decision within 6 months of making their international protection application, and providing that they have co-operated with the international protection process. Labour market access permission is valid for 12 months from the date of issue and may be renewed until a final decision is made on the person's international protection application.

Whether an applicant was in possession of a valid travel document upon entering the State is not in itself a determining factor in assessing eligibility for a labour market permission. The Labour Market Access Unit (LMAU) of my Department will request that all applicants make reasonable efforts to obtain identity documents to assist with their application for a labour market permission.

Applicants must cooperate with the international protection process. This includes ensuring their Temporary Residence Card (blue card) is in date and their address is up to date with the international protection office (IPO).

The process for making an application for labour market access is set out on my Department’s Immigration Service Delivery website and can be viewed at:

www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/labour-market-access-permission/

Reasons for refusal of a labour market access permission may fall into five categories, namely:

- 5 months has not elapsed since the individual’s application for international protection was made;

- a final decision has been made on their international protection application;

- the individual’s actions or inaction has contributed to a delay in the making of their first instance decision on their protection application;

- a first instance decision has been made within 6 months; or

- the individual does not have an open application for international protection.