Written answers

Tuesday, 11 July 2023

Department of Justice and Equality

Work Permits

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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65. To ask the Tánaiste and Minister for Justice and Equality if she will grant general employment permit holders full access to the labour market after two years rather than five years currently; and if she will make a statement on the matter. [34025/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that the criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment. My Department’s role relates to the immigration rules and procedures that apply to persons granted an employment permit by that Department. Both Departments work closely together to ensure that Ireland's labour market migration arrangements are fair, efficient, and responsive to the needs of Irish society and economy generally.

To provide full access to the labour market to all employment permit holders after 2 years would require the Department to engage with other stakeholders including other government departments as appropriate.

The arrangements for labour migration distinguish between occupations deemed "general" or "critical", with the Department of Enterprise, Trade and Employment determining the list of occupations in each respective category.

I can advise the Deputy that a Stamp 1 immigration permission is granted by my Department to a non-EEA national that has been granted a general employment permit. This immigration permission allows the holder to work in the State for a named employer and is reckonable as residence when applying for citizenship by naturalisation. The immigration permission is renewable in the normal course subject to the employment permit being renewed.

Persons holding a Critical Skills Employment Permit, subject to having complied with their previous immigration and employment permit conditions, can apply for a Stamp 4 immigration permission after 2 years. This allows the holder to take up employment in the State without the requirement of an employment permit.

Where a person has held employment permits and residence permissions for the previous five years, it is open to them to apply for a Stamp 4 immigration permission. It will also be open to them to apply for Long Term Residency, which if granted, would allow them to work in Ireland for a further five years without the need for an employment permit.

It is important to state that it is also open to the holder of a general employment permit to apply for a Critical Skills Employment Permit to the Department of Enterprise Trade and Employment subject to the conditions of that permit being met.

I can further advise the Deputy that work is underway to revise the current system whereby employment permits and immigration permissions are dealt with separately, with a view to improving the user experience and enhancing Ireland’s competitiveness in attracting skilled migrant workers. The Government agreed in principle late last year that a single application procedure for employment permits and immigration permissions should be developed and that an Inter Departmental Working Group should be established to develop an implementation plan for consideration by Government.

The Inter-departmental Working Group is examining the operational, policy and legal considerations of simplifying the process for employment permits and immigration permissions to improve on timelines to secure critical skill workers. The Working Group aims to report back to government with an implementation plan and associated timelines later this year. The Working Group’s report will also allow Government to consider opting-in to the recast EU Single Permit Directive at a future date.

These and other aspects of the immigration arrangements for labour market migration are kept under ongoing review, in close consultation with my colleague, the Minister for Enterprise, Trade and Employment, and other relevant stakeholders. I will of course share the Deputy's views on this matter with my colleague.

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