Written answers
Thursday, 26 September 2024
Department of Justice and Equality
Work Permits
Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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46. 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. [38180/24]
Helen McEntee (Meath East, Fine Gael)
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The criteria and conditions for obtaining employment permits are set by the Department of Enterprise, Trade and Employment (DETE). 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 the economy generally.
The arrangements for labour migration distinguish between occupations deemed "general" or "critical", with DETE determining the list of occupations in each category. A non-EEA national who has been granted a general employment permit by DETE is granted a Stamp 1 immigration permission by my Department. This immigration permission allows the holder to work in the State for the employer named on the permit 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.
Although employment permits are a matter for DETE, I can advise the Deputy that the Employment Permits Act 2024 has introduced a new provision allowing certain employment permit holders to apply to that Department to change from the employer named on their permit to another employer, nine months after commencing their first employment permit in the State. This provision eliminates the need for a new employment permit application. For a general employment permit holder, the new role must be the same as the role for which the original permit was issued.
Stamp 4 residence permission allows the holder to work without an employment permit. Where a person has held a general employment permit and Stamp 1 residence permission for 57 months from commencement of employment in the State, it is open to them to apply to my Department for Stamp 4 for one year initially, and to apply for renewal of that status thereafter. It is also important to note that a holder of a general employment permit may apply to DETE for a critical skills employment permit to take up employment in an eligible occupation. 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 21 months rather than 57 months.
It is also open to holders of general employment permits with five years’ residence on a Stamp 1 basis to apply for long-term residency. If granted, this allows the person to work in Ireland for a further five years without the need for an employment permit. A person resident in the State for five years on the basis of Stamp 1 permission is furthermore eligible to apply for naturalisation, subject to other conditions set out in the Irish Nationality and Citizenship Act 1956, as amended.
I can further advise the Deputy that my Department and DETE have been working with a number of other Departments on an Inter-Departmental Working Group on the feasibility of a single permit to both work and live in Ireland, with a view to improving the user experience and enhancing Ireland’s competitiveness in attracting skilled migrant workers. On 15 May 2024, I jointly announced with Minister Burke that the Government has agreed to the roll-out of a single permit to both work and live in Ireland over the next three years, and an implementation group has now been established between our two Departments.
These and other aspects of the immigration arrangements for labour market migration are kept under ongoing review, in close consultation with DETE and other relevant stakeholders.
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