Written answers

Tuesday, 27 May 2025

Department of Enterprise, Trade and Employment

Work Permits

Photo of George LawlorGeorge Lawlor (Wexford, Labour)
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253. To ask the Minister for Enterprise, Trade and Employment if any flexibility is allowed in determining eligibility for an employment permit, in relation to the advertisement period of 28 days required under the labour market needs test; if each application is determined fully on its merits; if fully qualified and eligible applicants applying for positions that are needed in the economy can be progressed regardless of this rigid advertising time rule, in particular the case of an applicant (details supplied) for a permit; and if he will make a statement on the matter. [27393/25]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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My department commenced the Employment Permits Act 2024 in September last year, representing the biggest reform of employment permits legislation in over a decade. The 2024 Act allows for a more modern, flexible employment permits system as well as ensuring employee rights are maintained and the domestic labour market is protected.

The Labour Market Needs Test (LMNT) is one of the criteria used in the employment permits legislation to ensure that job vacancies are first offered to nationals of Ireland, the EEA, the UK or the Swiss Confederation. It underpins the Government’s employment creation objectives by ensuring employment opportunities are accessible to those already in the local and EEA labour markets by requiring that the the vacancy is advertised for at least 28 days. If no suitably qualified candidate can be found within Ireland/the EEA, the employer can then apply for an employment permit.

The 2024 Act amended the LMNT process making it easier for employers to place vacancy advertisements. The Act eliminates the need for hard copy newspaper advertisements and allows online employment website postings to be submitted as part of the employment permit application criteria.

The requirement for an LMNT to be conducted before an application is submitted applies to the General Employment Permit, the Seasonal Employment Permit, and the Contract for Services Employment Permit for eligible roles across all sectors.

LMNTs are not required for roles on the Critical Skills Occupations List, as they are highly skilled occupations which are experiencing labour or skill shortages which are required for the proper functioning of the Irish economy.

There are no plans to alter the 28-day period for occupations where it is required. To maintain fairness and transparency in the employment permit system and comply with the Employment Permits Regulations 2024, it is not possible to make exceptions to the 28 day time-frame for individual applicants.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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254. To ask the Minister for Enterprise, Trade and Employment the process being put in place to fulfil the Programme for Government commitment to "Examine ways to facilitate people who are on work permits to move jobs more easily and legally, while protecting the integrity of the immigration system"; and if he will make a statement on the matter. [27573/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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A well-functioning labour market and good working conditions are essential components of sustainable and inclusive growth. As part of the efforts to maintain this, the Government operates a managed employment permits system which is responsive to labour market needs. I recognise the valuable role migrant workers play in Irish society, particularly in critical areas such as healthcare and ICT. 2024 saw significant progress in implementing changes to the employment permits system to address the commitments now set out in the Programme for Government.

The Employment Permits Act 2024 introduced several improvements to the employment permits system, making it more flexible. This includes the provision of a new change of employer process facilitating permit holders to move jobs more easily. Permit holders on the two main permit types can change to a new employer under their existing permit after a period of nine months has passed since commencing their first employment permit in the State. This has made it significantly easier for permit holders to seek more favourable working conditions and encourages employers to provide such conditions.

The change of employer option applies to the General Employment Permit and the Critical Skills Employment Permit. General Employment Permit holders can apply to change to a different employer for the same role they are already working in. Critical Skills Employment Permit holders can change to another employer across a broader category of employments, for example, different engineering roles. Critical Skills Employment Permit holders have additional flexibility as their roles are identified on the Critical Skills Occupations List as being in high demand for sectors crucial to the functioning of society.

The new employment permits application and processing system which launched in April provides a more user-friendly interface which ensures that permit holders can continue to access the change of employer option. Processing times for change of employer applications currently take 1-2 days, ensuring that permit holders are not unduly delayed in changing employers.

Exceptions to the 9-month time-frame are considered by my Department on a case-by-case basis where the permit holder may have experienced employment rights violations.

The 2024 Act further ensures that employment permit holders have greater flexibility and the same access to job progression and recognition as their EEA colleagues by allowing for promotions and internal transfer within their existing permit. This reduces the administrative burden for companies and permit holders and reduces the risk of accidental non-compliance with employment permits legislation.

Officials from my Department will continue to monitor the employment permits system to ensure that it remains responsive to the needs of the labour market.

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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255. To ask the Minister for Enterprise, Trade and Employment the measures he is taking to address the delay with work permits issuing for HGV drivers; his response to a letter from an organisation (details supplied); and if he will make a statement on the matter. [27668/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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My Department is aware of the ongoing challenges in the haulage sector and has taken measures to support the industry. Most recently, in April 2025, the quota for HGV/Bus Mechanics was extended by 200 permits in direct response to identified labour shortages.

Ireland’s economic migration policy prioritises sourcing labour from within the State and the EEA. Where persistent shortages exist, the employment permits system allows for the recruitment of suitably qualified non-EEA nationals. The Labour Market Needs Test (LMNT) is one of the criteria used in the employment permits legislation to ensure that job vacancies are first offered to nationals of Ireland, the EEA, the UK or the Swiss Confederation. It underpins the Government’s employment creation objectives by ensuring employment opportunities are accessible to those already in the local and EEA labour markets by requiring that the vacancy is advertised for at least 28 days. If no suitably qualified candidate can be found within Ireland/the EEA, the employer can then apply for an employment permit. Advertising through the Department of Social Protection's JobsIreland platform and the EURES network ensures broad and fair visibility of vacancies.

The Employment Permits Act 2024 amended the LMNT process making it easier for employers to place vacancy advertisements. The Act eliminates the need for hard copy newspaper advertisements and allows online employment website postings to be submitted as part of the employment permit application criteria.

The requirement for an LMNT to be conducted before an application is submitted applies to the General Employment Permit, the Seasonal Employment Permit, and the Contract for Services Employment Permit for eligible roles across all sectors. Once the Labour Market Needs Test has been completed, General Employment Permit applications are typically processed within 10 days.

The Road Safety Authority (RSA) sets out the applicable standards and determines eligibility for driving licence exchange. Recently, an issue has arisen regarding data sharing between my Department and the RSA for the purpose of verifying non-EEA driving licences to facilitate work permit applications for HGV drivers. An early resolution to this issue is being prioritised to enable the timely issue of employment permits.

Visas and residence cards are a matter for the Department of Justice. PPS numbers are a matter for the Department of Social Protection.

It is important to note that the employment permits regime is intended as one part of a broader strategy to address skills deficits. It is not a replacement for, nor an alternative to, the critical work of upskilling the domestic workforce to meet future labour demands.

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