Ruth Coppinger (Dublin West, Solidarity)
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206. To ask the Minister for Enterprise, Trade and Employment if an appeal by a person (details supplied) that has been submitted against the decision of his Department not to renew a work permit application has been considered; and if he will make a statement on the matter. [38382/25]

Alan Dillon (Mayo, Fine Gael)
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Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising disruption to Ireland’s labour market.

The State's employment permit system is designed to supplement Ireland's skills and labour supply over the short to medium term by allowing enterprises to recruit nationals from outside the EEA, where such skills or expertise cannot be sourced from within the EEA at that time.

The system is governed by the Employment Permits Act 2024 which came into effect on September 2nd, 2024. This legislation provides the framework for granting employment permits to non-EEA nationals seeking to work in Ireland and outlines the criteria and procedures for employers to follow.

The Employment Permits Act prohibits the issue of an employment permit, irrespective of applicant, unless at time of application 50% or more of the employees of the employer, the Irish branch of the foreign employer and either the contractor or the Irish client of the contractor are EEA nationals. This is more commonly known as the “50/50 Rule”.

The restriction on the grant of an employment permit based on the ratio of EEA employees to non-EEA employees is one of a set of measures designed to protect the domestic/EEA labour market. An application for an employment permit may be considered where, at time of application, at least 50% of the company's employees are nationals of the EEA (including Ireland), the Swiss Confederation, the UK or a combination of these. This criterion underpins the Government’s employment creation objectives by requiring employers in the State to hire in a balanced manner from the local labour market and ensures that the State complies with EU Union Preference obligations. All employees are included in the count regardless of hours worked, nationality, or immigration permission held.

I am informed that the renewal application in question was refused as the employer was in breach of the 50:50 ratio of EEA to non-EEA staff at the time of application. It should be noted that the employee may continue to work while their application is awaiting consideration at appeal stage.

I am aware that there are particular staffing pressures in the health sector at present and officials in my Department are consulting with the Department of Health on this issue.

The Employment Permits Unit operates a dedicated mailbox for TD queries in respect of Employment Permit applications - tdepqueries@enterprise.gov.ie