Update: Requirements for Work Permits – Jobs, Enterprise and Innovation 20th November, 2014

DAIL QUESTION

NO. 44

To ask the Minister for Jobs, Enterprise and Innovation the extent to which holders of work permits over a number of years may be facilitated to address any voids in their continuity with particular reference to the lack of requirements for a work permit after a five year period; and if he will make a statement on the matter.

*    For WRITTEN answer on Thursday, 20th November, 2014.
 

Ref No:   44738/14    

Minister for Jobs, Enterprise and Innovation (Mr Bruton)

A non EEA national who has been the holder of an employment permit and has been employed on foot of employment permits for an unbroken five year period may apply to the Garda National Immigration Bureau (GNIB) for long term residency in the State.

Section 20(2) of the Employment Permits Act 2006 (as amended), provides that:

“an application for a renewal of an employment permit shall be made within such period as may be prescribed”.   Regulation 6(3) of S.I. Number 432 (2014) prescribes that period as one month after the expiry of the period for which the original employment permit was granted. Once an applicant submits an application for the renewal of their employment permit within this one month period, the renewed permit is backdated to the date of expiry of the original permit and thus no void in the continuity of their employment permit is created.
All non-EEA nationals resident in the State, regardless of whether or not they possess an Employment Permit, are required to keep their immigration status up-to-date at all times by fulfilling the requirements set down by the Minister for Justice and Equality. The decision as to whether non-EEA nationals are granted long term residency is a matter for my colleague, the Minister for Justice and Equality and any remedy for non-EEA nationals with voids in their residence continuity is a matter for her.