Spouses of those with employment permits and on intra-company transfers could be permitted to work

The Government is looking at whether spouses and partners of those covered by employment permits or intra-company transfer arrangements should have the right to work in Ireland.

Minister for Justice Helen McEntee told the Dáil last week in an answer to a parliamentary question tabled by Fine Gael TD David Stanton that “in particular we are prioritising consideration of the issue of whether spouses and partners of intra-company transferees should have the right to work in Ireland”.

The current arrangements are set out in a policy for non-European Economic Area (EEA) family reunification which was last amended in 2016.

The Minister said that these arrangements reflected “the long-standing requirement that work permit holders seeking to be joined by their families should be in secure and sustained employment and in a position to support their family members without recourse to public funds”.

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“However, the policy is currently under review and my department is continuing to engage with key internal and external stakeholders on the complex issues involved. As part of this review, we are very conscious of the important role that migrant workers make to our economy and broader society. We are also very much aware of the need to enhance Ireland’s attractiveness as a destination for skilled and migrant workers, ensuring the long-term sustainability of our economy and addressing our future demographic challenges, while at the same time providing opportunities for migrant families who contribute so much to our society”, Ms McEntee said.

The Department of Justice subsequently told The Irish Times that it expected to conclude “shortly” the element of the review looking at whether spouses and partners of those covered by employment permits or intra-company transfer arrangements should have the right to work in Ireland.

The department also said that in addition to the review of the non-EEA family reunification policy, work was under way to unify the current system whereby employment permits and immigration permissions are dealt with separately.

“The Government has agreed in principle that a single application procedure for employment permits and immigration permissions should be developed and that an interdepartmental working group should be established to develop an implementation plan for consideration by Government.”

“The interdepartmental 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 shortly. The working group’s report will also enable Government to consider opting into the recast EU Single Permit Directive at a future date”, the Department of Justice said.

This directive sought to establish a simplified application procedure and one single permit covering both the right to work and to stay in the EU. It currently does not apply in Ireland or Denmark. In April 2022, the European Commission adopted a proposal to revise the directive.

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