Work permits proposed for non-EEA students

STUDENTS FROM outside the European Economic Area (EEA) will only be able to work for one employer at a time for up to 20 hours…

STUDENTS FROM outside the European Economic Area (EEA) will only be able to work for one employer at a time for up to 20 hours per week during term time and 40 hours per week during holidays, under proposals for a new work permit scheme drawn up by the Department of Enterprise and Employment.

The draft proposals, which have been sent to the social partners, say that non-EEA students with a job offer will be required, on registration with the Garda National Immigration Bureau (GNIB), to provide details of the position, including the identity of the employer, the salary and hours.

The proposals say that where an application is approved, the student will be issued with a GNIB card with a "stamp 2", which will allow the student to work for one employer subject to the restriction on hours. "It is intended that it will be an offence for any student to be employed prior to registering their employer data with the GNIB and receiving their 'stamp 2'," the draft proposals state.

Under the proposals, the department would issue a work permit to the student and send a copy to the employer on receiving details from the GNIB.

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The Government agreed as part of the Towards 2016 national agreement to introduce a work permit scheme for non-EEA students. However, the draft proposals have only recently been issued to the social partners as part of the national pay talks.

The proposals say that to qualify, students must be registered on a full-time course of at least one year's duration. However, no labour market tests will be applied and various job categories, including those currently ineligible for employment permits, will be open to students.

The Irish Congress of Trade Unions (Ictu), which has generally welcomed the department's proposals, has urged that jobs in the construction and electrical contracting sectors should be made ineligible for all employment permits, including student permits.

"Such a restriction makes sense in light of the downturn in employment in that sector and is in line with Ireland's stated economic migration policy," it said.

Ictu also urged that the GNIB should be given sufficient information and training to allow it to "effectively carry out the consideration of the proposed job from the details provided by the student".

"In particular, the GNIB will need to be able to determine if the proposed job is being paid at the going rate, that the terms and conditions are appropriate and where there is a registered employment agreement or employment regulation order in place, that these are respected," Ictu stated.

It said it remained concerned at "the lack of progress in ensuring the bona fides of various [education] courses".

Under the department's proposals, students doing an internship as an integral part of an academic course will not be obliged to apply for a work permit. Under the plan, students who do not present at registration with a job offer and employment details will be issued with a separate Stamp 2A, signifying they are not entitled to work.

Martin Wall

Martin Wall

Martin Wall is the former Washington Correspondent of The Irish Times. He was previously industry correspondent