Tánaiste Announces Changes in Work Permit Eligibility

Tánaiste and Minister for Enterprise, Trade and Employment, Mary Harney today announced that very specific preference would be given to personnel from EU Accession countries when applications for work permits are being considered in the period from now until Accession on 1 May, 2004. She also announced certain changes to the occupational categories considered ineligible for work permit applications in the period to 31 December 2003.

Impact and Potential of EU Enlargement

The Tánaiste said the Employment Permits Act, 2003, which came into force in April 2003 provides for the freedom of movement, for purposes of work, of nationals of the 10 EU Accession States, after Accession. This means that with effect from the date of EU enlargement, 1^st May 2004 employers will no longer require work permits to employ nationals of these States. Accordingly, a very significant source of potential labour will become available to Irish employers, outside the work permit system, which should be of considerable benefit to employers who have not been able to find appropriate staff within the existing Irish or wider EEA labour markets".

The EU Accession Treaty, signed on 16 April 2003, contains a provision requiring Member States, when considering employment permit applications henceforth, to give preference to applications in respect of Accession State nationals. In light of this requirement, the Tánaiste said "the Department of Enterprise, Trade and Employment will be giving preferential consideration to applications for work permits in respect of Accession State nationals in the months ahead".

Finally, the Tánaiste said that her Department is confident that, in light of EU Accession, Irish employers will be able to find the great majority of their overseas personnel needs from within the enlarged EU, thus obviating the need for Work Permits. The Department will be working to this end with FAS and with the relevant authorities in various Accession States in the months ahead. The Tánaiste considers that full exploitation of the potential in this area should be of considerable benefit to employers and will allow Ireland to show an appropriate degree of solidarity with members of the workforce in the Accession countries, who may wish to work in Ireland.

Review of Work Permit Ineligible Categories

Following a detailed review of the operation of the new procedures put in place in April 2003, including consultation with sectoral interests; it has been decided to make the following changes in the ineligible occupation category list, to apply for the period to end December.

Remove from ineligible list

- International HGV & Articulated drivers

- Aircraft Mechanics/Engineers

- Fish processors/filleting

- Plasterers

The changes mean that employers may apply for a work permit in respect of non-EEA personnel having the requisite skills for the above occupations, after first seeking to recruit suitable EEA nationals through FAS/EURES.

The following list details those occupational disciplines deemed ineligible by the Department of Enterprise Trade and Employment (DETE) for Work Permit Application purposes for the second period of the new procedures. All other occupational sectors outside of those listed below remain eligible for Work Permit application purposes. Only vacancies for which the Department is currently prepared to consider WP applications will be processed by FAS for Work Permit purposes.

However, employers are invited to register all vacancies in the normal manner and avail of FAS recruitment services at 1850 66 77 66 or on the FAS web site at www.fas.ie

Accelerated Clearance Facility

As announced in April, FAS are already providing a fast-track response in relation to vacancies registered where experience to date and an assessment of present conditions suggests that it will not be possible to fill the post with an EEA national. This will continue.

Ineligible Occupational Sectors for Work Permit application purposes in period to end December 2003

• Clerical and Administrative
• General Labourers and Builders
• Operator and Production Staff
• Sales Staff
• Including retail sales, sales representatives and Management/Supervisory/ Specialist Sales
• Transport Staff
• Including Drivers - Bus, Coach, Car, Taxi, Fork Lift, etc.
• (Excluding HGV and Articulated vehicle driver - International)
• Childcare Workers
• Including Nursery/ Crèche Workers, Child Minder/ Nanny
• Hotel Tourism and Catering
• Reception staff and Barpersons
• Craft Workers and Apprentice/Trainee Craft Workers
• Including Bookbinder, Bricklayer, Cabinet Maker, Carpenter / Joiner, Carton Maker, Fitter - Construction Plant, Electrician, Instrumentation Craftsperson, Fitter, Tiler - Floor / Wall, Mechanic - Heavy Vehicles, Instrumentation Craftsperson, Metal Fabricator, Mechanic - Motor, Originator, Painter And Decorator, Plumber, Printer, Engineer - Refrigeration, Sheet Metal Worker, Tool Maker, Vehicle Body Repairer, Machinist - Wood
• (Excluding Plasterers and Aircraft Mechanic/Engineer)

Eligible Occupational Sectors for Work Permit application purposes

Employers wishing to ascertain whether their vacancy falls into an eligible/ineligible category can do so through FÀS Jobs Ireland at 1850 66 77 66. Under the new operational arrangements, those occupational vacancies considered eligible by the DETE (those not listed above) for Work Permit application purposes must first be registered with FAS for a period of 4 weeks (Ph: 1850 66 77 66). FAS will notify its local offices nationally and other European Economic Area (EEA) Public Employment Services of the vacancies to support the employers attempt to source local or EEA labour to fill the position in advance of any potential Work Permit application. In addition all Work Permit applications for eligible occupations received by the DETE will be assessed to ensure that every effort has been made to source EEA nationals.

Employers are, of course, free to seek to recruit the requisite personnel through agencies other than FAS.

Further Information on current Work Permit Procedures can be obtained from the DETE Work Permit Helpline at 1890 201616 or over the Internet at http://www.djei.ie/labour/workpermits/index.htm or www.fas.ie. Employers wishing to register vacancies with FAS recruitment services should call 1850 66 77 66.