1441. Deputy Paul Kehoe asked the Minister for Justice the process in place for changing an employer on an atypical employment visa (details supplied); and if she will make a statement on the matter. [19624/21]
Minister for Justice (Deputy Helen McEntee): A response to the email referred to by the Deputy issued within 5 working days of its receipt. Appropriate authorisation, in line with GDPR requirements, as well as further information regarding the specifics of this case were requested so that further information and advice could be provided to the person concerned. To date, the required authorisation and requested information has not been provided.
Any correspondence received in response to the request for further information will be processed without delay and in line with the customer service charter of my department.
The Atypical Working Scheme (AWS), administered by my department, grants permission for a nurse who has qualified to work in that role in another jurisdiction to enter the State for the purposes of testing or training with a view to having that external qualification recognised by the Nursing and Midwifery Board of Ireland (NMBI).
The permission granted under the AWS Scheme does not, in itself, grant any permission to work in the State in any capacity outside that specifically required by the NMBI to ensure that a nursing candidate is suitably qualified to be registered with them.
On successful completion of the adaptation programme the nurse is eligible to apply to the Department of Enterprise, Trade and Employment for an Employment Permit on the basis of a contract of employment with a minimum duration of 24 months with an employer that is licensed and registered in line with the wider requirements of national law in this regard.
The terms of the Scheme also include the stipulation that any Employment Permit subsequently granted to a nurse is only in respect of employment by the Irish-based employer for the specific location included on the relevant atypical application form and on the permission letter issued on that basis. These terms further stipulate that an applicant is not permitted to change their employer or location of employment mid-contract and that this may be varied only in the most exceptional of circumstances.
The terms of this Scheme have been developed by agreement between my department, the Department of Health, the Department of Enterprise, Trade and Employment (with whom primary responsibility for the contract of employment for these candidates rests), the Health Services Executive, and is not subject to unilateral amendment by any individual party to that agreement.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (INISOireachtasMail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from my Department is, in the Deputy’s view, inadequate or too long awaited. Question No. 1442 answered with Question No. 1482.