Entries by berkeleysolicitors

RETROSPECTIVE AMENDMENT OF STAMP 2 A RESIDENCE PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT, REPRESENTED BY BERKELEY SOLICITORS

Berkeley Solicitors has recently received a significant decision in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission for a number of years. We believe that this is an extremely important and highly positive precedent for others who may have been issued the wrong residence permissions and confirms that, if appropriate, the Department of Justice and Equality can back date residence permission retrospectively.

COURT OF APPEAL JUDGEMENT IN THE JONES CASE

The Court of Appeal have delivered their much-awaited judgement today in the case of Jones v Minister for Justice and Equality. Applications for naturalisation have been on hold since a judgement from the High Court in July 2019. In dealing with the High Court’s finding the Court of Appeal held that this was not a correct interpretation of Section 15 of the Irish Nationality and Citizenship Act 1956 (as amended).

THE PROBLEM WITH STAMP 3 IMMIGRATION PERMISSION

Our office continues to meet clients whose lives are severely negatively impacted by holding Stamp 3 permission. Persons on Stamp 3 immigration permission are restricted from taking up employment or working in Ireland. Many adults, who wish to work and integrate into Ireland are prevented from doing so unless their area of expertise or work experience leaves the option of an employment permit open to them. However, the vast majority of occupations are ineligible for employment permits.

PROPOSED CHANGES TO IRISH EMPLOYMENT PERMIT SYSTEM

The general scheme of the Employment Permits (Consolidation and Amendment) Bill 2019 has been published. The aim of the Bill is to consolidate existing legislation, as the Government believes any further amendment to the existing Employment Permit Acts 2003-2014 would significantly increase the complexity of the current system. Major changes proposed by the Bill including streamlining the processes for ‘trusted partner’ and renewal applications, and making the system more agile and easier to modify to meet changing economic circumstances, technological advances and process changes as they arise.

SUPREME COURT TO HEAR APPEAL ON A DECISION CONCERNING THE DEFINITION OF “CHILD” IN FAMILY REUNIFICATION LAW

The Supreme Court have accepted a “leapfrog” appeal by the Minister and State against a High Court decision concerning the definition of “child” as referred to in the International Protection Act 2015. This means that the State’s appeal will bypass the Court of Appeal and be directly heard by the Supreme Court. The Supreme Court judges have emphasised that the definition of “child” in relation to the 2015 Act has the potential to relate to any case regarding non-biological minors who are claimed to be the child of person who has international protection.

RECENT CJEU JUDGEMENT FINDS THAT INCOME OBTAINED FROM UNLAWFUL EMPLOYMENT CAN BE USED AS PROOF OF SUFFICIENT RESOURCES

The Court of Justice of the European Union has ruled that there are no requirements with regards to the source of income in providing evidence of self-sufficiency. It further held that a child is to be considered self-sufficient and not to be a burden on social welfare system of a host State where they are supported by the unlawful employment earnings of a third country national parent.

IMPORTANT JUDGEMENT RELATING TO PERMITTED FAMILY MEMBERS IN EU TREATY RIGHTS APPLICATIONS: AF AND AF V THE MINISTER FOR JUSTICE AND EQUALITY

Mr Justice Barrett delivered an important judgement on the 26th September 2019 in relation to permitted family members in EU Treaty Rights applications. We believe that this judgment will have an extremely positive impact on permitted family members for such applications. The High Court found that the Minister’s refusal of the application for an EU residence card for a dependent brother was unreasonable and to some extent irrational, and therefore quashed the Minister’s decision.