Entries by berkeleysolicitors

DEFERRAL OF INCREASES TO MINIMUM SALARY THRESHOLDS

The Employment Permit Section has confirmed that there will be no increases in the Minimum Annual Remuneration (MAR) for employment permits in January 2025.

The MAR is the lowest annual salary for which an employment permit can issue. This was increased in January 2024 in conjunction with a roadmap that outlined further increases up to 2026. Further details on this can be found in the Outcome of the Review of the Employment Permits Occupations Lists: https://enterprise.gov.ie/en/publications/outcome-of-review-of-employment-permits-occupations-lists-december-2023.html.

RECENT UPDATES

More than 6,000 people were granted Irish citizenship in Killarney, Co. Kerry on the 2nd and 3rd of December this year. Seven citizenship ceremonies were held at the INEC in Killarney over the two days, with applicants from over 140 different countries living across Ireland.

UPCOMING CITIZENSHIP CEREMONY – DECEMBER 2024

The Department of Justice has confirmed that the next citizenship ceremonies are due to take place on Monday, the 2nd of December and Tuesday, the 3rd of December 2024 at the INEC in Killarney, County Kerry.

The ISD webpage confirms that invitations to upcoming citizenship ceremonies will issue directly to eligible candidates via post and email. Invitees may bring one adult guest only to the ceremony. Children are not permitted to attend the ceremonies. Minor applicants whose applications for naturalisation are approved are not required to attend a citizenship ceremony and will receive their Certificate of Naturalisation by post.

TRANSFER OF ALL NATIONWIDE RENEWALS TO THE ISD ONLINE PORTAL

On October 14th, the Department of Justice announced that responsibility for all renewals of Irish immigration residence permissions will be transferred from the Garda National Immigration Bureau (GNIB) to the Registration Office of Immigration Service Delivery (ISD). This applies to persons residing in all counties, and it will come into effect on the 4th of November this year. However, the GNIB will still be undertaking responsibility for first registrations for applicants who reside outside of Cork, Dublin, Kildare, Meath, Limerick and Wicklow.

UPCOMING CITIZENSHIP CEREMONY

The Department of Justice has announced that the next citizenship ceremony will take place on Monday the 16th September 2024. The ceremony is being hosted in the Dublin Convention Centre, at North Wall Quay in Dublin 1.
The Department of Justice has recently published details regarding the citizenship ceremonies on the Immigration Service Delivery website.

RECENT COURT OF APPEAL JUDGEMENT – A QUESTION REFERED TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

The Court of Appeal has decided to refer a question to the CJEU in the case of R.S v Minister for Justice [2024] IECA 151, delivered on 21st June 2024.

The question relates to whether the Minister can make a decision/finding pursuant to the 2015 Regulations in relation to marriage of convenience/ fraud after the individual has become an Irish citizen through naturalisation.

The facts of this case surrounded an applicant who obtained an EU Fam residence card based on his marriage to an EU national in 2010 and he later naturalised as an Irish citizen. The applicant later separated and divorced from his EU National spouse.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

The Department of Enterprise have now announced that the Employment Permits Act 2024 will come into effect from Monday, 2nd September 2024.

The new Act consolidates and updates employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017.

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

The Supreme Court delivered a judgement in the case of A.Z, M.Z and C.Z (a minor) v Minister for Justice and Equality [2024] IESC 35 on 25th July 2024. The facts of this case surrounded the deportation order of a man who is the father of an Irish citizen child, and is also married to an Irish national. A challenge was brought by the family against the decision of the Minister not to revoke the father’s deportation order. Judge Phelan found in the applicants’ favour in the High Court and the matter was appealed by the Minister for Justice.

DEPARTMENT OF ENTERPRISE ANNOUNCES 150 NEW WORK PERMITS FOR SEA FISHERS

The Department of Enterprise has announced a new quota of 150 employment permits for sea fishers in a bid to address skills shortages in the Irish fishing fleet.

This decision moves the role of sea fisher from the Atypical Working Scheme to the employment permit system. The role of sea fisher in the Irish fishing fleet is now eligible for a General Employment Permit with a minimum salary requirement of €34,000, up to a quota of 150 permits. This move will ensure that non-EEA sea fishers will have access to the same benefits and protections as other non-EEA nationals employed in the State.