Entries by berkeleysolicitors

NOTICE REGARDING RE-OPENING OF BERKELEY SOLICITORS

Berkeley Solicitors has reopened on the 30th March 2020, following a temporary closure. Our phone lines will be open from 9 am to 12 midday, Monday to Friday. If you wish to contact us outside of these times, please email us and we will revert as soon as possible…….

ANNOUNCEMENT REGARDING AUTOMATIC EXTENSION OF RESIDENCE PERMISSIONS FOR TWO MONTH PERIOD

On the 20thMarch 2020, the Immigration Service Delivery (formerly INIS) made an important announcement regarding the automatic extension of some non-national’s residence permissions. The ISD confirmed that any residence permission due to expire between the 20th March 2020 and the 20th May 2020 will automatically be renewed for a two-month period. This means non-nationals do not have to attend the registration offices in person to extend their permission in the usual way.

NOTICE REGARDING TEMPORARY CLOSURE OF BERKELEY SOLICITORS DUE TO COVID-19 CRISIS

Berkeley Solicitors have temporarily closed the office due to the Covid 19 crisis.

The temporary closure is from close of business Thursday the 19th March 2020 to Monday the 30th March 2020.

This difficult decision has been made for the safety and protection of our staff and our clients, and in an attempt to adhere to  the national guidance for Covid-19.
During the period of the temporary office closure, we will continue to notify all clients of any correspondence received on their case.

COVID-19 AND INIS REGISTRATION REQUIREMENTS

On the 13th March 2020, the EU Treaty Rights Section have announced the following new measures;
In response to Government measures to ensure public health and safety in light of COVID-19, EU Treaty Rights Division of Immigration Service Delivery wishes to advise of the following arrangements with immediate effect.
If you are the holder of a valid EUFam Residence card (including a Permanent Residence Card) that is due to expire between now and the 29th March 2020, your permission will be extended automatically until Monday 27th April 2020……………….

UPDATE ON BREXIT AND WHAT IT MEANS FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS EXERCISING THEIR EU TREATY RIGHTS IN IRELAND

On 31st January 2020, the United Kingdom left the European Union meaning that the transitional period has commenced and will run until the 31st December 2020. The Department has confirmed that during this transition period, EU rules and regulations will continue to apply to the family members of British citizens who are currently resident in Ireland, that is to say they will continue to benefit from Directive 2004/38 and the European Communities (Free Movement of Persons) Regulations 2015 which provide for the rights of British citizens to live and work in the EU.

SOCIAL DEPENDENCY IN EU TREATY RIGHTS CASES

Applications for visas and residence cards for family members of EU citizens pursuant to EU Treaty Rights often require proof that the Applicant is dependent on their EU Citizen family member. The concept of dependency is not defined in the Citizens’ Rights Directive (Directive 2004/38/EC) or the European Communities (Free Movement of Persons) Regulations 2015. However, case law of the Court of Justice of the EU has established that an Applicant must show that they are not in a position to support themselves, having regard to their financial and social conditions. Several recent judgments of the High Court have shed some light on the importance of social dependency in EU Treaty Rights cases.

CLIENT OF BERKELEY SOLICITORS RECENTLY HAD THEIR STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

Berkeley Solicitors recently received a very successful and significant decision in which our client was granted naturalisation having been on Stamp 0 for a period of over five years preceding the application. This is an exceptional decision given the Department’s suggestions that stamp 0 residence permission is a low-level immigration status which is not intended to be reckonable for Citizenship and is granted for a limited and specific stay in Ireland.

COURT OF APPEAL JUDGMENT ON MEMBERSHIP OF THE SAME HOUSEHOLD IN EU TREATY RIGHTS CASES

On the 19th December 2019, the Court of Appeal delivered its judgment in the case of Subhan and Ali v the Minister for Justice and Equality. The central issue before the Court of Appeal was the meaning of the term ‘household of the Union Citizen’ for the purposes of the Citizens’ Directive. Ms Justice Baker ultimately upheld the decision of the High Court in finding that the criterion of ‘membership of the same household’ is not simply established where family members live under the same roof. Rather, members of the household of the Union citizen must be those persons who are some way central to the family life of the Union citizen.