Entries by berkeleysolicitors

IRISH RESIDENCE PERMITS REPLACE GNIB CARDS

The Garda National Immigration Bureau card (GNIB card) is currently being phased out and replaced by the new Irish Residence Permit (IRP) since the 11th December 2017. Individuals who are not EEA citizens or a national of Switzerland and who currently have a GNIB card do not have to apply for a new Irish Residence Permit until their GNIB cards expire, are lost or stolen.

CHANGE IN POLICY FOR FAMILY REUNIFICATION FOR NATURALISED REFUGEES

There appears to be a recent worrying change in policy within the Family Reunification Section of the Irish Naturalisation and Immigration Services regarding refugee family reunification applications made under Section 18 of the Refugee Act 1996 by naturalised refugees.

VISA DELAYS – THE ATIF AND MAHMOOD CASE

The Irish Naturalisation and Immigration Service indicates that it renders a decision in that majority of visa applications within eight weeks of receipt. It further indicates that Join Family visas take significantly longer, estimating six months for circumstances where the sponsor is an Irish citizen or in Ireland and entitled to immediate family reunification, and twelve months for all other instances.

RECOGNIZING FOREIGN ADOPTIONS FOR IMMIGRATION PURPOSES

The recognition of a foreign adoption for the purposes of immigration arises in circumstances where an individual who is legally residing in Ireland applies family reunification with their adopted child, where the child is resident in their own country of origin and by consequence, the adoption is done through their country of origin’s law.

REVISED RULES ON THE STUDENT PATHWAY

In 2016 the Irish government introduced a new Stamp for international non-EEA students who wish to stay in the State once they are finished their Irish degree programmes. The Stamp 1G is a stamp for non-EEA international students which allows those currently holding Stamp 2 permissions to avail of a Stamp 1G Third Level Graduate programme.

RECENT CHANGES TO THE DE FACTO PARTNERSHIP SCHEME

Under De Facto Partner Immigration Permission, the non-EEA partners of Irish citizens or legal residents on Stamps 1,4 or 5 can apply for permission to remain in the State on the basis of their relationship with the Irish citizen or legally resident person. This permission is conditional on the basis of their continuous relationship with the Irish citizen or legally resident person.

UPDATE ON THE LUXIMON CASE

The Supreme Court has now decided to hear appeals on the Luximon case, a case with potentially significant ramifications for non-EEA persons who remained in the State after originally arriving as Stamp 2 visa-holding students that now wish to regularise their status.

UPDATE ON ASYLUM SEEKERS RIGHT TO WORK IN IRELAND

Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.

THE RIGHT OF NON-NATIONAL SPOUSES OF IRISH CITIZENS TO RESIDE IN IRELAND: GORRY V MINISTER FOR JUSTICE AND EQUALITY

The Court of Appeal has considered the right of an Irish citizen to have their non-national spouse reside with them in Ireland in the case of Gorry v Minister for Justice and Equality [2017]. The Court concluded that an Irish citizen does not have an absolute right to have their spouse reside with them, and acknowledged “the right to control aliens, their entry into the State, their departure, and their activities within the State, is part of the inherent power of the State as a sovereign State.” However the Court emphasised the duty of the Minister, on behalf of the State, to thoroughly consider the rights of the couple as a family within the meaning of the Irish Constitution and the rights of the individual as a citizen and to balance such rights against the interests of the State to determine whether an individual may reside in Ireland with their Irish spouse.