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The Department of Justice have recently changed the eligibility requirements for a Stamp 4 upgrade for employment permit holders. Please note that Stamp 4 support letters are no longer required for this upgrade, and your Stamp 4 permission can be registered at your registration office.
On the 4th of March 2024, the Minister for Justice Helen McEntee announced that, effective from 7th March 2024, nationals of Dominica, Honduras and Vanuatu will now be required to obtain a visa before travelling to Ireland. A transit visa will also be required for nationals of these countries if they are travelling through Ireland on the way to another destination. The Minister stated that this decision was made to bring Ireland into closer alignment with the visa regime in the UK and Schengen area.
The High Court has recently delivered a judgement in T.R.I. (A Minor Suing by his Mother and Next Friend L.B.) v The Minister for Foreign Affairs and the Minister for Justice [2024] IEHC 96. The case concerned a minor child born in Ireland in September of 2019, whose mother holds a declaration of subsidiary protection status. Subsidiary protection is granted to individuals facing a real risk of suffering serious harm if returned to their country of origin, or their country of former habitual residence.
The Department of Foreign Affairs have stated on their website that the current estimated processing time for Foreign Birth Registration (FBR) application is over two years .Otherwise known as Citizenship by descent, FBR applications are a complex process, requiring applicants to submit official documentation relating to three generations, which may have been issued by several jurisdictions. The DFA’s guidance for FBR applications on their website states that there has been an increase in the number of these applications being submitted, and notably they have seen an increase in the number of incomplete applications.
Berkeley Solicitors have recently received a number of successful naturalisation decisions for clients resident on Stamp 0 permission.
In approving the applications for our clients, the Department of Justice have accepted that Stamp 0 is reckonable residence for the purposes of naturalisation.
The Immigration Service Delivery have published a notice in response queries of Non-EEA nationals who await the issuance of an EU Passport, of their status and obligations in the State. The notice has clarified that Non-EEA nationals, who are in receipt of court documents stating that they are citizens of an EU country, must hold a valid immigration permission to remain legally resident in the State.
On the 20th of December 2023, the Minister of State for Business, Employment and Retails announced significant changes to Ireland’s employment permits system. These changes include an increase in salary thresholds for permit holders and an additional 43 occupations becoming eligible for employment permits.
The Minister for Justice recently published a notice on their website to facilitate customers who may wish to travel over the Christmas and New Year period. The Travel Confirmation Notice states that Non-EU/EEA residents who have submitted an application to renew their permission in advance of its expiry, may use their current recently expired IRP card to travel between 6th December 2023 and 31st January 2024.
Late last year, Ms Justice Bolger of the High Court delivered a judgement in the case of S v Minister for Justice [2022] IEHC 578.The case concerned an Indian citizen who was granted a work permit to take up a position as a tandoori chef. The Applicant then applied for a visa to enable him enter Ireland to take up this employment position, but his visa application was refused. The Applicant appealed against this refusal; his appeal was also unsuccessful. The Applicant initiated Judicial Review proceedings in the High Court, seeking an order of certiorari to quash the decision. Ms Justice Bolger found for the applicant and granted the order quashing the decision.
The Minister for Justice Helen McEntee has commenced the majority of the provisions of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.
This Act has introduced significant amendments to immigration, citizenship and naturalisation law in Ireland, to take effect from 31st July 2023. The major changes are outlined below:
The Act contains amendments to a number of provisions of the Irish Nationality and Citizenship Acts.
Children born in the State who are not entitled to Irish citizenship by birth, will now be eligible to apply for naturalisation after three years of reckonable residency in the State, reduced from five years……