Entries by berkeleysolicitors

GUIDELINES ON MANDATORY HOTEL QUARANTINE IN IRELAND

On 26th March 2021 mandatory hotel quarantine was introduced in Ireland in an effort to prevent the spread of Covid-19.
The system is legislated for under the Health (Amendment) Act 2021 which makes provision for:
‘the mandatory quarantine of persons coming into the State from certain areas from where there is known to be sustained human transmission of Covid-19 or any variant of concern.’
Therefore, any person travelling from a designated State or any person who has been in a designated State 14 days prior to entering Ireland is obliged to complete mandatory hotel quarantine which can be pre-booked at:

PROCESSING OF LONG STAY JOIN FAMILY AND EUTR VISAS TO RESUME

In a notice published on 20th May 2021, the Minister has updated the terms of the current suspension on the processing of visas due to Covid 19.
We are happy to report that all join family visa D visa applications, as well as applications submitted under Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015 have been deemed Priority/Emergency cases and processing of same has resumed.
The processing of these applications has been suspended since 27th January 2021 due to the level 5 restrictions.
The Minister’s notice confirms:
We can now confirm that we will add the following categories to the list of Priority/Emergency cases and resume processing of these categories immediately:-

HIGH COURT CHALLENGES TO THE SUSPENSION ON PROCESSING VISA APPLICATIONS

In a notice published on the 5th May 2021, it was announced that the suspension of processing new visa and preclearance applications would continue until further notice.
Our blog post on this extension can be read here:

SUSPENSION OF VISA AND PRECLEARANCE APPLICATIONS EXTENDED UNTIL FURTHER NOTICE

Under these restrictions it is currently only priority or emergency applications which are being processed.
The restrictions do not appear to be in line with the European Commission guidance dated 3rd May 2021, which states “the Commission is proposing that Member States ease the current restrictions on non-essential travel into the EU to take into account the progress of vaccination campaigns and developments in the epidemiological situation worldwide.”

EUROPEAN COMMISSION OUTLINES PROPOSALS TO EASE RESTRICTIONS ON NON-ESSENTIAL TRAVEL

In an announcement published on the 3rd May 2021, the European Commission has proposed that Member States begin to ease current restrictions on non-essential travel from outside the European Union.
This announcement was made in light of the progress associated with the vaccine rollout as scientific advice indicates that the risk of transmitting Covid-19 is significantly lowered once a person has been vaccinated.
It is submitted that those who have received both vaccination doses will be permitted to enter the EU on presentation of a vaccine certificate.
The Commission has acknowledged that with the development of the Digital Green Certificate, Member States should also accept certificates from Non-EU nationals.

BERKELEY SOLICITORS CONGRATULATES THE SUCCESSFUL APPLICANT AND LEGAL TEAM INVOLVED IN RECENT JUDICIAL REVIEW CASE

Berkeley Solicitors offers its congratulations to the successful applicant and legal team involved in the recent judgement MAH v The Minister for Justice , delivered on 30th April 2021.
The case involves a Somalian national who was granted refugee status in Hungary after fleeing from violent threats she had received from a fundamentalist group.
After facing further violence in Hungary, the applicant arrived in Ireland in 2016, where she applied for permission to reside.
The applicant is a qualified doctor and volunteers as a translator for members of the Somalian community and also with the Irish Cancer Society. Her lack of legal status in Ireland meant that she was unable to work in the State.

CHILDREN BORN IN IRELAND WITHOUT ENTITLEMENT TO NATIONALITY OF ANY OTHER COUNTRY

Berkeley Solicitors continues to act for a number of children born in Ireland without an entitlement to nationality of any other country.

We believe that our clients are entitled to Irish citizenship pursuant to Article 6(3) of the Irish Nationality and Citizenship Act 1956.

Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended by section 3(1) of the Irish Nationality and Citizenship Act, 2001, states as follows:

“A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country.”

Berkeley Solicitors is proud to have successfully acted for one client who was approved a Certificate of Nationality on foot of Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended.

BERKELEY SOLICITORS CALLS ON THE MINISTER TO ADDRESS THE ISSUE OF STATELESS PEOPLE IN IRELAND

It is a matter of great concern to Berkeley Solicitors that Ireland continues to deny stateless persons the right to have their status recognised contrary to the UN Convention for Stateless Persons. The Immigrant Council of Ireland has stated that: ‘Ireland continues to fail in meeting international standards for providing legal framework to protect stateless […]

REOPENING OF BURGH QUAY REGISTRATION OFFICE

The Burgh Quay Registration Office will reopen for non-nationals who are registering for their first immigration permission on Monday 10th May 2021.
In the notice published on the 6th May 2021, INIS stated that the office will be in contact with applicants whose appointments were cancelled due to the closures in line with the level 5 restrictions.
It is intended that these cancelled appointments will be rescheduled as quickly as possible.
Applicants in the Dublin region who wish to register for their first immigration permission can book an appointment at:
https://burghquayregistrationoffice.inis.gov.ie/

SUSPENSION OF VISA AND PRECLEARANCE APPLICATIONS EXTENDED UNTIL FURTHER NOTICE

The decision to temporarily suspend the processing of new visa and preclearance applications has been extended as of 5th May 2021.
In its notice, the Department of Justice stated that:
‘these measures will remain in place until further notice’ and that ‘the situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.’
Due to the level 5 restrictions, there are a limited number of applications currently being processed, including priority and emergency cases.
These cases include applications for essential workers, patients travelling for necessary medical treatment and persons travelling for urgent family reasons.