INCREASE IN MINIMUM SALARY THRESHOLDS FOR EMPLOYMENT PERMITS FROM 1ST MARCH 2026

The Department of Enterprise, Tourism and Employment announced an increase in the minimum salary thresholds for employment permits coming into effect on the 1st March 2026.

This follows the publication of the Employment Permits Minimum Annual Remuneration: Outcome of the Roadmap Review 2025, which outlines a gradual approach to increasing minimum salary thresholds for employment permits from 1st March 2026 through to 2030.

The main changes being introduced on the 1st March 2026 include:

  • The minimum salary for General Employment Permits will increase from €34,000 to €36,605
  • The minimum salary for Critical Skills Employment Permits will increase from €38,000 to €40,904
  • The minimum salary for meat processors, horticultural workers, healthcare assistants, and home carers will increase from €30,000 to €32,691

The new roadmap also outlines that a lower salary threshold will apply for recent graduates.

The Minister for Enterprise, Tourism and Employment, Peter Burke, outlined in a statement:

 “The intention of this Roadmap is to strengthen Ireland’s competitiveness in attracting the vital skills and talent our economy needs—especially in sectors like healthcare and construction. To balance the rights of workers with the needs of businesses, the changes will be introduced on a phased basis. This will give all sectors sufficient time to prepare.”

The press release and roadmap are available here.

Berkeley Solicitors are available to provide advice in respect of the employment permit process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

DECISION FROM THE HIGH COURT IN RELATION TO DELAYS IN THE PROCESSING OF NATURALISATION APPLICATIONS WHERE BACKGROUND CHECKS ARE OUTSTANDING

The High Court has delivered judgement today titled MJ v The Minister for Justice, AA v The Minister for Justice dated 30th January 2026, which were two test cases heard on the issue of whether the Minister’s delay in determining naturalisation applications, where outstanding external background checks are awaited. Many other applicants for naturalisation whose applications are also experiencing long delays due to background checks have been awaiting this judgement. We wish to confirm that Berkeley Solicitors acted on behalf of one of the Applicants.

In both cases, the applicants had applied for naturalisation in and around May 2022. The Minister had informed the applicants that their applications were straightforward applications and the average processing time for straightforward applications submitted at that time was stated to be approximately 23 months. Despite this, the applicants had been waiting approximately three and a half years for decisions at the time the cases were heard in October 2025.

The Minister had advised the applicants in correspondence that they were being subjected to background checks and that the results of those checks where awaited. They were advised that decisions on their naturalisation applications would issue within 12 weeks of the receipt of those checks.

The Applicants remain in the dark as to why they were subjected to additional background checks, what the checks involve and when they might conclude.

The High Court has held in both cases that the Minister’s delay in these circumstances is not unlawful.

Judge Bradley has held in respect of both Applicants that he cannot find that  there has been an actual refusal to make a decision on each of the Applicant’s application for citizenship which amounts to a wrongful refusal or (ii) that the delays in making a decision in each of the cases of Ms. MJ and Mr. AA are “such an egregious and unjustified delay” in dealing with the their applications “so as to be tantamount to a refusal in its effect”:

Judge Bradley has refused to grant an order directing the Minister to make decisions on these naturalisation applications and has refused to give any declaratory relief to the Applicants that would indicate the delay on behalf of the Minister in such instances is unlawful.

The Applicants remain without decisions on their naturalisation applications. It remains unclear when the background checks awaited by the Minister will be concluded.

We understand the full judgement should be available on the Courts website in the near future. https://www2.courts.ie/judgments

Berkeley Solicitors are available to provide advice in respect of all matters relating to the naturalisation application process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

REVISED POLICY DOCUMENT ON NON-EEA FAMILY REUNIFICATION – PUBLISHED 26TH NOVEMBER 2025

The Department of Justice, Home Affairs and Migration published a new Policy Document on Non-EEA Family Reunification on the 26th November 2025 (‘the 2025 Policy Document’). This has replaced the previous version published in December 2016.

The 2025 Policy Document sets out established criteria to be met to facilitate family reunification for certain categories of persons who are legally resident in the State. There are a number of key changes in this revised version of the Policy Document, which we have provided an overview of below.

Categories of Family Members

The 2025 Policy Document now outlines three categories of family members in respect of whom applications for family reunification can be made. The categories are Nuclear Family (which consists of spouse, civil partner, and unmarried children under the age of 18), Dependent Parents and Dependant adult children.

Notably, dependent children, aged between 18-23 years old and who are in full-time education are no longer considered to be members of the Nuclear Family, as was the case in the previous 2016 version of the Policy Document.

To fit within the category of Dependant adult children under the 2025 Policy Document, the adult child must be “dependent on the care of the parent sponsor for their subsistence due to a serious medical or psychological condition that makes independent life unsustainable.”

Immigration Status of Sponsor

There are three separate categories of eligible sponsors under the 2025 Policy Document.

Category A Sponsor – includes Irish citizens and persons who have been granted refugee status or subsidiary protection, who are not eligible to submit an application for family reunification pursuant to s.56 and s.57 of the International Protection Act 2015.

Category A sponsors are eligible to submit an application for family reunification at any time.

Category B Sponsor – includes Investors with a permission under the IIP, Entrepreneurs with a permission under the STEP, CSEP holders, Researchers on Hosting Agreements, ISD-approved scholarship programme students, Intra-company transferees, PhD student permission holders, Full-time non-locum doctors in employment, and Ministers of Religion under the relevant Scheme.

Category B sponsors are eligible to immediate family reunification with nuclear family members. There is a waiting period of 2 years for category B sponsors to submit applications for dependant parents or dependant adult children.

Category C Sponsor – includes General Employment Permit holders, Reactivation Employment Permit holders, and Stamp 4 holders.

There is a waiting period of 12 months on an eligible permission for Category C Sponsors to submit an application for family reunification with nuclear family members, and 5 years in respect of any other family members.

Financial Thresholds

The 2025 Policy Document confirms that the Minister will consider the income of “only one individual sponsor” to determine whether the relevant required financial threshold is met to be eligible to sponsor an application for family reunification.

Category A Sponsors are required to have a cumulative gross income of €40,000 over the three-year period prior to the application, to sponsor an application for their spouse, civil partner or de facto partner.

Under the 2025 Policy Document there is no financial threshold to be met for a Category B Sponsor to sponsor an application for their spouse, civil partner or de facto partner, as they are eligible for immediate family reunification, prior to any finances being accrued.

Category C Sponsors with no children are required to have earned a gross annual income of €30,000 in the year prior to the application, to sponsor an application for their spouse, civil partner or de facto partner. This is a change to the previous policy of a requirement of an annual gross income of €30,000 in the two years prior to the application.

As was previously the case, the financial threshold that a Category C Sponsor must meet to apply for family reunification increases dependent on the number of children that the sponsor has. In this instance, the net income of the sponsor must be higher than that applied by the Department of Social Protection in assessing eligibility for the Working Family Payment (WFP). The required annual net and gross income is outlined in Appendix D of the 2025 Policy Document.

Dependent Adult Relative Applications

For all categories of sponsors, the financial threshold applied to Dependent Adult Relative applications is a gross annual income in excess of 185% of the average yearly earnings in Ireland for one relative and 250% thereof for two relatives, in each of the three years prior to the application. This percentage will be increased for subsequent adult dependent family members. The minimum gross annual salary for these applications is outlined in Appendix D of the 2025 Policy Document.

Furthermore, we highlight that pursuant to the 2025 Policy Document, in the processing of all applications for family reunification, the Minister will rigorously assess the Sponsor’s ability to financially support and accommodate the Applicant in the State.

The 2026 Policy Document is available here.

Berkeley Solicitors are available to provide advice in respect of all matters relating to the family reunification application process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

Updates Regarding Residency Applications for Parents to EU Citizen Children

The Department of Justice has now published a policy on the application procedures for parents of EU citizen children applying for residence in the State. The department has created two distinct forms to be requested and filled out by such applicants.

As a non-EEA national in Ireland, you may be eligible to apply for a right of residence based on Article 20 of the TFEU and the Judgments of the Court of the EU in three cases; Kunqian Catherine Zhu, Man Lavette Chen, -v- Secretary of State for the Home Department (Case C-200/02), London Borough of Harrow -v- Nimco Hassan Ibrahim and Secretary of State for the Home Department (Case C-310/08), and Maria Teixeira -v- London Borough of Lambeth and Secretary of State for the Home Department (Case C-480/08).

The Department of Justice have created two application forms on the basis of the Chen and Ibrahim/Teixeira judgments.

In order to be eligible to apply for permission to reside in Ireland under the Chen judgment, you must:

  • Be a non-EU national, resident in Ireland
  • Be the primary carer of an EU citizen child who is residing in the State or the minor sibling of an EU citizen child whose primary carer is the same primary carer as the EU citizen child
  • Hold comprehensive medical insurance and sufficient resources so as not to be a burden on the State

The EU Citizen child must be under the age of 18, and be a resident of any EU member state, excluding Ireland.

 

To be eligible to apply for residency permission under the Ibrahim/Teixeira, you must be the parent or primary carer of a child of an EU national who woks or has previously worked in Ireland. This child must be enrolled in full time education in the State.

You may also be eligible to apply for residency permission under this judgment where you are the non-EU national child of an EU national who works or has worked in Ireland and is engaged in full time education in Ireland.

Additionally, the following conditions must be met;

  • You entered the State when the EU National parent was exercising their rights in the State
  • You are currently resident in the State
  • You have comprehensive medical insurance
  • You have sufficient resources for yourself and any dependents living in Ireland so as not to be a burden on the State
  • You are the primary carer of the EU citizen child
  • The EU citizen child is under the age of 18
  • The EU citizen child is a citizen of an EU member state, excluding Ireland
  • The EU citizen child is resident in the State

For more information on this new application procedure, please see the link below:

EU Treaty Rights – Immigration Service Delivery

If you have any queries relating to this article, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

The Department of Justice has recently issued updated information regarding registration requirements for minors. Those who are required to register for the first time must do so as early as possible when they reach 16 years of age.

Children aged 15 years and younger are not obligated to register a permission unless specifically directed by the Minister. It continues to be the case that there is no published policy on the legal status of children who are under the age of 16. A child may be obliged to register under the age of 16 if they have been granted a permission to remain by the Minster and have been issued a permission letter which provides details in respect of registration or if they are residing in Ireland based on EU Treaty Rights.

The Department has now published a policy on the registration requirements for children who are 16 or older and their entitlements to Stamp 2A, 3, or 4 permissions upon registration. This is welcome as the Department policy in this regard has been unclear for many years.

The policy is set out as follows for children who have turned 16 years of age, upon registration:

  • Irish-born children with eligibility for citizenship who have not been naturalised will be issued a Stamp 4 permission.
  • Foreign-born children with eligibility for citizenship who have resided in the State for 5 years or greater and have not been naturalised will be issued a Stamp 4 permission.
  • Foreign born children of entrepreneurs with a permission under the Start-up Entrepreneur Programme or children of investors with a permission under the Immigrant Investor Programme will be issued a Stamp 4 permission.
  • Foreign born children of PhD student permission holders or those on ISD-approved scholarship programmes are obliged to register and will be issued a Stamp 2A permission.
  • All other foreign-born children who have resided in the State for less than 5 years are obliged to register and will generally be issued a Stamp 3 permission.

Please note that all children aged under 18 years of age who are required to register are exempt from paying a registration fee for all stamp categories.

For more information on this new policy, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/registration-requirements-for-minors/#first-time-16

If you have any queries relating to registration requirements or eligibility for naturalisation for minors, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

The Department of Justice has issued updated information regarding the process of applying for re-entry visas in emergency or extenuating circumstances.

Such circumstances include where an adult’s IRP card is lost or stolen, where it contains a significant error, or where they have not yet received their up-to-date IRP card by post prior to travel.

All applications must now be submitted via the Customer Service Portal.

Applications must be submitted in advance of planned travel, and applicants must provide proof of outbound and return flights, including details of connecting flights

If deemed applicable, applicants will be required to attend an in-person appointment at the Dublin Registration Office to obtain their re-entry visa.

Applications will be considered from details provided by each applicant, on a case-by-case basis. Therefore, applicants are encouraged to provide all relevant details and extenuating circumstances experienced.

Stamp 6 (without condition) holders who wish to obtain a re-entry visa must also follow this procedure.

Currently, children under the age of 16 are exempt from requiring re-entry visas, provided that they are accompanied by their parent or legal guardian who holds an in-date permission to reside in the State.

For more information on this new policy regarding re-entry visas, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/travel-and-re-entry-visas/

If you have any queries relating to visa applications please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPCOMING CITIZENSHIP CEREMONY – SEPTEMBER 2025

An update from the Department of Justice, dated the 14th of August, confirms that the next Citizenship Ceremonies will take place at the Convention Centre, Dublin, on Monday, the 15th of September and Tuesday, the 16th of September 2025.

Please do not contact the Department of Justice to confirm your attendance. Invitations will be issued in due course to successful applicants.
Candidates are required to bring the following:

• A valid passport

• Any additional form of identification

During the ceremony, candidates will be expected to take an Oath of Fidelity to the Nation. Certificates of Naturalisation will be sent by registered post at a later date.

Berkeley Solicitors is available to provide advice and support for anyone commencing the Naturalisation application process.

If you have any queries relating to Naturalisation please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

ONGOING DELAYS IN VISA PROCESSING FOR JOIN FAMILY VISA APPLICATIONS

There are very substantial delays in the processing of visas and preclearance for family members of Irish, UK and Non-EEA nationals in the State.

This is causing undue hardship and is causing long term separation of families, often including minor children being separated from their parents.

The Minister for Justice’s own business target is to process visa applications for immediate family members of Category A sponsors, including Irish citizens and Critical Skills Employment Permit holders within 6 months and for other sponsors within 12 months.

For visas processed in the Dublin visa office at present these targets are not being met and processing times are well in excess of these business targets.

The Department of Justice has a specific policy on their visa decisions page which states that in very narrow circumstances a request for expedited visa processing may be facilitated, such as where a family member has been hospitalised, there is a life-threatening medical emergency, or in the circumstances of bereavement of an immediate family member.

We say substantial efforts should be made by the Minister to ensure that the business targets of 6 – 12 months are being met and to reduce the backlogs in the processing of join family visa applications in the Dublin visa office.

The Department of Justice has established a Visa Desk in South Africa to manage visa applications from residents of South Africa. The desk does not process preclearance applications or applications submitted pursuant to Directive 2004/.38/EC and the European Communities (Free Movement of Persons) Regulations 2015- those applications are transferred to Dublin visa office for processing.

Processing times in the South Africa Visa Desk are stated to be approximately 6 months for immediate family members of Irish Citizens or Critical Skills Employment Permit holders and 12 months for category B sponsors, such as a General Employment Permit holders of other Stamp 4 or Stamp 1 holders.

The South Africa visa desk outlines that expedited processing will only be considered in the case of serious travel emergencies.

For applications processed by the South Africa Visa Desk the published guidelines in respect of submitting a visa appeal is to submit the appeal via a VAC or VFS Centre. This differs from visas not processed by the South Africa Visa Desk, where the standard procedure is to submit the appeal directly to the visa office or Embassy that issued the decision, with the address to submit the appeal being stated on the visa decision letter itself.

Berkeley Solicitors is highly experienced in making join family visa applications and appeals, please feel free to contact our office if you wish to make such an application or you and your family are experiencing a delay in the processing of your visa application.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

CLIENT OF BERKELEY SOLICITORS APPROVED FOR NATURALISATION BASED ON IRISH ASSOCIATIONS UNDER NEW GUIDELINES

Berkeley Solicitors would like to congratulate our client who has received an approval of a naturalisation application based under Irish Associations, on the basis of the updated guidelines.

The Irish Nationality and Citizenship Act 1956 provides that the Minister for Justice has the discretion to grant a certificate of naturalisation where the applicant is of Irish descent of Irish associations, despite the normal conditions for naturalisation not being met.

For the purposes of this Act, a person is considered to be of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner of:

  • a person who is (or is entitled to be) an Irish citizen; or
  • a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.

It is not enough for a person to simply establish that they are of Irish associations. The Minister will use his absolute discretion in considering these applications.

On 2nd April 2025, the Department of Justice published updated guidelines for those looking to apply for Irish citizenship by Irish Associations.

The new guidelines include a Table of Indicative criteria to assess applications under Irish Associations. Under these new guidelines, the Minister will take into account the following indicative categories:

  • Experiential connection to the State
  • Family connections to the State
  • Cultural connection to the State
  • Establishment in the State.

Points are awarded for satisfying certain scoring criteria related to the above categories. Applicants will need to achieve a score of at 50% or more in two or more of the above categories in order to qualify.

Berkeley Solicitors is pleased to have received a positive decision for our client in respect of naturalisation by Irish Associations under the new guidelines.

Further details of the new guidelines are available here.

If you or your family have any queries relating to applying for naturalisation via Irish Associations, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

NEW IRISH VISA REQUIREMENT FOR NATIONALS OF TRINIDAD AND TOBAGO

The Department of Justice has announced that nationals of Trinidad and Tobago are required to obtain a visa before traveling to Ireland effective from 12th May 2025. Previously, people travelling from either of these countries to Ireland have not required visas to enter the State.

With effect from 12th May 2025 nationals of Trinidad and Tobago must obtain a visa prior to entering Ireland for business, work, study or family visit purposes or to transit through the country.

Nationals of Trinidad and Tobago who made travel plans before 12th May 2025 and can provide evidence of a valid booking and payment for the trip, may be accommodated for emergency travel in the following situations where the scheduled travel is on or before 31st May 2025:

  1. A critical medical case involving a family member being seriously ill or undergoing medical treatment. Evidence from the relevant medical institution must be provided.
  2. Visiting for a significant family event – a birth, wedding, or funeral. Suitable evidence must be provided.
  3. Taking up a place obtained in a third-level institution on an undergraduate or post-graduate degree course. Evidence must be provided from the relevant institution.
  4. Taking up employment and holding an Employment Permit for Ireland. Evidence of the permit issued by the Department of Enterprise, Trade and Employment must be provided.
  5. Travelling for business. Confirmation of the arrangements for the visit from the business in question must be provided.

Persons falling within the above categories are asked to email [email protected] with the subject line “Visa Required – Emergency Travel Requested”.

The announcement can be found here

Berkeley Solicitors have extensive experience in representing clients through the Irish visa application process. Please contact our office if you would like to arrange a consultation with one of our solicitors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.