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

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

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

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

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.

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

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.

RECENT HIGH COURT JUDGMENT REGARDING ENTITLEMENT OF CHILDREN OF SAME-SEX PARENTS LIVING ABROAD TO IRISH PASSPORTS

RECENT HIGH COURT JUDGMENT REGARDING ENTITLEMENT OF CHILDREN OF SAME-SEX PARENTS LIVING ABROAD TO IRISH PASSPORTS

The High Court has recently delivered a judgment in respect of two families whose children were refused Irish passports in circumstances where they were born abroad to same-sex couples relying on the donor-assisted human reproduction (DAHR) procedure.

The central issue in the case was the interpretation of “parent” under section 7(1) of the Irish Nationality and Citizenship Act 1956. The Minister for Foreign Affairs’ current policy, following the Supreme Court decision in A, B & C v Minister for Foreign Affairs and Trade [2023] IESC 10 is to interpret section 7(1) as meaning that the “parents” of a child born outside the State, are (i) the child’s birth (or gestational) mother and (ii) the child’s biological father.

The Irish citizen parents in these joined cases were neither the gestational mother nor the biological father of their children but were recognised as the legal parent of their children outside of Ireland on their birth certificate from their country of birth. The Irish citizen parent in the Y case was the genetic mother of the child, albeit not the gestational mother. The Irish citizen parent in the X case was neither the genetic nor gestational mother but was a registered parent at the time of birth in Australian law.

It is important to note that provision has not yet been made by law for parental recognition which recognises parentage from birth in the case of children born outside the State following DAHR carried out and recognised in accordance with the law of the child’s domicile. There is provision for recognition for children born via the DAHR procedure in the State. This case is distinguished from the A, B & C v Minister for Foreign Affairs and Trade [2023] IESC 10 Supreme Court decision which concerned surrogacy, not DAHR.

In her judgment, Ms Justice Phelan found in respect of the Y family that the Minister for Foreign Affairs had “erred” in construing the section as excluding the genetic mother of a child recognised as a parent of that child in accordance with the law of their place of domicile. However, she rejected arguments advanced in respect of the X family that section 7(1) could also apply to “non-genetic, non-gestational parents”.

Nonetheless, the judge warned that the court’s “tolerance of legislative delays in providing for recognition of parents and children in a manner which properly respects and vindicates their identity and familial relationships is not infinite” and that “In a different case where evidence of real impact is demonstrated without sufficient justification coupled with ongoing legislative inertia, the balance may well be tipped,”.

Judge Phelan held that she was satisfied that “the absence of a legislative pathway providing for the acquisition of citizenship by the children of an Irish citizen domiciled or habitually resident abroad” constituted a “failure on the part of the State to vindicate constitutional rights”.

You can find the link to the judgement here.

Berkeley Solicitors are available to provide advice in respect of all matters relating to the Irish passport/Foreign Birth Registration 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.

 

UPCOMING CITIZENSHIP CEREMONY

UPCOMING CITIZENSHIP CEREMONY – JUNE 2025

The Department of Justice has confirmed that the next citizenship ceremonies are taking place on Monday 23rd and Tuesday 24th of June 2025 at the INEC, Killarney, Co. Kerry.

The Immigration Service Delivery (ISD) webpage confirms that invitations to upcoming citizenship ceremonies will issue directly to eligible candidates via post and email.

The ISD webpage regarding Citizenship Ceremonies can be found here.

The ISD webpage confirms that invitees may bring one adult guest only to the ceremony. Children are not permitted to attend the ceremonies. Minor applicants whose applications for naturalisation are approved are not required to attend a citizenship ceremony and will receive their Certificate of Naturalisation by post.

When candidates arrive at the ceremony, they will first be required to check-in at the registration desk. Candidates are required to bring either their passport or driver’s licence as a form of photo ID with them to the ceremony. Candidates will then be given an information booklet and an Irish emblem. The ceremony will last approximately two hours and will be presided over by a judge.

At the ceremony, candidates take an oath of fidelity to the nation that states that they will respect the rights, freedoms and laws of Ireland. Candidates will be provided the words of the declaration on the day of the ceremony. Following the citizenship ceremony, a Certificate of Naturalisation will be posted to each eligible candidate by registered post.

Berkeley Solicitors wishes to congratulate our clients who have recently been approved their applications for a Certificate of Naturalisation, and all who will be attending these ceremonies.

Berkeley Solicitors is available to provide advice and support for anyone commencing the naturalisation application process or who is experiencing delay in their application over the average processing time.

If you have any queries relating to the naturalisation process, 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.