IMMIGRATION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

We are happy to see that INIS has issued a new notice on the 15th April 2020 confirming that EU Treaty Rights and Domestic applications can be submitted by email until the 20th May 2020 as a temporary measure.
The notice confirms as follows:
As part of combined efforts to adhere to the Government’s strategy to slow down the spread of the COVID-19 virus and to ensure customer safety, we have taken the decision, as a temporary measure between now and the 20th May 2020, to allow EU Treaty Rights and Domestic applications to be submitted by email together with scanned copies of supporting documentation. EU Treaty Rights will require the original application to be submitted by post in due course

The full notice can be read at the below link:
http://www.inis.gov.ie/
Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.
It is good news to see that any clients who wish to commence new immigration application can now do so electronically, without the requirement to submit original documents at this time.
Please contact our office with any queries regarding commencing new applications.

Berkeley Solicitors

UPDATED GUIDANCE FROM IMMIGRATION SERVICE DELIVERY ON THE OPERATION OF IMMIGRATION SERVICES DURING COVID-19

Immigration Service Delivery have published an updated set of frequently asked questions in relation to the delivery of immigration services during the ongoing Covid -19 crisis on 15th April 2020.

CALLS FOR SYSTEM OF REGULARISATION FOR UNDOCUMENTED WORKERS IN IRELAND

There have been numerous calls in recent weeks from many NGOs, advocates and community groups for a system of regularisation of undocumented people in Ireland. The coalition of business leaders, trade unions and community groups are seeking “urgent regularisation” of undocumented workers, many of whom are in frontline essential sectors.

BERKELEY SOLICITORS HAS RE OPENED

 

 

Berkeley Solicitors has reopened following a temporary closure of the office due to the Covid 19 crisis.

From the 14th April 2020, we will return to working our standard office hours from 9 am to 5.30 pm, Monday to Friday.

We are continuing to adhere to strict social distancing policies in line with current HSE guidance, to protect both our staff and clients.

New client consultations with our solicitors will be by telephone, Skype or Zoom only.

All current clients can remain in contact with our solicitors by phone and email.

We ask that clients do not call to the office in person, and all documents are sent to our office by post or electronically.

We confirm that these procedures will continue for as long as is necessary in the current Covid 19 crisis.

We thank you for your on going patience and support.

Best wishes,

 

Berkeley Solicitors

UK GOVERNMENT PUBLISHES DRAFT IMMIGRATION BILL GUARANTEEING RIGHT OF IRISH CITIZENS TO LIVE AND WORK IN THE UK POST BREXIT

Last month, the UK Government published the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which provides the legislative basis for ending EU free movement arrangements in the UK once the Brexit transition period has expired.

The Bill aims to retain the Common Travel Area rights of Irish citizens to live and work in the UK without restrictions. Section 2 of the Bill provides that “an Irish citizen does not require leave to enter or remain in the United Kingdom”. Exceptions to this include the possibility to deport Irish citizens for serious criminal offences.

The British Immigration Minister Kevin Foster has stated that the Bill “provides certainty and clarity for Irish citizens on their rights to enter and live in the UK, reflecting the reciprocal arrangements for British citizens in Ireland.”

In practice, the Bill will ensure that there is no change to free movement between Ireland and the UK for Irish citizens. This follows repeated assurances from both the Irish and UK governments that the Common Travel Area, which has been in place since 1922, will remain valid post-Brexit.

However, in its current form, the Bill does not provide Irish citizens with any right to have family members reside with them, unlike EU free movement law.

Other EU citizens may require visas to enter and reside in the UK from as early as 2021. The UK Home Office has announced its intention to introduce a points-based immigration system for both EU and non-EU citizens.

At present, these proposals are at a very early stage and are subject to change as the Bill moves through the legislative process. Members of Parliament are scheduled to consider the Bill for a second reading on Tuesday 21 April 2020.

The full text of the Bill can be found here.

RENEWAL OF RESIDENCE PERMISSION FOR PERSONS OUTSIDE THE STATE DURING COVID-19

We have received a number of queries from clients who are currently outside the State, and concerned they may not be able to return to Ireland within the period of their current permission due to the current travel restrictions.

Further queries relate to clients who need to leave the State after the expiry of their current permission.

We have sought clarification from INIS regarding the position of such persons.

We confirm that non nationals who are outside the State, or need to leave the State, will still obtain the benefit of the current policy of INIS titled “Notice 3 New Covid 19 measures for Immigration and International Protection permissions to reside in the State at are due to expire between 20/03/20 and 20/05/20” which can be accessed at the below link;

http://www.inis.gov.ie/en/INIS/Pages/Home

Therefore, non nationals current permission will be automatically extended for a two months period and they can leave the State without their renewed permission being registered.

However, it is very important to note a further clarification from the “Burgh Quay Registration Office Team;

 

“if you are a visa required national, in the absence of a valid Irish Residence Permit card, you will need to obtain a new visa prior to your return to Ireland.  Anyone considering travelling to or from Ireland should note the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs and Trade .”

This means that a visa required national outside of the State may have their residence permission automatically renewed without registration, however, in order to return to the State they will need to apply for a visa.

As previously outlined in our recent blog article it appears most of the Embassies, consulate offices and Visa Global Ireland centres have ceased processing visas.

https://berkeleysolicitors.ie/visa-applications-during-the-covid-19-crisis/

In these circumstances it appears that leaving the State runs a high risk of not being able to return until the visa processing centres re open their services.

For any persons effected by this issue, please contact our office directly.

Berkeley Solicitors

 

 

On the 13th March 2020, the EU Treaty Rights Section have announced the following new measures;

In response to Government measures to ensure public health and safety in light of COVID-19, EU Treaty Rights Division of Immigration Service Delivery wishes to advise of the following arrangements with immediate effect.

  1. If you are the holder of a valid EUFam Residence card (including a Permanent Residence Card) that is due to expire between now and the 29th March 2020, your permission will be extended automatically until Monday 27th April 2020.
  2. If you are currently the holder of a valid temporary permission granted pending a decision on your EU Treaty Rights application (including a review application) and that permission is due to expire between now and the 29th March 2020, your permission will be extended automatically until Monday 27th April 2020.
  3. If you have recently made a Residence Card application and have not yet heard from EU Treaty Rights Division in this regard, and the permission granted on entry to the State is due to expire on or before 29th March 2020, this permission will be extended automatically until Monday 27th April 2020.

You do not need to contact EU Treaty Rights Division during this period to request an extension of your residence card or permission.

Due to the uncertainty of the situation, delays may occur.  Further updates will be provided in due course.

 

See link below:

 

http://www.inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights

 

This exceptional measure to automatically extend EU Treaty Rights residence permissions until the 27th April 2020 is a welcome and necessary measure.

 

However, no such announcement has been made in respect of the automatic extensions of residence permissions issued under Irish law.  In fact, it has been confirmed that the Burgh Quay registration office will proceed as normal,  with some minor changes;.

 

Registration of immigration permissions at Burgh Quay will proceed as normal using a streamlined process designed to minimise the amount of time applicants need to spend in the office. In that regard, applicants must not bring family members or friends with them for registration, unless required to do so as part of the verification process, as this increases overall risks;

 

http://www.inis.gov.ie/en/INIS/Pages/updated-measures-to-respond-to-COVID-19-from-the-Immigration-Service-Delivery-Function-of-the-Department-Justice-and-Equality

Thus, many non nationals are currently still required to attend the Burgh Quay Registration Office in person to extend their permission in circumstances, most likely in breach of the current guidelines regarding the Coid-19 Crisis.

We would appeal to the Minister to urgently issue updated guidelines for all non nationals to obtain automatic extensions of their permissions in these exceptional times.

 

Berkeley Solicitors

VISA APPLICATIONS DURING THE COVID-19 CRISIS

In a recent blog article, we confirmed that on the 21st March 2020, the Immigration Service Delivery (formerly INIS) announced the temporary suspension of the normal visa application procedures.

It was confirmed that there would some very important exceptions to the suspension would be permitted, as follows;

 

  • Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals;

 

  • Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

 

However, subsequently there was a further announcements from various Embassies and Consulate offices of Ireland, and from VFS Global Ireland, to confirm they are no longer accepting visa applications on a temporary basis;

The Embassy of Ireland in the UK has posted the following announcement:

Please be advised that due to the ongoing Covid-19 situation, it has been decided that all Irish Visa Application Centres (VACs) across the VFS Great Britain network will now remain closed.

While it will still be possible to apply for an Irish visa online in the normal manner, these temporary closures mean that applicants in Great Britain will not be able to complete the application process and submit their applications for consideration. We apologise for any inconvenience this might cause. Please note that any application made online will remain valid until such time as the VACs reopen.

The Embassy of Ireland in Moscow has confirmed as follows:

“We have taken the decision to temporarily cease accepting new visa applications. This is effective from close of business 20th of March 2020. Please see our visa page for further information. ”

VFS Global Ireland has published the following notice on their website regarding Pakistani visa applications for Ireland:

From 23 March 2020 The Consulate of Ireland will not accept any visa applications therefore the VACs in Islamabad, Karachi and Lahore will not be accepting any applications for Irish visas.

The re-opening of the centres will be subject to notifications from central, provincial and city authorities, as well as Irish authorities, so please return to this page for further updates.”

For further information you may visit the website of the Irish Immigration Service http://www.inis.gov.ie/ or the website of the Embassy of Ireland in Turkey https://www.dfa.ie/irish-embassy/turkey/visas/ 

VFS Global Ireland issued similar notices of a temporary closure of the visa application centres in respect of India, Nepal, China, Hong Kong, Nigeria, Qatar and Turkey – all of which have been closed from the 20th March 2020.

It is currently unclear how to apply for visas for the permitted exceptions – emergency visas and family member visas – when it appears that many of the Embassies, Consulate offices and visa processing centres are not accepting visa applications.

 

Berkeley Solicitors

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSION

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSIONS

The Department has published an important notice to all persons in the State with a current valid permission due to expire from 20/3/2020 to 20/5/2020, whether pursuant to domestic law or powers of the Minister, or Directive 2004/38/EC (Free Movement Directive). The notice confirms that the residence permissions will be automatically renewed for a two month period, on the same basis as the existing permission and with the same condition.

This includes persons in the State as visitors, who have applied for an alternative residence permission and have not yet received a decision – i.e. their visitors permission will be extended for two months.

The notice requires no action from the non national, and confirms the INIS registration offices are temporarily closed. The normal requirements to register residence permission will not arise until the registration offices re-open or alternative arrangements are put in place.

It is confirmed that a non national can present evidence of their last residence permission, in the form of a formal decision letter and/or the IRP card, together with a copy of the Notice, as evidence of their ongoing permission to remain in the State.

A list of frequently asked questions and responses is provided.

The notice can be accessed at the below link:

http://www.inis.gov.ie/en/INIS/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf/Files/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf

Berkeley Solicitors

NOTICE REGARDING RE-OPENING OF BERKELEY SOLICITORS

Berkeley Solicitors has reopened on the 30th March 2020, following a temporary closure of the office due to the Covid 19 crisis.

On the 29th March 2020, the government directed all residents to stay at home for a 14 day period, with some limited exceptions, in a national effort to restrict the spread of the  Covid 19 virus.

It is therefore not possible for Berkeley Solicitors to return to business as normal during this 14 day period, until at least the 12th April 2020.

We are instead returning to work in a limited capacity,  with a some changes to our procedures to ensure the safety and protection of our staff and clients.

Our phone lines will be open from 9 am to 12 midday, Monday to Friday. If you wish to contact us outside of these times, please email us and we will revert as soon as possible.

We are no longer arranging consultations in our office in person. All consultations are to be arranged by telephone, Skype or Zoom only.

All documents must be provided to the office electronically in PDF files.

We ask that clients do not call to the office in person to speak with their solicitor, as the solicitors will keep in contact with clients in the normal way by email and phone.

Any payments to be made to the office must be by electronic bank transfer only.

Please note that these new procedures are temporary based on the current exceptional circumstances, and we look forward to returning to work as normal on or after the 12th April next.

We will continue to update you on the development’s in this regard.

We thank you for your patience and support in complying with our new temporary procedures.

Best wishes,

Berkeley Solicitors

ANNOUNCEMENT REGARDING SUSPENSION OF NORMAL VISA APPLICATION PROCEDURE DUE TO COVID 19 PRECAUTIONS

ANNOUNCEMENT REGARDING SUSPENSION OF NORMAL VISA APPLICATION PROCEDURE DUE TO COVID 19 PRECAUTIONS

 

On the 21st March 2020, the Immigration Service Delivery (formerly INIS) announced the temporary suspension of the normal visa application procedures.

This suspension is due to commence on the 20th March 2020, and applies to all new visa applications.

The Department has further stated as follows:

While it will still be possible to apply for an Irish visa online in the normal manner, these temporary measures mean that applicants will not be able to complete their application process and we apologise for any inconvenience this might cause. Please note that any application made online will remain valid until such time as restrictions are lifted.

We intend to resume accepting applications as soon as safety concerns abate. Certain Priority/Emergency cases will continue to be processed and these include the following:

  • Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals;
  • Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

If your application falls into one of these categories, you can apply on-line in the usual way. Once you’ve completed the on-line application, you should follow the instructions given on the summary page as to where you should submit your application.

 

The full announcement can be viewed here:

http://www.inis.gov.ie/en/INIS/Pages/Home

Please note to all concerned clients, this suspension does not apply to any visa application submitted before the 20th March 2020.

 

Please further note that many visa applications will continue to be processed, including the “Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

 

Please send all queries regarding visa applications to us as normal and we will advise when the office re opens.

 

Berkeley Solicitors