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CLIENTS OF BERKELEY SOLICITORS APPROVED CERTIFICATES OF NATIONALITY

Berkeley Solicitors would like to congratulate our clients and their minor children who were recently granted certificates of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956.

The applicants were minor children who were born in the State but not entitled to citizenship at birth of any other country.

We applied to the Minister to grant them certificates of nationality on the basis that they were Irish citizens by birth pursuant to 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, which 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.”

The granting of this application results in our clients being recognised as Irish citizens.

We are delighted in this wonderful outcome for our clients.

Berkeley Solicitors would be happy to advise any clients in similar situations and would encourage you or any family members in such positions to contact our office.

ELIGIBILITY FOR TEMPORARY PROTECTION

On the 9th March 2022, the Department of Justice published an information page on Temporary Protection for persons fleeing the conflict in Ukraine. It is indicated that the categories of persons eligible for temporary protection are as follows:

  • Ukrainian nationals who were residing in Ukraine before 24 February 2022;
  • Nationals of a third country (other than Ukraine) or stateless persons who would have benefited from international protection (e.g. Refugee status) or an equivalent national protection status in Ukraine and have been residing there before 24 February 2022
  • Family members of persons covered by a) and b) where the family already existed in Ukraine at the time of events leading to the mass influx prior to 24 February.
  • Those family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit.

 

It will also apply to people who had been residing in Ukraine before 24 February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.

Temporary protection may also be extended to other people who were legally residing in Ukraine who cannot safely return to their country of origin, including nationals from non-EU countries or stateless persons. People who can safely return to their country of origin will be assisted to do so.

Persons who are eligible for temporary protection will obtain a letter on arrival at Dublin Airport confirming this. The letter will give the holder permission to reside for twelve months, access to the labour market, plus access to public services.

Persons who are eligible for temporary protection and arrived in the State between the 24th February 2022 and the 9th March 2022 will not have received the temporary protection letter. The Department is making urgent arrangements to provide the temporary protection letter to this group of people.

The information notice does not address the situation of Ukrainians who arrived in the State prior to the 24th February 2022. Our office is making enquiries regarding the Department’s position on accepting applications for temporary protection from this category of persons.

If you are in this category, you should seek legal advice on your options, including the option  of submitting an application for international protection.

 

 

Please review the information note in full at the following link:

https://www.irishimmigration.ie/information-on-temporary-protection-for-people-fleeing-the-conflict-in-ukraine/

ADVOCATE GENERAL’S OPINION FINDS IRELAND CANNOT REFUSE DISABILITY ALLOWANCE TO DEPENDENT RELATIVE OF EU WORKER

THE TEMPORARY PROTECTION DIRECTIVE

Council Directive 2001/55/EC of 20th July 2001, the ‘Temporary Protection Directive’, was established by the European Union as a response to the conflicts in the former Yugoslavia and Kosovo in the 1990s, that highlighted the need for a tool to assist with max influxes of displaced persons into EU member states.

On the 4th March 2022, the Council adopted unanimously the implementing decision to activate the Temporary Protection Directive for the first time since its establishment, for persons fleeing the conflict in Ukraine.

The Council Implementing Decision that activated the Directive highlights;

“The Union has shown and will continue to show its resolute support to Ukraine and its citizens, faced with an unprecedented act of aggression by the Russian Federation.”

The Directive is grounded in solidarity and promotes a balance of efforts between EU Member States. It is a legislative tool that enables Member States to offer persons legally resident in Ukraine who are fleeing the war, temporary protection upon arrival in an EU member state. Temporary protection will be initially provided for 12 months. Unless terminated, this period will be extended automatically by six monthly periods for a maximum of one year.

The Council Implementing Decision notes that those who are eligible for temporary protection under the Directive will “enjoy harmonised rights across the Union.” Persons holding temporary protection in Ireland will enjoy the rights afforded under Section 60 of the International Protection Act 2015;

(a) to seek and enter employment, to engage in any business, trade, or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care, and the same social welfare benefits as those to which Irish citizens are entitled, and

(c) to the same rights of travel in the State as those to which Irish citizens are entitled.

The below paragraphs outline who will be covered by the Directive;

  • Ukrainian nationals residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date;

 

  • Third-country nationals or stateless persons legally residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date and who are unable to return to their country or region of origin in safe and durable conditions because of the situation prevailing in that country. This could include persons enjoying refugee status or equivalent protection, or who were asylum seekers in Ukraine at the time of the events leading to the mass influx. Third-country nationals who were legally residing in Ukraine on a long-term basis at the time of the events leading to the mass influx should enjoy temporary protection regardless of whether they could return to their country or region of origin in safe and durable conditions; and

 

  • Family members of the above two categories of people, in so far as the family already existed in Ukraine at the time of the circumstances surrounding the mass influx, regardless of whether the family member could return to his or her country of origin in safe and durable conditions. In line with Council Directive 2001/55, a family member is considered as the spouse of the above two categories of people or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couple in a way comparable to married couples under its law relating to aliens; the minor unmarried children of the of the above two categories of people or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted; other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent of the above two categories of people.

 

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine.

If you or your family require advice on your eligibility for temporary protection or in respect of visa applications for family members in third countries, please do not hesitate to contact our office.

The Temporary Protection Directive can be found here.

The Council Implementing Decision that activated the Temporary Protection Directive can be found here.

INFORMATION FOR UKRAINIAN NATIONALS AND RESIDENTS OF UKRAINE TRAVELLING TO IRELAND

Since 25th February 2022 nationals of Ukraine do not need an entry visa to travel to and enter Ireland pursuant to S.I. No. 86/2022 – Immigration Act 2004 (Visas) (Amendment) Order 2022.

The EU Member states have now activated the application of Council Directive 2001/55/EC of 20 July 2001 by way of a Council implementing Decision. This means that the EU members states will now offer “temporary protection” to those fleeing the war in Ukraine.

Ireland along with the other EU member states will now offer and provide “temporary protection” to Ukrainian nationals and lawful residents of Ukraine. Temporary protection will be initially provided for 12 months, potentially renewable for a further 24 months.

It is estimated that upwards of 2,000 people have arrived in Ireland to date fleeing the war in Ukraine, with many more thousands expected to follow.

Following the adoption of Council Directive 2001/55/EC, those fleeing the war in Ukraine will not be required to submit  applications for asylum upon arrival in Ireland and will be offered temporary protection here.

Following a helpful briefing session with Government officials today, it is our understanding that the Irish Government are acting urgently to put in a place a system to provide temporary protection in the most humanitarian and urgent manner possible.

It is hoped that the process to obtain temporary protection will be an  extremely simple process and in  near future  it is hoped that this temporary permission will  in fact be provided at the airport or port of entry.

Temporary protection will be granted to persons arriving in Ireland from Ukraine and covers both Ukrainian nationals residing in Ukraine and also  nationals of other countries  or stateless persons residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin, as well as their family members.

The requirement of inability to return in safe and durable conditions to their country or region of origin shall not apply to third-country nationals or stateless persons who have been legally residing on a long-term basis in Ukraine.

Family members include spouses, partners, children and also other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent on their family.

Persons holding temporary protection will enjoy the rights afforded under Section 60 of the International Protection Act 2015- to seek and enter employment and to engage in business, to access education and training, to receive medical care and social welfare benefits and the same right of travel in the State as those to which Irish citizens are entitled.

We welcome the Irish Government’s commitment to welcoming those impacted by the war in Ukraine to seek protection and safety in Ireland. We hope that the adoption of  a “temporary protection”  system within the EU will provide a streamlined and  efficient system focused on  the urgent  needs of the millions of people  who have been displaced by the war in Ukraine.

VISA REQUIREMENTS BETWEEN UKRAINE AND IRELAND LIFTED WITH IMMEDIATE EFFECT

Up until today, nationals of Ukraine required entry visas to travel to and enter Ireland.

This involves submitting a detailed visa application to the Irish Embassy prior to travel. This process can often incur long delays and requires a huge array of original documentation.

On the 25th February 2022, Minister for Justice, Helen McEntee has announced that nationals of Ukraine are now non-visa required persons in the Irish immigration context and that this emergency measure will be implemented with immediate effect.

This means that nationals of Ukraine no longer require an entry visa in advance of travel to the State and can travel to the State and request entry at the border as a non-visa required national.

In the Minister’s press release it is stated that those who travel to Ireland from Ukraine without a visa during this time will be given 90 days to regularise their immigration permission in the State.

The appropriate immigration application to make upon arrival in Ireland will differ depending on the particular circumstances of the person arriving.

In a statement, Minister McEntee stated that she is “appalled by the Russian invasion of Ukraine, and the unjustified and unprovoked attack against a democratic sovereign state in Europe.” Minister McEntee confirmed that Ireland stands in solidarity with the Ukrainian people.

The full announcement can be read here.

We welcome the Minister’s action which may assist citizens of Ukraine to flee to safety and assist families in Ireland to be reunited with their Ukrainian family members on an urgent basis and avoid a delayed visa processing system.

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine and if you or your family require legal advice in respect of the matters raised in this blog please do not hesitate to get in touch.

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BERKELEY SOLICITORS IS RECRUITING FOR AN IMMIGRATION SOLICITOR

Berkeley Solicitors is recruiting for an Immigration Solicitor.

Please see attached add for further details: CLICK HERE

 

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REGULARISATION OF LONG TERM UNDOCUMENTED MIGRANT SCHEME PUBLISHED

The Minister for Justice has published the details of the new scheme which will open on Monday 31st January 2022, enabling undocumented migrants to apply to regularise their immigration status in the State.

The scheme will be open for applications from 31st January 2022 until 31st July 2022, a period of six months.

The qualifying criteria has now been published on the Irish Immigration website which distinguishes between four types of applications which can be made under the scheme. It is worthy to note that Applicants are to meet the qualifying criteria by the 31st January 2022, the date that the scheme opens and not during the six month period.

The four types of applications which can be made, and the period of residency required are set out as follows:

1) Single Application

In order to qualify for the scheme as a single applicant, you are required to be over the age of 18 and have been living in the State undocumented continuously for the last four years.

2) Family Application (Couple)

The principal applicant who is applying for themselves and their spouse/civil partner/de facto pattern must have resided in the State undocumented continuously for the last four years whilst the spouse/partner must have resided in the State undocumented continuously for the last two years.

3) Family Application with at least one dependent minor child

The principal applicant must have resided in the State undocumented continuously for the last three years.

The spouse/partner and any dependent children between the ages of 18 -23 must have resided in the State undocumented continuously for the last two years whilst living with the principal applicant for the last two years and continue to live as a family unit at the time of application.

Dependent children under the age of 18 must have been residing in the State with the principal applicant immediately prior to the publication of the scheme on 13th January 2022.

4) Family Application with at least one dependent adult child

The principal applicant must have resided in the State undocumented continuously for the last four years.

The spouse/partner and any dependent adult child between the ages of 18 -13 must have resided in the State undocumented continuously for the last two years whilst living with the principal applicant for the last two years and continue to live as a family unit at the time of application.

Other children over the age of 23 or are themselves married/ in a partnership must make an application in their own right, even if still residing with the principal applicant in the same family unit.

Where a child is over the age of 23 and living with a disability or is unable to live alone, applicants should contact [email protected] prior to submitting an application.

Persons who currently hold immigration status or who having a pending IPO application are ineligible for the scheme and cannot apply.

Applications fees apply and details of same can be found in the below links. Those who wish to apply may now view the detailed guidance and the list of documents required to make an application.  The specific questions/application form does not yet appear to be available.

 

Berkeley Solicitors greatly welcomes the publishment of the new scheme which will provide the opportunity to thousands of people across Ireland to regularise their immigration status in Ireland.

If you or a family member have queries about the process for applying under the new scheme, please do not hesitate to contact our office.

Further details of the full scheme can be found at the following links:

https://www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/

https://www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf

 

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NEW SCORECARD APPROACH INTRODUCED FOR CITIZENSHIP APPLICATIONS FROM JANUARY 2022

On the 31st December 2021, the Department of Justice announced that it would be introducing a scorecard approach for supporting documents that are required for citizenship applications, to prove required residency and establish identity.

The scorecard approach, which is applicable from the 1st of January 2022, is intended to clarify the information that applicants are intended to provide to establish their identity and required residency when applying for Irish citizenship.

Previously, applicants were required to provide a certain number of proofs of residency for each year of the period of residence claimed on their application form. Under the new approach, applicants will now need to reach a score of 150 points in each of the years proof of residency is required. A certain proof of residency will have a definite point value that has been predetermined by the Department.

Furthermore, an applicant will be need to provide sufficient documentation to accumulate 150 points to establish their identity. In the circumstances where an applicant is not able to meet the 150 points standard, the Department has indicated that the applicant will need to engage with the Citizenship Division to provide reasons as to why this is the case.

In the announcement, the Department highlighted the importance that proofs of identity and residence hold for a citizenship application, and confirmed that insufficient documentation can lead to an application being deemed ineligible.

An applicant is no longer required to submit their original passport with their citizenship application; however, the Minister reserves the right to request original passports from an applicant at any stage in the process.

The full announcement can be read here.

If you or a family member have queries about your naturalization application, please do not hesitate to contact our office.

BERKELEY SOLICITORS CHRISTMAS 2021

Berkeley Solicitors would like to wish all of our clients and their families a Merry Christmas and a Happy New Year.

Our office will close for the Christmas period on Wednesday the 22nd December 2021 and reopen on Tuesday the 4th January 2022.

If you have any immigration queries don’t hesitate to contact us and we will respond when we reopen on the 4th January.

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RECENT IMMIGATION UPDATES

Important information for residents of  South Africa, Botswana, Eswatini and Lesotho, Mozambique, Namibia

In a notice published on the 22nd December 2021 on the webpage of the Embassy of Ireland, South Africa  it is stated that With effect from 00.01 on Wednesday, 22nd December 2021, nationals of Botswana, Eswatini Lesotho and South Africa are no longer entry visa required and nationals of Botswana, Eswatini, Lesotho, Mozambique, Namibia and South Africa are no longer transit visa required.

https://www.dfa.ie/irish-embassy/south-africa/

There is no such notice on the Home Page of the Immigration Service Delivery, however the list of visa and non-visa required nationals has been updated to reflect this change.

http://www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf

 

Deadline to Apply for Withdrawal Agreement Beneficiaries Card extended:

The Minister has extended the deadline to apply for a Withdrawal Agreement Beneficiaries from 31st December 2020 to the 30th June 2022. It is important that any Non-EEA family member of a British citizen who is currently resident in the State on foot of an EU Fam residence card applies to exchange their residence card for a  Withdrawal Agreement Beneficiaries without delay. It is also open to British citizens themselves to apply for this recognition as well.

The full notice can be found below:

https://www.irishimmigration.ie/extension-of-date-for-non-eea-family-members-of-uk-nationals-residing-in-ireland-before-the-end-of-the-transition-period-on-31-december-2020-to-apply-for-a-residence-document-under-the-withdrawal-agre/