Welcome to Berkeley Solicitors

We are a niche legal practice firm offering specialized expertise in the areas of Irish and EU Immigration Law.

The firm was started in October 2016 by Karen Berkeley after she had gained twelve years experience working in the areas of asylum and immigration law.  Berkeley Solicitors provides extensive legal services to clients from start to finish of the immigration process in Ireland. We understand the immigration process is often complicated and stressful for our clients. We carefully listen to our clients wishes, and their aspirations for our service. We provide straightforward and practical advice. We work respectfully with the government authorities on our client’s behalf. We aim to facilitate the best resolution for our clients as efficiently as possible.

We believe that our expertise in the immigration law area will benefit clients who are looking for a professional, experienced and efficient legal representation at competitive costs.

The Immigration Blog

UPDATE ON VISA APPLICATIONS PURSUANT TO DIRECTIVE 2004/38/EC AND THE EUROPEAN COMMUNITIES (FREE MOVEMENT OF PERSONS) REGULATIONS 2015

We have recently commented on the case of Mahmood and Atif v Minister for Justice and Equality, judgment delivered on 14th October 2016. In this case, Justice Faherty found that a processing time in excess of 6 months to process a visa application submitted by the spouse of an EU Citizen to be an unlawful breach of Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. Justice Faherty ordered that the visa application in question be determined within a six-week period. We are still working on a large number of cases involving very substantial delays in the processing of visas for family members of EU Citizens under the Directive and Regulations. Many of our clients have waited in excess of one year and have still not received a decision, or even an update on the status of the visa applications for their family members. We submit that such waiting times are a clear and inexcusable breach of the Directive and Regulations 4 and 5 of the 2015 Regulations.

APPLICATIONS FOR EU FAM RESIDENCE CARDS FOR PERMITTED FAMILY MEMBERS OF EU CITIZENS

Applications for EU FAM Residence cards for permitted family members of EU Citizens, be it partners, brothers, sisters or any other family members are submitted to the EU Treaty Rights Division of the INIS under the provisions of Article 10 of Directive 2004/38/EC and Regulation 7 the European Communities (Free Movement of Persons) Regulations 2015. Our office is of the opinion that there is no distinction in Article 10 or Regulation 7 between the time frame in the issuance of a decision on the application for permitted or qualifying family members. We quote from Article 10: “The right of residence of family members of a Union citizen who are not nationals of a member state shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately”.

Welcome to Berkeley Solicitors

We are a niche legal practice firm offering specialized expertise in the areas of Irish and EU immigration law.

The firm was started in September 2016 by Karen Berkeley after she had gained twelve years experience working in the areas of asylum and immigration law.  Berkeley Solicitors provides extensive legal services to clients from start to finish of the immigration process in Ireland. We understand the immigration process is often complicated and stressful for our clients. We carefully listen to our clients wishes, and their aspirations for our service. We provide straightforward and practical advices. We work respectfully with the government authorities on our client’s behalf. We aim to facilitate the best resolution for our clients as efficiently as possible.

We believe that our expertise in the immigration law area will benefit clients who are looking for a professional, experienced and efficient legal representation at competitive costs.

The Immigration Blog

UPDATE ON VISA APPLICATIONS PURSUANT TO DIRECTIVE 2004/38/EC AND THE EUROPEAN COMMUNITIES (FREE MOVEMENT OF PERSONS) REGULATIONS 2015

We have recently commented on the case of Mahmood and Atif v Minister for Justice and Equality, judgment delivered on 14th October 2016. In this case, Justice Faherty found that a processing time in excess of 6 months to process a visa application submitted by the spouse of an EU Citizen to be an unlawful breach of Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. Justice Faherty ordered that the visa application in question be determined within a six-week period. We are still working on a large number of cases involving very substantial delays in the processing of visas for family members of EU Citizens under the Directive and Regulations. Many of our clients have waited in excess of one year and have still not received a decision, or even an update on the status of the visa applications for their family members. We submit that such waiting times are a clear and inexcusable breach of the Directive and Regulations 4 and 5 of the 2015 Regulations.

APPLICATIONS FOR EU FAM RESIDENCE CARDS FOR PERMITTED FAMILY MEMBERS OF EU CITIZENS

Applications for EU FAM Residence cards for permitted family members of EU Citizens, be it partners, brothers, sisters or any other family members are submitted to the EU Treaty Rights Division of the INIS under the provisions of Article 10 of Directive 2004/38/EC and Regulation 7 the European Communities (Free Movement of Persons) Regulations 2015. Our office is of the opinion that there is no distinction in Article 10 or Regulation 7 between the time frame in the issuance of a decision on the application for permitted or qualifying family members. We quote from Article 10: “The right of residence of family members of a Union citizen who are not nationals of a member state shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately”.

Get in touch

Our offices are located at 71 Amiens Street, Dublin 1