Tag Archive for: Berkeley Solicitors

New guidelines for naturalisation through Irish associations

UPDATED GUIDANCE ON APPLYING FOR NATURALISATION THROUGH IRISH ASSOCIATIONS

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

Applications are assessed under section 16(1)(a) and 16(1)(b) of the Irish Nationality and Citizenship Act 1956 (as amended) on a points basis. 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.

Notably, 60 points are awarded where the applicant has family members (as defined in section 15C the Act) who are, or were at their time of death, Irish citizens ordinarily resident in Ireland. Please refer to Table 1 in the guidelines for the full indicative scoring criteria.

While this assessment will be used to support officers of the Minister in assessing applications under section 16(1)(a) and 16(1)(b) of the Act, there may be other relevant factors not listed here that may be taken into account depending on the circumstances of an individual’s case. The Minister may exercise their absolute discretion in all cases and decisions will be made on a case-by-case basis.

It should be noted that this is entirely at the Minister’s discretion, and satisfying these guidelines does not guarantee the granting of a certificate of naturalisation. For more information, the new guidelines can be found at https://www.irishimmigration.ie/wp-content/uploads/2025/04/Irish-Association-wording-31032005.pdf.

CURRENT EXPERIENCES OF THE IMMIGRATION SERVICE DELIVERY PORTALS

In 2023, the Minister opened the Immigration Service Delivery (ISD) Forms Portal. This portal provides applicants with an opportunity to submit a number of immigration applications to the Minister. This includes an application for renewal of immigration registration, an application for naturalisation for adults and minors and other specific immigration applications including de facto partner applications and applications for extension of student permissions.

In October 2024, the Minister also launched a separate portal, “The Digital Contact Centre”. It appears that the purpose of this portal is for persons to communicate with the Minister in respect of their applications, immigration concerns. However, a number of specific immigration applications are also submitted via this portal, including an application for first time registration and also applications as the parent or spouse of an Irish citizen.

The modernisation of ISD is to be warmly welcomed.

Any progress that can make the immigration system more accessible and easier to navigate for applicants is to be commended and supported.

Applicants are facing a number of issues with these portals as they currently operate.

One of the main issues with the ISD forms portal that are clients are informing us of and we are experiencing ourselves is as follows:

Once an application is submitted via the ISD forms portal, it can no longer be accessed or updated. It is possible to log in and see the data entered, however it is not possible to have sight of the documents uploaded or to amend the application in any way.

When the application is being assessed, the ISD may write to an applicant and ask for further information and documents. If this occurs, the portal application is “re-opened” and access is given to upload the further documents and or information. In many cases this system works smoothly and the documents are uploaded and submitted. However, in many cases , this creates a concerning issue with the application.

If a person needs more time to submit the required documents, perhaps documents need to be requested from other state departments and so on, there is no facility to request an extension of time.

In our experience the portal request closes after a set period of time (sometimes unknown to the applicant) , with no further notice and it is no longer possible to update the application and provide the documents requested.

Very recently, the ISD have stopped operating the email address for the Citizenship unit, which has been the main channel of communication between ISD and applicants  for many years.

Applicants therefore would have no option but to send a letter by post to citizenship or to instruct a solicitor to assist them with the predicament they find themselves in.

Our office has experienced difficulties with submitting further documents, vital to a citizenship application or indeed specifically requested, via post. We have received many responses from ISD  with a direction that documents can only be submitted via the portal- This is not workable if the portal in question has not been reopened .

The move to a portal system is a big change for all parties in this process- applicants, solicitors and the  ISD.

It should be recognised that this is changing and evolving time and applicants should be assisted and facilitated in navigating this new system and there should be a recognition by ISD that this system is in its infancy.

Applicants should not be put at risk that their application might be refused, rejected or deemed ineligible when they have made best efforts to submit a comprehensive application and have tried their upmost to comply with requests via the new portal system.

No applicant should be put at risk of a rejection in these circumstances.

We also look forward to the creation of a third party portal so that solicitors have  a real way to act for their clients on their immigration  applications and are not relying on interim solutions to use portals that have be established for use by individual applicants and not solicitors.

Berkeley Solicitors through our involvement with the Irish Immigration Lawyers Association, have brought our concerns regarding the issues we are encountering with the portal to the attention of the Department and are engaging with the Department towards seeking to improve the system

RECENT UPDATES

CITIZENSHIP CEREMONIES DECEMBER 2024

 

More than 6,000 people were granted Irish citizenship in Killarney, Co. Kerry on the 2nd and 3rd of December this year. Seven citizenship ceremonies were held at the INEC in Killarney over the two days, with applicants from over 140 different countries living across Ireland.

In 2024, over 30,000 people received decisions on naturalisation applications. This is the highest number reached in a single year since records began. Ceremonies to mark the occasion of citizenship being granted first began in 2011. In the 13 years since, 197 ceremonies have been held to celebrate the granting of citizenship to people from 180 different countries.

We would like to extend our congratulations to the new Irish citizens, particularly those who are clients of Berkeley Solicitors.

TRAVEL CONFIRMATION NOTICE

Due to backlogs in processing registrations, the ISD has confirmed that Non EEA Nationals in the State who plan to travel abroad over the Christmas period will be permitted to travel on recently expired IRP cards. To avail of this extension, the person must have applied to renew their permission in advance of the expiry date of their IRP card.

Travelling applicants should print this notice and carry it with them, along with their recently expired IRP card, and the email confirming that they have applied to renew their permission. These documents must be presented if requested by airlines and immigration authorities. Please note that this extension is valid from the 2nd of December 2024 to the 31st of January 2025 only.

Further details on this Travel Confirmation Notice can be found here.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

UPDATE ON PROCESSING OF VISA APPLICATIONS IN THE EMBASSY OF IRELAND, NEW DELHI, INDIA

The Embassy of Ireland, New Delhi, has announced a number of updates on the processing of visa applications and appeals in a notice dated 18th July 2024.

Firstly, the notice provides that those in the following visa categories will now have their application transferred to the Dublin visa office for processing:

  • Family member of EU/EEA/Swiss cit. (de facto partner);
  • Family member of EU/EEA/Swiss cit. (other);
  • Family member of EU/EEA/Swiss cit. (spouse);
  • Join Family (Irish nat.)(de facto partner);
  • Join Family (de facto partner CSEP/HA) ;
  • Join Family (UK nat.);
  • Minister of Religion; and
  • Volunteer

This means that, for these categories, the Dublin visa office processing times now apply.

The notice provides an update on median processing times for applications processed in the Embassy of Ireland, New Delhi. Notably, the processing time for Join family visas is now listed as 3 calendar months for a first instance decision, and 12 calendar months for an appeal decision. The notice states that the Embassy currently has a backlog of Join family appeals, specifically those involving Category B sponsors in Ireland who failed to meet the criteria set out in the Policy Document on Non-EEA Family Reunification.

The notice additionally states that applications which have not been processed within the median processing times stated on the website are likely delayed for various reasons, such as a delay in biometric information, ineligibility or that the application is awaiting verification.

With regard to Join family visas specifically, delays likely mean that the sponsor has not met the criteria set out in the Policy Document on Non-EEA Family Reunification. The notice states that, in such cases, applications will be reviewed under the exceptional criteria which can take up to a year to be fully assessed.

The full notice can be found here:

Visa Information, times and decisions | Embassy of Ireland, India | Ireland.ie | Ireland – this is Ireland

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

NEW REVOCATION PROCEDURE FOR NATURALISED IRISH CITIZENS

The Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 has passed through both Houses of the Oireachtas and is now awaiting being signed into law by the President. Once enacted, the Bill will insert new provisions into the Irish Nationality and Citizenship Act 1956 (as amended) that deals with the revocation of citizenship for naturalised Irish citizens. The previous system for revocation was struck down by the Supreme Court four years ago in the Supreme Court case of Damache v Minister for Justice [2020] IESC 63 for failing to meet the “high standards of natural justice” which the Court held must apply to the process of revocation of certificates of naturalisation. The Supreme Court held that any such process must comply with fair procedures and contain adequate safeguards for persons facing the revocation of their citizenship.

Section 19 of the Irish Nationality and Citizenship Act 1956 (as amended) currently allows the Minister for Justice to revoke a certificate of naturalisation in cases where (1) the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, (2) the person has failed in their duty of fidelity to the nation and loyalty to the State, (3) the person is ordinarily resident outside Ireland for a continuous period of seven years and without reasonable excuse has not annually registered an intention to retain Irish citizenship, (4) the person is a citizen of another country which is at war with Ireland, or (5) the person has voluntarily acquired another citizenship. These reasons for revocation are unchanged by the new Bill. The Supreme Court case of Damache struck down the process the Minister had previously used to revoke naturalisation, and therefore there was and remains no pathway for the Minister to revoke naturalisation, until such time as the new Bill is signed into law by the President.

 

Berkeley Solicitors has reviewed the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 with a view to advising clients who may be issued with notices of intention of revocation of citizenship. The new Bill raises concerns in respect of short timeframes for naturalised citizens facing the revocation process to engage (as little as six weeks in total from proposal to revocation pursuant to sections s.19(IC) and (IJ)), the requirement to only use one method to serve of the notice of intention to revoke, the level of independence afforded to the Committee of Inquiry in circumstances where the Minister will prescribe their procedures and the availability of oral hearings, and the exception to the requirement to give reasons to a naturalised citizen facing the revocation process when issues of national security are raised (s.19(1O)).

 

There are also concerns about the ambiguous nature of some of the listed reasons for revocation, in particular, in what circumstances a person can be deemed to have failed in their duty of fidelity to the nation and loyalty to the State. On this point, Minister McEntee has stated:

“This power is used sparingly and has been used less than ten times in total from 1956 to-date. The revocation of Irish citizenship is only undertaken in the most serious of circumstances, including on grounds of fraud, deception and national security.”

 

For further information, please see the press release published by the Irish government: https://www.gov.ie/en/press-release/e7e2f-ministers-mcentee-and-browne-welcome-passage-of-the-courts-civil-law-criminal-law-and-superannuation-misc-provisions-bill/

A copy of the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 as passed by Dáil Éireann is available at: https://data.oireachtas.ie/ie/oireachtas/bill/2024/48/eng/ver_a/b48a24s.pdf

 

Berkeley Solicitors are available to provide support and assistance to any persons affected by the new revocation 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.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NEW VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

The Department of Justice has announced that nationals of Botswana and South Africa will be required to obtain a visa before travelling to Ireland, effective from Wednesday 10th July 2024. Previously, people travelling from either of these countries to Ireland have not required visas to enter the State.

According to the Department, this decision will bring Ireland into closer alignment with the Schengen area in respect of both of these countries, and in line with the UK in respect of South Africa.

The Dublin Visa Office will establish a dedicated ‘South Africa desk’ to process applications from South African nationals. Additionally, the Department of Foreign Affairs will establish three Visa Application Centres, located throughout South Africa, with visa service provider Global VFS.

Transitional arrangements have been put in place for nationals of Botswana and South Africa who have existing arrangements to travel to the State. South African and Botswanan passport holders who have booked to travel to Ireland before 10th July 2024 and will travel before 10th August 2024 may travel to Ireland provided they are in possession of the following documentation:

  • A valid passport; and
  • Documentary proof from their carrier (and not a Travel Agent) showing the date of purchase of their ticket(s), their name as the passenger, the flight(s) number and date of travel.

This documentation will need to be produced where requested to do so by a carrier or an Immigration Officer.

Any person who has booked to travel to Ireland before 10th July 2024 and is travelling after 9th August 2024 cannot avail of the transitional arrangements. Additionally, any person who books to travel to Ireland after 10th July 2024 cannot avail of the transitional arrangements and will need to have obtained an Irish visa in advance of travel.

The Minister noted that the new requirements for nationals of Botswana and South Africa “are kept under ongoing review, having regard for the need to ensure that effective immigration controls are in place whilst also facilitating those who wish to travel to Ireland for the purposes of a visit, to work, to study, or to join family members”.

The announcement can be found here:

Visa Requirement for nationals of Botswana and South Africa – Immigration Service Delivery (irishimmigration.ie)

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.

 

 

 

 

UPCOMING CITIZENSHIP CEREMONY

UPDATE ON UKRAINIAN NATIONALS TRAVELLING TO IRELAND

The Department of Justice recently announced that from 5th June 2024, temporary measures which allowed Ukrainian nationals to travel to Ireland without a valid biometric passport ceased to be in effect. In accordance with Section 4 of the Immigration Act 2004, all third country nationals, including Ukrainians, must possess a valid biometric passport.

Ireland temporarily suspended the requirement for a biometric passport for Ukrainian nationals in 2022 as part of a wide-ranging emergency response to the full-scale invasion of Ukraine by Russia. Under this suspension, Ukrainian nationals seeking to enter the State could rely upon alternative documentation as proof of their nationality including expired biometric passports or internal passports.

This temporary suspension supported a swift response to the crisis and ensured that those who could not access or renew their travel documents could still flee to safety. However, as the situation has evolved since the outbreak of the war, the Department of Justice is seeking to move to a more sustainable response.

This announcement does not impact the temporary protection status of Ukrainian nationals already in Ireland if they do not have a valid biometric passport. However, it is important for Ukrainian nationals to be aware of this requirement if making any plans to temporarily leave the country as they will require a valid biometric passport to re-enter Ireland.

The full announcement can be found here:

Important Information for Ukrainian nationals – Immigration Service Delivery (irishimmigration.ie)

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.

 

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

UPDATE REGARDING ELIGIBLE SPOUSES AND PARTNERS OF GENERAL EMPLOYMENT PERMIT AND INTRA-COMPANY TRANSFEREE IRISH EMPLOYMENT PERMIT HOLDERS

The Department of Justice and Department of Enterprise, Trade, and Employment recently announced that eligible spouses and partners of General Employment and Intra-Corporate Transferee Permit holders who have applied for and been granted family reunification in the State in accordance with the Department of Justice Non-EEA Family Reunification Policy will now be registered on a Stamp 1G rather than a Stamp 3 permission. In addition, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement currently on a Stamp 3 are also now eligible for Stamp 1G.

This development enables eligible spouses and partners of these permit holders to work without obtaining a separate employment permit. It does not, however, negate the need for current and future permit holders whose spouses and partners are not in the State to apply for family reunification after 12 months.

Effective immediately from 15th May 2024, eligible spouses and partners who already legally reside in the State and hold a Stamp 3 permission have had their permission to remain in the State varied to the same conditions as Stamp 1G, which are as follows:

  • Permitted to work in the State without the requirement to obtain an employment permit.
  • Permitted to undertake courses of study in the State.
  • Not permitted to establish or operate a business.
  • Not permitted to be self-employed.
  • Renewal of the Stamp 1G registration is required annually, and after 5 years on a Stamp 1G, you may be eligible for a Stamp 4 permission.

As such, they do not need to attend their local immigration office or apply online to obtain a permission to reside on Stamp 1G conditions. A new Irish Residence Permit on Stamp 1G conditions will issue to eligible persons when they seek to renew their current Stamp 3 permission upon its expiry.

Eligible spouses or partners therefore do not need to acquire a new Irish Residence Permit card to engage in employment but can instead provide prospective employers with the following letter in conjunction with their current IRP card: Download Stamp 3 to Stamp 1G Employment Notice. This temporary arrangement is valid until 15th May 2025.

The full announcement can be found here:

https://www.irishimmigration.ie/attention-eligible-spouses-and-partners-of-general-employment-permit-and-intra-corporate-transferee-irish-employment-permit-holders/

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.

 

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

UPDATES TO THE APPPLICATION PROCESS FOR IRISH TRAVEL DOCUMENTS

The Department of Justice have recently updated the application process for Irish Travel Documents. To make the process more seamless, applications for Irish travel documents have been moved online. Applicants can access the form through the ISD portal.

They advise that applicants use the online application process, this allows the form, copy documents and fee of €55 to be submitted online.

However, applicants are still required to post an original Identity Verification Form (signed in the presence of a guard), passport photographs and Passport/ Travel Document (if applicable) to the Travel Document Section to the Travel Document Section in Dublin.

Please see below guidance note as it elaborates on what documents need to be submitted for each category of application:

https://www.irishimmigration.ie/wp-content/uploads/2023/01/travel/Travel-Document-Applications-Documents-Reference-Guide.pdf

This blog has been drafted with reference to the following website:

https://www.irishimmigration.ie/wp-content/uploads/2023/01/travel/Travel-Document-Applications-Documents-Reference-Guide.pdf

For further details on Irish travel documents please visit the following link:

https://www.irishimmigration.ie/coming-to-join-family-in-ireland/applying-for-a-travel-document/

Berkeley Solicitors are available to provide support and assistance to people looking to apply for an Irish Travel Document.

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 posted regularly.

 

 

 

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

Berkeley Solicitors have recently received a number of successful naturalisation decisions for clients resident on Stamp 0 permission.

In approving the applications for our clients, the Department of Justice have accepted that Stamp 0 is reckonable residence for the purposes of naturalisation.

These decisions are significant given that the Department have previously maintained that Stamp 0 residence permission is a low-level immigration status which is granted for a limited and specific stay in Ireland.

There are three main types of persons eligible for Stamp 0:

 

  1. Elderly dependent relatives
  2. Persons of independent means
  3. Visiting academics

This is very welcome news for individuals resident in the State on Stamp 0 permission, many of whom have made Ireland their permanent home but have concerns regarding their reckonable residence in the State for the purposes of naturalisation.

Although acquiring citizenship is a privilege and not a right and is subject to the Minister’s absolute discretion, the Minister must act within the confines of the statutory definition of reckonable residence as defined at Section 16 A of the Irish Nationality and Citizenship Act 1956, as amended.

We at Berkeley Solicitors welcome this very encouraging development surrounding reckonable residence and we congratulate our clients on their successful applications.

We are happy to advise any clients wishing to pursue their naturalisation application.