Tag Archive for: EU Fam

NEW VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

 

The Department of Justice has provided up to date statistics from January 2022 to June 2022 in relation to, Residency and EU Treaty Rights, Visa, Citizenship statistics, International protection, and Removal/Deportation. The statistics were broken down by nationality, gender, and age group.

In relation to EU Treaty Rights Applications from January to June 2022, the data shows that nationals from Brazil, South Africa, and Pakistan were the top nationalities of applications received by the Department of Justice. 1356 applications were received from Brazil, 240 from Pakistan, and 153 from South Africa.

The statistics found that nationals from India, Egypt, and China were the top nationalities for Long Term Residency Applications. 30 applications for Indian nationals, 26 applications for Egyptian nationals, and 25 for Chinese nationals (including Hong Kong).

The total visas decided from January to June 2022 were primarily from India, Nigeria, and Turkey. With 21535 visas from Indian nationals, 3396 visas from Nigerian nationals, and 3019 visas from Turkish nationals. In total, most of the visas granted were for Indian (20736 visas), Turkish (2812 visas), and Chinese nationals (2477 visas). The most refused visas were for nationals from Nigeria (1568), India (799), and Pakistan (541), with an overall number of 5825 visas refused. The total decided re-entry visas from January to June 2022 were from Indian, Pakistani and Egyptian nationals.

From January to June 2022, there were 7039 citizenship certificates issued, mainly in respect of United Kingdom, Indian, and Pakistani nationals.

In total, there were 6495 applications received relating to International Protection Applications for 2022. Mainly from Georgia (1811), Somalia (938), and Algeria (698). Out of those applications, there were 1037 applications that have been approved, primarily from Somalia, Afghanistan, and Zimbabwe. Moreover, 1657 applications were refused primarily from Nigeria (216), Georgia (216), Zimbabwe (204).

In relation to Family Reunification Applications, there were 1137 applications submitted from January to June 2022, mainly from nationals of Somalia (489), Afghanistan (247), and Syria (69). 1911 applications for access to the labour market were submitted from January to June 2022, mainly from Somalia, Georgia, and Nigeria nationals.

There were 23 total removals effected, primarily from Romania, Lithuania, and Poland nationals. 54 deportations effected primarily from Pakistan, Nigeria, and Georgia nationals.

The book for the full statistics can be found here: https://www.irishimmigration.ie/wp-content/uploads/2023/01/Mid-Year-Review-Statistics-Booklet-2022.pdf

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 VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

DECISIONS TO REVOKE EU FAM RESIDENCE CARDS AND IRISH PASSPORTS POTENTIALLY UNLAWFUL

Two recent judgements of the Superior Courts have called into question the legality of all decisions made by the Minister for Justice in retrospectively revoking EU Fam residence cards, immigration permissions, Irish passports and declarations of refugee status.

 

Please see our previous blog articles on the Supreme Court judgement in U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors [2022] IESC 25,  and the High Court judgement in AKS v the Minister for Justice [2023] IEHC 1.

 

If you have received a decision to revoke your EU Fam residence card on the basis that it was never valid or that it was cancelled with effect from a date in the past or have had your application for Irish citizenship deemed ineligible on the basis of revocation of your EU residence card, these decisions may be unlawful.

 

If a child previously held an Irish passport that was cancelled by the Passport Office as a result of revocation of their parents EU Fam residence card or permission to reside in the State, it is also possible that the decision is unlawful.

 

It is important to seek legal advice if these judgements are relevant to your case.

 

Please do not hesitate to contact Berkeley Solicitors if you have been impacted by these important issues.

 

SUPREME COURT CLARIFIES “DURABLE PARTNER” FOR PURPOSES OF EU TREATY RIGHTS APPLICATIONS

The Supreme Court delivered a significant judgement on the 2nd June 2020 in the case of Pervaiz v Minister for Justice [2020] IESC 27. The Supreme Court reviewed the decision of the High Court, with respect to an application for a EU Fam residence card by the non EU citizen partner of a Spanish citizen pursuant to the EU Free Movement of Persons (Regulations) 2015. The Supreme Court overturned the High Court ruling that the 2015 Regulations do not correctly transpose the Citizens Directive by reason of the absence of specific and detailed criteria with regards to the definition of “durable partner”. The Supreme Court also disagreed with the finding of the High Court, which took issue with the fact that the relevant parts of the Regulation simply repeat the words of the Directive itself. The Supreme Court also disagreed that the Minister had applied an unlawful requirement, requiring a period of two years cohabitation in order to meet the definition of a partner for the purposes of the regulations.

A preliminary issue in the proceedings was whether there was an issue that the proceedings were taken in the name of the Non-EU citizen applicant only, without his EU citizen partner being a party to the proceedings. The Supreme Court followed the findings of a number of rulings in the High Court that the applicant had the required standing to issue the proceedings in his own name. The Court also noted that the EU citizen in this case had supported the proceedings on affidavit.

The judgement provides a legal analysis of the differing rights of persons who can apply under the Regulations as “qualifying family members”, such as spouses and direct ascendants and descendants as opposed to “permitted family members” such as partners. The Court highlighted the varying rights of such applicants, with “permitted family members” only having a right to have their application “facilitated” and a “detailed examination of their personal circumstances” undertaken.

The Court held that the definition of “partner” in the 2015 Regulations denotes a person with whom the Union citizen has a connection which is personal in nature, and which is akin to, or broadly akin to, marriage.

With relation to the duration of the relationship and its relevance the Court found:

Thus, a durable partnership will tend to be one of some duration, but that is not to say that the duration of the relationship is, in itself, a defining feature. The length of a relationship will be an important, and sometimes compelling, index of the degree of commitment between the couple, but it is perfectly possible for a committed long-term, what is often called a “serious” relationship, to exist between persons who have known one and other for a short time.

With regards to whether cohabitation is required the Court found:

It would seem to me that cohabitation is in most cases a useful yardstick by which the durability of a relationship is assessed and by which it is possible to test whether persons are genuinely in a committed partnership

With regards to the argument that there is a lack of clarity as to what is required or what conditions need to be met with regards to the duration of a relationship and the period of cohabitation in order to be eligible to apply for a residence card as the partner of the EU citizen the Court disagreed and held: There is, in my view, no lack of clarity in the 2015 Regulations and in the other resources so that an applicant may readily understand the proofs to be met.

The Court found that the Minister did not impose an unlawful requirement of two years prior cohabitation, the Court accepted the Minister’s case that the two year cohabitation is not applied as a strict requirement and is used flexibly. The Court found that any imposition of a two year strict requirement could not be imposed without amending the legislation. The Court did not accept the argument that the two year cohabitation requirement was mandatory in nature.

It is beneficial to applications to now have confirmation that the Minister does not impose a mandatory two year cohabitation requirement and that the Minister should assess each case on its own particular facts.

Please contact the office if you wish to make an EU Fam Residence card application for yourself or your family member.

The full judgement will be published shortly.