Tag Archive for: immigration law in Ireland

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.

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

 

HIGH COURT JUDGEMENT OVERTURNING VISA REFUSAL TO HUSBAND AND FATHER OF IRISH CITIZENS

Berkeley Solicitors would like to congratulate our clients who were successful in their Judicial Review proceedings today.

The Applicant family have been successful in their challenge to the Minster for Justice’s refusal of a join family visa application for the father and spouse of Irish citizens.

The visa application was submitted on the basis of the family and private life rights arising from both his  marriage to an Irish citizen  and those arising from his  relationship  with his Irish citizen children.

The visa  application was initially submitted in 2017 and on appeal was refused by the Minister in 2019. The visa appeal was refused for a number of reasons with a focus on financial grounds.

The Minister concluded it was likely that the Applicant would become a burden on the Irish State if a visa was granted to him to join his family. This finding was made despite comprehensive evidence of the Applicant’s long career history and high level of qualifications, along a strong commitment from him of his desire to work in the State. Furthermore, financial support from his brother in law, a doctor in the State was also put forward. The Minister concluded that the family could maintain their family life via visits and Skype calls and that there was no disproportionate interference with the Constitutional rights of the Applicant family in the refusal of the join family visa to the Applicant.

On behalf of our clients’ Berkeley Solicitors challenged this decision by way of High Court Judicial Review proceedings.

The proceedings ultimately focused primarily on the rights arising from marriage, as the Applicant’s children had reached the age of 18 and over by the time these proceedings where heard.

In a Judgement delivered by Ms Justice Burns today, the Applicants were successful and the High Court ordered the cancellation of the visa appeal refusal.

We understand this  judgement to be the first judgement to comprehensively address the findings of the very important  Supreme Court  judgement in Gorry. Ms Justice Burns helpfully reviews the Applicants’ position as a married couple in line with the guidance provided by the Supreme Court in Gorry.

Ms Justice Burns found that the Minister had failed to give due respect to the institution of marriage in the refusal of the Applicant’s visa to join his wife and children.

Ms Jusice Burns held in her judgement:

 

The ultimate test for this Court is whether the Respondent failed to recognise the relationship between the Applicants, or to respect the institution of marriage because of its treatment of the couple concerned.  

 

In the course of her deliberations, the Respondent had regard to the fact that the Second Applicant was a citizen of Ireland; that she had a right to reside in Ireland; that she had a right to marry and develop a family life; and that cohabitation was a natural incident of marriage and the family.  However, the Respondent appears to have failed to have had regard to the fact that not permitting the First Applicant to enter this jurisdiction had a significance for the couple and the development of their family life. 

 

It is the case that the Respondent was considering an application which related to the Applicants’ children’s rights, which was interconnected with marital rights and perhaps for this reason focus was lost on the marital rights of the Second Applicant.  However, the Court is of the view that the Respondent failed to recognise the marital relationship between the Applicants and to pay due respect to the institution of marriage.

 

While important State interests were identified by the Respondent, an intensive consideration of the underlying facts and evidence was not conducted by the Respondent.    

 

In the particular circumstances of this case, the Respondent failed to identify a properly justified countervailing interest that outweighed the importance of the Applicants’ status as a married couple, one of whom is an Irish citizen, and ultimately failed to give due respect to the institution of marriage and the Applicants’ marital rights under the Constitution.

 

This is fantastic news for our clients who have waited such long time to have this matter resolved and we wish to congratulate them on this positive news today. Our office also wishes to thank and congratulate Applicant’s counsel for their  tireless work and commitment to the case.

NEW ENTRY AND TRANSIT VISA REQUIREMENTS FOR CERTAIN AFRICAN COUNTRIES AMENDED

We refer to our previous blog on 30th November 2021:

https://berkeleysolicitors.ie/new-entry-and-transit-visa-requirements-for-certain-african-countries-announced/

The Minister for Justice has amended the  entry visa and transit visa requirements for nationals of South Africa, Botswana, Eswatini, Lesotho  and Namibia.

The priority categories for which visa applications will be accepted and processed  has been amended and severely reduced to the following:

  • has obtained or is entitled to apply for a right of residence under EU Free Movement;
  • has a valid Residence Permission in the State under the immigration Acts (including persons covered by the interim arrangements that apply from 15 November 2021 to 15 January 2021
  • is a family member of an Irish citizen
  • has not been in one of the following countries (South Africa, Namibia, Botswana, Lesotho, Eswatini, Mozambique, and Zimbabwe) in the previous 14 days prior to the date of travel to the State;
  • is a diplomat and to whom the privileges and immunities conferred by an international agreement or arrangement or customary international law apply in the State, pursuant to the Diplomatic Relations and Immunities Acts 1967 to 2006 or any other enactment or the Constitution.

This is severely reduced from the previous notice, which included employment permit holders and all join family visa applications.

Affected persons  should also take note of the Minister’s note of caution that further changes may take place at short notice.

If this affects you or your family, please get in contact with Berkeley Solicitors to discuss your case.

 

MINISTER FOR JUSTICE ANNOUNCES NEW REGULARISATION SCHEME FOR LONG-TERM UNDOCUMENTED MIGRANTS

On 3rd December 2021, the Minister for Justice announced a new scheme which will enable many undocumented migrants to apply to regularise their residency status.

The scheme will open for online applications in January 2022 and applications will be accepted for six months.

The scheme will include those who do not have a current permission to reside in Ireland, whether they arrived illegally or whether their permission expired or was withdrawn years ago.

In order to be eligible, applicants must have been undocumented for a period of four years, or three years in the case of those with dependent children.

According to a briefing session with Department of Justice officials held on 2nd December  2021, a short period of absence from the State in the undocumented period for those who would otherwise qualify will be disregarded. This will be limited to a max of 60 days absence from the State and the documented period arising from the short-term tourist permission (up to 90 days).

Applicants must meet standards regarding good character, though having convictions for minor offences will not, of itself, result in disqualification.

There will be no requirement for applicants to demonstrate that they would not be a financial burden on the State, as the scheme is aimed at those who may be economically and socially marginalised as a result of their undocumented status.

The scheme will also be open to individuals with expired student permission, those who have been issued with a section 3 notice under the Immigration Act 1999, and those who have received deportation orders.

The scheme is also expected to include international protection applicants who have been in the asylum process for a minimum of 2 years, though full details on this are yet to be announced.

There will be an application fee of €700 for family unit applications, while a fee of €550 will apply to individuals’ applications. Children up to 23 years, living with their parent(s), can be included in a family unit application.

Successful applicants will be granted residence permission which will allow access to the labour market and will provide a pathway to Irish citizenship.

Announcing the scheme, the Minister for Justice Helen McEntee stated:

“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme.

Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status.

It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances.”

As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need.”

I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”

The full announcement can be read here.

Studies suggest that there are 17,000 undocumented persons in the State, including up to 3,000 children.

Berkeley Solicitors welcomes the announcement of this scheme, which will allow many undocumented migrants to come forward and apply to regularise their status.

MINISTER FOR JUSTICE ANNOUNCES CHANGES TO NATURALISATION APPLICATIONS AND IMMIGRATION REQUIREMENTS OVER THE CHRISTMAS PERIOD

In notices dated the 15th and 16th November 2021, the Minister for Justice has announced a number of immigration changes to the processing of naturalisation applications and immigration requirements over the Christmas period.

With regards to the processing of naturalisation applications, the Minister has announced that that from the 1st January 2022, new applicants for naturalisation will not be required to submit their original passports with the initial application.

Applicants will instead be required to submit a full colour copy of their entire passport, including the front and back covers. The colour copy must be witnessed by a solicitor and submitted with the application form and supporting documents.

In addition, the Minister announced that significant changes are being introduced regarding the number of proofs required to establish identity and residency as part of the application process. More details will be announced on the Department’s website in the coming weeks.

With regards to immigration requirements over the Christmas period, the Minister announced that anyone holding an Irish Residence Permit card that was in-date at the beginning of the pandemic in March 2020 can use their current expired card to depart from and return to Ireland in confidence over Christmas and until 15 January 2022.

It was also announced that re-entry visa requirements for children under the age of 16 have also been suspended until 15th January 2022.

The notice states that holders of expired IRP cards wishing to travel over the Christmas period must be able to show a copy of the travel confirmation notice, available here, and their original expired IRP when travelling.

This is a temporary measure and travellers with expired cards will need to return to Ireland before the 15th January 2022. This measure is not available to persons who do not have a physical IRP card in their possession.

We welcome these changes which will simplify the naturalisation application process and will allow individuals with expired IRP cards to travel and visit family over Christmas.

The full notices can be read here and here.

Further updates will be posted on our blog.

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

CONGRATULATIONS TO CLIENTS OF BERKELEY SOLICITORS WHO HAVE BEEN RECENTLY APPROVED FOR NATURALISATION

Berkeley Solicitors offers congratulations to a number of our clients who have recently received approval on their naturalisation applications.

This is very welcome news for our clients, many of whom have been waiting in excess of two years to have their applications approved.

The successful applicants have been invited to attend a citizenship ceremony on Monday 13th December 2021, the first in-person ceremony in many months due to Covid-19 restrictions.

Berkeley Solicitors congratulates our clients on receiving this good news after a very long wait.

If you or a family member have queries about the naturalisation process, please do not hesitate to contact our office.

BERKELEY SOLICITORS VOTED ONE OF IRELAND’S BEST LAW FIRMS 2022

Berkeley Solicitors are delighted to have been voted one of the best law firms in Ireland for 2022 in the category of Human Rights and Immigration.

The list of Ireland’s best law firms for 2022 was published by the Irish Independent following a peer-to-peer survey of more than 1000 legal professionals.

The full list of firms can be found at:

https://www.independent.ie/business/irelands-best-law-firms/irelands-best-law-firms-2022-full-list-41020380.html

Berkeley solicitors would like to thank our clients and colleagues for their support and we look forward to working with you in 2022.

IILA

FOUNDING OF THE IRISH IMMIGRATION LAWYERS ASSOCIATION

Karen Berkeley is proud to be a founding member of the Irish Immigration Lawyers Association.

The IILA will be launched on Friday 23rd July 2021 at 3 pm and will include addresses from An Taoiseach Micheál Martin and High Court Judge Tara Burns who is in charge of the asylum and immigration list.

The Irish Immigration Lawyers Association will:

  • Run regular CPD events,
  • Have an online forum for the purpose of sharing and exchanging knowledge, experience and research,
  • Liaise with relevant Government departments, the Courts Service, Chief State Solicitor’s Office and the Immigration, Asylum and Citizenship Bar Association in relation to issues of practice and procedure or proposed legislative changes

Solicitors who hold a practising certificate and their associates can register their membership at www.iila.ie.

Further information on the IILA can be found at www.iila.ie

Berkeley Solicitors offers its congratulations to the Irish Immigration Lawyers Association and wishes it every success in the future.

ONUS ON MINISTER TO CARRY OUT RIGOROUS INVESTIGATIONS BEFORE MAKING AN ALLEGATION OF FRAUD AGAINST APPLICANTS

In the judgment of Mr Justice Max Barrett in the case of Jaysheering Saneecher and Nikolajs Samkovs V The Minister for Justice and Equality delivered on 5th May 2021 it was concluded that:

‘an investigation resulting in a determination that an application is fraudulent must be rigorous’

In this case, the Minister had disputed several facts which had been submitted by the applicants in their EU Treaty Rights application and therefore it was refused on fraudulent grounds.

In response to this Mr Justice Barrett commented that:

‘an error on a payslip could not, by itself, reasonably ground the serious finding that the applicant’s application was fraudulent.’ and that ‘the Minister’s investigation process in this regard was disproportionately lacking in rigour and did not yield a safe finding.’

Furthermore, Mr Justice Barrett was critical of the Minister’s failure to conduct a proportionality assessment and stated that:

‘a blanket cessation of any EU treaty rights presenting – is utterly dis-proportionate.’

This is a welcome judgment which reiterates that there is a strong onus on the Minister to carry out a rigorous and thorough investigation before making an allegation of fraud in an EU Treaty Rights application.

Please do not hesitate to contact us if you are affected by this notice or by the matters raised in this blog.