Tag Archive for: immigration law in Ireland

IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

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.

Clients of Berkeley Solicitors win their judicial review case before the High Court in N.I. V MJE 2022 / 442 /JR

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.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

MINISTER FOR JUSTICE ANNOUNCES FURTHER EXTENSION OF IMMIGRATION PERMISSIONS

On 26th March 2021, the Minister for Justice Helen McEntee published a notice announcing a further temporary extension of immigration and international protection permissions. This extension applies to immigration and international protection permissions to reside in the State that are due to expire between 21st April 2021 and 20th September 2021.

It applies to all persons with a current valid permission, whether pursuant to domestic law or powers of the Minister, or pursuant to Directive 2004/38/EC (the EU Free Movement Directive).

All such permissions are automatically renewed by the Minister to the 20th of September 2021.

Any permission that was renewed by the previous notices and was due to expire between 21st April 2021 and 20th September 2021 is automatically renewed by this notice until 20th September 2021.

The automatic renewal is on the same basis as the existing permission and the same conditions will continue to apply.

Announcing the measure, the Minister for Justice commented:

“As the COVID-19 situation continues to evolve, I want to reassure people whose immigration permissions are due to expire shortly that your legal status in the country will continue to be maintained. To do this, I am introducing a further automatic extension to 20 September 2021 for anyone already holding a valid permission.

“This extension will benefit those who cannot get an appointment to register or renew an existing permission. However, I encourage anyone who can renew, particularly Dublin-based customers who can use the online system, to do so and not to wait until September.”

The notice also confirms that the Registration Office in Burgh Quay remains closed due to Covid-19 restrictions. Persons who were issued with appointments for first time registrations will be contacted directly by the Immigration Service and they will be prioritised for appointments once the Public Office can safely reopen.

The notice can be read in full here.

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

PROCESSING TIMES FOR FOREIGN BIRTH REGISTRATION

MINISTER FOR JUSTICE ANNOUNCES CHANGES TO REQUIREMENTS FOR CHILDREN APPLYING FOR IRISH CITIZENSHIP

On 23rd March 2021, the Minister for Justice, Helen McEntee, announced that she will make it easier for children born here, whose parents are not Irish citizens and who are not entitled to citizenship at birth, to gain Irish citizenship themselves.

The current policy is that a child born in the State, but who is not entitled to citizenship by birth, needs to be resident in Ireland for five of the previous eight years before they can apply for citizenship.

Minister McEntee announced that she intends to reduce the residency requirements for such children from five years to three years.

These changes will be contained in the upcoming Civil Law (Miscellaneous Provisions) Bill 2021, which is expected to be submitted to Government in the coming weeks.

Once this legislation comes into force, the number of years a minor must be resident in Ireland will now be two years out of the previous eight, in addition to the requirement to have one year’s continuous residence immediately prior to their citizenship application.

Announcing this step, the Minister for Justice commented:

“The granting of Irish citizenship is a privilege and an honour which is recognised by the thousands of people who apply every year. It is my hope that reducing the amount of time children of non-Irish nationals born in Ireland have to wait before being eligible for citizenship will provide comfort and reassurance to many families across the country.

…

 This amendment provides increased security for children where a parent subsequently falls out of permission as the child will be entitled to Irish citizenship and will therefore be an EU citizen with the right to remain in the State with a non-EEA national guardian or parent.

However, it will not broaden the categories of children who are entitled to citizenship and this amendment will only apply to the children of those parents who are legally resident in the State. Children born here to non-national parents who have three years prior residency will continue to be Irish citizens from birth.”

This is a welcome development which will allow children who are currently on a pathway to citizenship to attain this status at a much earlier stage.

The full announcement can be read here.

If you or a family member have any queries about applying for Irish citizenship, please contact our office.

UPDATE ON PROMISED SCHEME TO REGULARISE STATUS OF UNDOCUMENTED MIGRANTS

The Minister for Justice Helen McEntee is due to publish her Justice Plan 2021 today, the 22nd February 2021.

The plan contains more than 200 actions which are to be implemented in the next 12 months, including the promised regularisation scheme for undocumented persons.

According to an article in The Journal, the scheme is expected to launch in the autumn and applications will be accepted by the end of the year.

The Minister for Justice was quoted as saying:

“We are all familiar with the plight of the undocumented Irish who have built their lives in the United States but have not regularised their status, even though they are an integral part of their communities. 

We must acknowledge there are thousands of people here in Ireland in a similar position: who have started families here, work here and contribute so much to our society but who want to regularise their position with Irish authorities.

The scheme will be open to applicants by the end of the year and could benefit an estimated 17,000 people, including 3,000 young people or children.”

Berkeley Solicitors welcomes the news that the Department of Justice is prioritising this important issue and we look forward to the scheme being published.

As soon as the intended scheme is published, we will post a further update on this blog.

The full article can be read here.

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

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

MINISTERS ANSWER PARLIAMENTARY QUESTIONS RELATING TO THE REGULARISATION OF UNDOCUMENTED MIGRANTS AND ACCESS TO COVID-19 VACCINES

The Minister for Health and the Minister for Justice have answered parliamentary questions relating to the regularisation scheme for undocumented migrants, and access for Covid-19 vaccines for the undocumented, respectively.

On Thursday 14th January 2021, Neale Richmond TD asked the Minister for Justice for an update on the promised scheme for undocumented persons to regularise their status in the State, and if undocumented residents in Ireland will receive assurances they will not be deported if they present to their local immigration office to regulate their status as suggested by her Department.

In response to this, Minister Helen McEntee stated as follows:

“I propose to take Questions Nos. 165 and 166 together.

The Programme for Government contains a commitment to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents, meeting specified criteria and bearing in mind Ireland’s European Union (EU) and Common Travel Area (CTA) commitments.

Currently there is no scheme for the undocumented in place but work is underway in my Department to give effect to this commitment.  This work is being informed by an assessment of international best practice and having regard to our EU and CTA commitments.  I intend to consult with relevant Government Departments, civil society and other interested parties, before finalising the Scheme, which I expect to be in a position to launch in the second half of this year.

In the meantime, I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family’s status.  In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

For those who are in the State illegally, a full consideration of all aspects of their case will be carried out before a decision is made to grant permission to remain in the State or to make a Deportation Order. This will include a consideration of their private and family life rights, in accordance with the European Convention on Human Rights.

The Immigration Service of my Department examines each case of undocumented or illegal persons in the State on a case by case basis and a pragmatic approach is taken in relation to each case which is considered on its individual merits.”

On Wednesday 20th January 2021, Holly Cairns TD put a parliamentary question to the Minister for Health relating to access to Covid-19 vaccines for undocumented migrants.

Deputy Holly Cairns asked the Minister for Health to clarify if undocumented persons living in Ireland will be able to access the Covid-19 vaccine, and to confirm that they will not be reported to the immigration authorities when accessing this service.

In response to these questions the Minister Stephen Donnelly stated as follows:

“The Irish COVID-19 Vaccination Programme is designed to ensure the safe, effective, and efficient administration of a COVID-19 vaccine to all residents of Ireland who are indicated within the Vaccine Allocation strategy and wish to receive it.

The HSE has identified undocumented migrants as a higher risk group for COVID-19. There is a community assessment hub located in Dublin city centre specifically for such groups. The HSE has provided additional health supports for undocumented migrants (e.g., GP service in Capuchin Centre). A similar targeted approach will apply in terms of the COVID-19 vaccination programme.

The HSE does not report undocumented migrants to immigration authorities.

It is important that undocumented migrants are encouraged and facilitated to take-up the Covid-19 vaccine.”

We at Berkeley Solicitors welcome the news that the promised scheme for undocumented migrants will be launched later this year, as well as the assurances that undocumented migrants will be able to access Covid-19 vaccines when they become available.

The questions put to the Ministers and the answers given can be read in full here and here.

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

REVOCATION OF IRISH CITIZENSHIP – IRISH SUPREME COURT DECLARES SECTIONS OF THE IRISH NATIONALITY AND CITIZENSHIP ACT ARE UNCONSTITUTIONAL FOLLOWING JUDGEMENT IN DAMACHE V MINISTER FOR JUSTICE

On 14th October 2020, the Supreme Court found that the system in place for the revocation of Irish citizenship by way of naturalisation, as set out in section 19 of the Irish Nationality and Citizenship Act 1956, was unconstitutional.

Under the provisions of Section 19 the Minister for Justice is required to notify a person that she intends to revoke their certificate of naturalisation. The affected person can then apply for an inquiry as to the reasons for revocation, and this application is referred to an independent committee of inquiry appointed by the Minister.

The Supreme Court held that this process does not meet the high standards of natural justice applicable to a person facing the severe consequence of losing their Irish citizenship. Central to this decision was the fact that the Minister for Justice is not bound by the findings of the independent committee, and that there is no right of appeal from the Minister’s decision.

Ultimately, the revocation process under Section 19 resulted in a situation where the same person who initiated the revocation process (the Minister), and whose representatives make the case for revocation before the committee, also makes the final decision to revoke.

The Supreme Court therefore found that Section 19 of the 1956 Act was unconstitutional. However, it deferred making its final orders until it had heard further submissions from the parties and the Irish Human Rights and Equality Commission, who acted as amicus curiae in the proceedings, as to whether any aspects of Section 19 should be upheld, or whether Section 19 should be struck down in its entirety.

The Supreme Court heard these additional submissions on 21st January 2021.

On Wednesday 10th February 2021, the Court granted declarations that Sections 19(2) and 19(3) be struck down in their entirety but found that it was not necessary to strike down section 19(1), which contains the ministerial power to revoke and the grounds for such revocation.

As a result of these declarations, new statutory provisions for the revocation of certificates of naturalisation will have to be implemented. Until this occurs, the Minister for Justice cannot exercise her statutory power to revoke a certificate of naturalisation.

As reported by the Irish Times, Ms Justice Dunne said it is “inconceivable” that the Minister for Justice could revoke a grant of citizenship until a new process is in place with safeguards to meet natural justice requirements.

The full judgement of the Supreme Court can be read here (https://www.courts.ie/acc/alfresco/9f6e2c6d-eb77-4c9f-ad57-fffe7ffc65f6/2020_IESC_63.pdf/pdf) and the Irish Times article can be read here (https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-ruling-to-require-new-rules-for-revoking-citizenship-1.4481073)

Berkeley Solicitors will post further updates on the ever-evolving law surrounding revocation of Irish citizenship as it become available.

If you or a family member have queries about the naturalisation process, please contact our office.