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POSSIBILITY OF GRANTING LEGAL STATUS TO UNDOCUMENTED MIGRANTS DISCUSSED AT GOVERNMENT TALKS

The Irish Independent has reported that a proposed scheme to regularise the status of undocumented migrants in Ireland has been discussed as part of Government formation talks between Fianna Fáil, Fine Gael and the Green Party.

According to the article, published by the Irish Independent on 21st May 2020, the parties are in talks to establish a scheme that would allow undocumented migrants in Ireland to apply to regularise their status. The parties proposed that the criteria for such a scheme would be set out within 18 months of the new Government taking office.

At present there has been no final agreement on this scheme and any developments on this matter would be dependent on Fianna Fáil, Fine Gael and the Green Party forming a coalition Government together.

It is estimated that there are currently 15,000-17,000 undocumented people living in Ireland, approximately 2,000 to 3,000 of whom are thought to be children. The Migrant Rights Centre Ireland (MRCI) states that 93% of undocumented migrants are in work, including as many as 29% who work as carers.  The Covid-19 pandemic has also highlighted that many undocumented migrants are employed as key essential workers, working in difficult and challenging situations to keep the country going during this ongoing crisis.

We at Berkeley Solicitors would fully support the implementation of a scheme to regularise the status of undocumented migrants and will publish any future developments on this on our website.

The full article can be read here.

If you or a family member have any queries about your immigration status, please contact our office.

DEPARTMENT OF JUSTICE ANNOUNCES TEMPORARY ARRANGEMENTS FOR THOSE AWAITING FIRST TIME REGISTRATION

The Department of Justice has announced that anyone who is present in the State with a current, valid permission to remain and is still awaiting their first registration, can now make an electronic application to the Registration Office to request a letter confirming their permission to remain in the State and the conditions attached.

This is a temporary measure which will apply from now until the 20th July 2020.

The notice, published on 21st May 2020, states as follows:

“In light of the uncertainties caused by the COVID-19 pandemic and the difficulties some people can encounter due to not having an IRP card, as a temporary measure between now and 20th July 2020, anyone in the State awaiting their first registration, and who has a current, valid permission to remain, but does not have a current permission letter can apply to the Registration Office to request a letter confirming their permission to remain in the State and the conditions attached. 

For international English Language Students, the extension means that they may continue to work if they wish, but must be enrolled in a course of study to adhere to the conditions of their permission.  

All required documentation (see website for details) should be scanned and included in the application email. All eligibility criteria will continue to apply. 

Applications may be submitted electronically to the Registration Office, Burgh Quay, Dublin ([email protected])”

The full notice can be accessed here.

If you or a family member are affected by this notice, please contact our office to discuss.

DIFFERENT APPROACHES TO COVID-19 VISA APPLICATIONS IN IRELAND AND THE UK

The Covid-19 pandemic has resulted in a vast decrease in international travel, and many people with valid Irish visas are now unable to enter the State during the validity period of their visa.

The Irish Naturalisation and Immigration Service has stated that it will not re-issue visas for new dates at this time, and those individuals who cannot travel to Ireland during the validity period of their visa will need to reapply for an Irish visa at a later date.

This is in contrast to the approach of the UK Government which has published the following announcement:

“If your 30 day visa to travel to the UK for work, study or to join family has expired, or is about to expire, you can request a replacement visa with revised validity dates free of charge until the end of this year.

To make a request, contact the Coronavirus Immigration Help Centre…

You’ll be contacted when our VACs reopen to arrange for a replacement visa to be endorsed in your passport.

You will not be penalised for being unable collect your BRP while coronavirus measures are in place.

This process will be in place until the end of 2020.”

The announcement can be read in full here.

We at Berkeley Solicitors find the approach of the Irish Naturalisation and Immigration Service on this issue to be extremely disappointing and unfair to those individuals who have recently been granted visas for Ireland, many of whom may have been waiting many months to receive a decision on their visa application.

We call on the Irish Naturalisation and Immigration Service to revise their position on this matter and consider adopting a similar approach to that of the UK, allowing those affected to request replacement visas with new validity dates.

If you have any queries about applying for an Irish visa at this time, please do not hesitate to contact our office.

VISA DECISIONS CONTINUE TO BE ISSUED DURING THE COVID-19 CRISIS

We are happy to confirm that decisions in respect of visa applications to travel to Ireland continue to be issued by visa application centres, Irish Embassies and Consulates during the Covid-19 crisis.

Many Embassies, Consulate offices and visa processing centres are closed or are working at a reduced capacity, and so it is encouraging to see that decisions are still being issued throughout the pandemic.

Although there is a significant reduction in the number of decisions being issued in comparison to before Covid-19, it is good news to see clients are being issued with decisions on their pending applications, particularly because many people experience delays, beyond the guideline processing times, in order to have family members issued with visas in order to join them in the State.

Visa decision pages of INIS and respective Embassies and Consulates continue to be updated online.

Our office continues to act for many clients who wish to submit visa applications and who currently have pending visa applications, and we are continuing to liaise with INIS on behalf of our clients in this regard.

We at Berkeley Solicitors would encourage anyone with queries regarding visa applications to contact our office and we would be more than happy to advise.

IMMIGRATION SERVICE DELIVERY ANNOUNCES CHANGE OF PERMISSION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

Immigration Service Delivery issued a new notice on 27th April 2020 confirming that a number of change of permission applications may be submitted electronically on a temporary basis until 20th May 2020.

The notice confirms as follows:

“In light of the uncertainties caused by the COVID-19 pandemic, as a temporary measure between now and 20th May 2020, applications for the following change of permissions may be submitted electronically to the Registration Office, Burgh Quay, Dublin ([email protected]):

 

From Stamp To Stamp
Stamp 1 (Critical Skill Employment Permit) Stamp 4 (after 2 completed years on CSEP and DBEI Stamp 4 support letter)
Stamp 1 (Employment Permit) Stamp 4 (after 5 completed years on Employment Permits)
Stamp 2 Stamp 1 (Employment Permit)
Stamp 2 Stamp 1A (Trainee Accountant Contract)
Stamp 1, 2 or 3 Stamp 1G (Spouse of Critical Skill Employment Permit holder)
Stamp 1, 2 or 3 Stamp 4 (Spouse of Irish National)

 All required documentation should be scanned and included in the application. All eligibility criteria will continue to apply.

 Where a permission has been granted, applicants will still be required to register the change as normal once the Registration Office in Burgh Quay and local Registration Offices reopen.”

 

This is a positive development for any clients who wish to submit an application for change of permission and who fall within the categories listed in the notice.

Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.

The full notice can be read here.

If you would like more information regarding an application for change of permission, please contact our office.

IMMIGRATION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

We are happy to see that INIS has issued a new notice on the 15th April 2020 confirming that EU Treaty Rights and Domestic applications can be submitted by email until the 20th May 2020 as a temporary measure.
The notice confirms as follows:
As part of combined efforts to adhere to the Government’s strategy to slow down the spread of the COVID-19 virus and to ensure customer safety, we have taken the decision, as a temporary measure between now and the 20th May 2020, to allow EU Treaty Rights and Domestic applications to be submitted by email together with scanned copies of supporting documentation. EU Treaty Rights will require the original application to be submitted by post in due course

The full notice can be read at the below link:
http://www.inis.gov.ie/
Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.
It is good news to see that any clients who wish to commence new immigration application can now do so electronically, without the requirement to submit original documents at this time.
Please contact our office with any queries regarding commencing new applications.

Berkeley Solicitors

VISA APPLICATIONS DURING THE COVID-19 CRISIS

In a recent blog article, we confirmed that on the 21st March 2020, the Immigration Service Delivery (formerly INIS) announced the temporary suspension of the normal visa application procedures.

It was confirmed that there would some very important exceptions to the suspension would be permitted, as follows;

 

  • Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals;

 

  • Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

 

However, subsequently there was a further announcements from various Embassies and Consulate offices of Ireland, and from VFS Global Ireland, to confirm they are no longer accepting visa applications on a temporary basis;

The Embassy of Ireland in the UK has posted the following announcement:

Please be advised that due to the ongoing Covid-19 situation, it has been decided that all Irish Visa Application Centres (VACs) across the VFS Great Britain network will now remain closed.

While it will still be possible to apply for an Irish visa online in the normal manner, these temporary closures mean that applicants in Great Britain will not be able to complete the application process and submit their applications for consideration. We apologise for any inconvenience this might cause. Please note that any application made online will remain valid until such time as the VACs reopen.

The Embassy of Ireland in Moscow has confirmed as follows:

“We have taken the decision to temporarily cease accepting new visa applications. This is effective from close of business 20th of March 2020. Please see our visa page for further information. ”

VFS Global Ireland has published the following notice on their website regarding Pakistani visa applications for Ireland:

From 23 March 2020 The Consulate of Ireland will not accept any visa applications therefore the VACs in Islamabad, Karachi and Lahore will not be accepting any applications for Irish visas.

The re-opening of the centres will be subject to notifications from central, provincial and city authorities, as well as Irish authorities, so please return to this page for further updates.”

For further information you may visit the website of the Irish Immigration Service http://www.inis.gov.ie/ or the website of the Embassy of Ireland in Turkey https://www.dfa.ie/irish-embassy/turkey/visas/ 

VFS Global Ireland issued similar notices of a temporary closure of the visa application centres in respect of India, Nepal, China, Hong Kong, Nigeria, Qatar and Turkey – all of which have been closed from the 20th March 2020.

It is currently unclear how to apply for visas for the permitted exceptions – emergency visas and family member visas – when it appears that many of the Embassies, Consulate offices and visa processing centres are not accepting visa applications.

 

Berkeley Solicitors

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSION

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSIONS

The Department has published an important notice to all persons in the State with a current valid permission due to expire from 20/3/2020 to 20/5/2020, whether pursuant to domestic law or powers of the Minister, or Directive 2004/38/EC (Free Movement Directive). The notice confirms that the residence permissions will be automatically renewed for a two month period, on the same basis as the existing permission and with the same condition.

This includes persons in the State as visitors, who have applied for an alternative residence permission and have not yet received a decision – i.e. their visitors permission will be extended for two months.

The notice requires no action from the non national, and confirms the INIS registration offices are temporarily closed. The normal requirements to register residence permission will not arise until the registration offices re-open or alternative arrangements are put in place.

It is confirmed that a non national can present evidence of their last residence permission, in the form of a formal decision letter and/or the IRP card, together with a copy of the Notice, as evidence of their ongoing permission to remain in the State.

A list of frequently asked questions and responses is provided.

The notice can be accessed at the below link:

http://www.inis.gov.ie/en/INIS/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf/Files/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf

Berkeley Solicitors

NOTICE REGARDING RE-OPENING OF BERKELEY SOLICITORS

Berkeley Solicitors has reopened on the 30th March 2020, following a temporary closure of the office due to the Covid 19 crisis.

On the 29th March 2020, the government directed all residents to stay at home for a 14 day period, with some limited exceptions, in a national effort to restrict the spread of the  Covid 19 virus.

It is therefore not possible for Berkeley Solicitors to return to business as normal during this 14 day period, until at least the 12th April 2020.

We are instead returning to work in a limited capacity,  with a some changes to our procedures to ensure the safety and protection of our staff and clients.

Our phone lines will be open from 9 am to 12 midday, Monday to Friday. If you wish to contact us outside of these times, please email us and we will revert as soon as possible.

We are no longer arranging consultations in our office in person. All consultations are to be arranged by telephone, Skype or Zoom only.

All documents must be provided to the office electronically in PDF files.

We ask that clients do not call to the office in person to speak with their solicitor, as the solicitors will keep in contact with clients in the normal way by email and phone.

Any payments to be made to the office must be by electronic bank transfer only.

Please note that these new procedures are temporary based on the current exceptional circumstances, and we look forward to returning to work as normal on or after the 12th April next.

We will continue to update you on the development’s in this regard.

We thank you for your patience and support in complying with our new temporary procedures.

Best wishes,

Berkeley Solicitors

ANNOUNCEMENT REGARDING SUSPENSION OF NORMAL VISA APPLICATION PROCEDURE DUE TO COVID 19 PRECAUTIONS

ANNOUNCEMENT REGARDING SUSPENSION OF NORMAL VISA APPLICATION PROCEDURE DUE TO COVID 19 PRECAUTIONS

 

On the 21st March 2020, the Immigration Service Delivery (formerly INIS) announced the temporary suspension of the normal visa application procedures.

This suspension is due to commence on the 20th March 2020, and applies to all new visa applications.

The Department has further stated as follows:

While it will still be possible to apply for an Irish visa online in the normal manner, these temporary measures mean that applicants will not be able to complete their application process and we apologise for any inconvenience this might cause. Please note that any application made online will remain valid until such time as restrictions are lifted.

We intend to resume accepting applications as soon as safety concerns abate. Certain Priority/Emergency cases will continue to be processed and these include the following:

  • Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals;
  • Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

If your application falls into one of these categories, you can apply on-line in the usual way. Once you’ve completed the on-line application, you should follow the instructions given on the summary page as to where you should submit your application.

 

The full announcement can be viewed here:

http://www.inis.gov.ie/en/INIS/Pages/Home

Please note to all concerned clients, this suspension does not apply to any visa application submitted before the 20th March 2020.

 

Please further note that many visa applications will continue to be processed, including the “Immediate family members of Irish citizens, persons legally resident in the State and Persons entitled to avail of the provision of the EU Free Movement Directive.

 

Please send all queries regarding visa applications to us as normal and we will advise when the office re opens.

 

Berkeley Solicitors