Tag Archive for: immigration law Ireland

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.

MINISTER FOR JUSTICE ANNOUNCES BRIDGING PERMISSION FOR ENGLISH LANGUAGE STUDENTS

The Immigration Service Delivery have announced another bridging permission this year for English Language course students who have successfully completed a course and are subsequently enrolled in a Higher Education Programme commencing by end of October 2024.

The bridging permission is a short-term Stamp 2 permission granted until 30th September 2024.

This is relevant for English language students moving to higher education in the coming academic year, whose stamp will expire before they can commence their new course.

This permission is on the basis that applicants will be in a position to provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) and that the programme commences in September 2024.

Students wishing to avail of this bridging permission must have:

  • An in-date IRP card or a card that has expired within one month when applying for the bridging permission;
  • Successfully completed a 3rd English Language course listed on the ILEP or successfully completed a 2nd English Language course listed on the ILEP on or after 1st July;
  • Have enrolled in and paid fees in full for a Higher Education Programme listed on the ILEP;
  • Apply for a renewal (bridging permission) via their local immigration office.

The bridging permission will allow non-EEA nationals who have successfully completed their 2nd or 3rd English language courses and who are progressing to a Higher Education Course to remain in the State pending commencement of their course.

The full announcement can be found here:

https://www.irishimmigration.ie/english-language-students-stamp-2-bridging-permission-2024-update/

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.

UPDATE TO ELIGIBILTY REQUIREMENTS FOR STAMP 4

UPDATE TO ELIGIBILTY REQUIREMENTS FOR STAMP 4

The Department of Justice have recently changed the eligibility requirements for a Stamp 4 upgrade for employment permit holders. Please note that Stamp 4 support letters are no longer required for this upgrade, and your Stamp 4 permission can be registered at your registration office.

Effective from 3rd April 2024, employment permit holders with a Stamp 1 or 1H permission who have completed 21 months of employment are eligible for a Stamp 4 upgrade at their registration office.

The eligible categories include Critical Skills Employment Permit holder, individuals resident on the basis of a Hosting Agreement as a Researcher, or a Multi-Site General Employment Permit holder as a Non-Consultant Hospital Doctor.

General Employment Permit holders can now obtain a Stamp 4 after 57 months as opposed to 60 months. This means that General Employment Permit holders do not have to apply for long-term residence to the Immigration Service Delivery and can instead upgrade their permission to a Stamp 4 at their registration office.

A significant change to this is that the time period is now judged from date of commencement of employment, rather than the date of registration of Stamp 1 permission, as it had been previously. This had been a significant issue for employees recently due to long delays in registration. Commencement of employment in the State will be determined via your Employment Detail Summary, available on revenue.ie/myaccount.

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

https://www.irishimmigration.ie/update-to-eligibility-requirements-for-stamp-4-upgrades/

For further details on immigration permissions or stamps please visit the following link:

https://www.irishimmigration.ie/registering-your-immigration-permission/information-on-registering/immigration-permission-stamps/

Berkeley Solicitors are available to provide support and assistance to any employment permit holders looking to upgrade to a Stamp 4.

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

NOTICE ON NON-EEA NATIONALS AWAITING AN EU NATIONAL PASSPORT

The Immigration Service Delivery have published a notice in response queries of Non-EEA nationals who await the issuance of an EU Passport, of their status and obligations in the State.

The notice has clarified that Non-EEA nationals, who are in receipt of court documents stating that they are citizens of an EU country, must hold a valid immigration permission to remain legally resident in the State.

Individuals in this position therefore must ensure to contact their national embassy to keep their Irish immigration permissions up to date while they await their EU passport. Court documents stating that they are citizens of an EU country will not suffice in proving their legal residency in the interim.

Individuals must also ensure to comply with the obligations of their immigration permissions whilst they await the issuance of their EU passport.

Please see the below link for further details:

 

https://www.irishimmigration.ie/non-eea-national-awaiting-an-eu-national-passport/

 

Berkeley Solicitors are available to provide support and assistance to any residence applicants.

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.