Tag Archive for: Immigration Service Delivery

NEW ACT INTRODUCING SIGNIFICANT CHANGES TO IMMIGRATION AND CITIZENSHIP COMMENCED

The Minister for Justice Helen McEntee has commenced the majority of the provisions of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.
This Act has introduced significant amendments to immigration, citizenship and naturalisation law in Ireland, to take effect from 31st July 2023. The major changes are outlined below:
The Act contains amendments to a number of provisions of the Irish Nationality and Citizenship Acts.
Children born in the State who are not entitled to Irish citizenship by birth, will now be eligible to apply for naturalisation after three years of reckonable residency in the State, reduced from five years……

Read more
RECENT REFUSALS OF EMPLOYMENT PERMIT VISAS

ISD NOTICE CONFIRMS THAT TEMPORARY PROTECTION HOLDERS DO NOT NEED TO APPLY FOR A NEW TEMPORARY PROTECTION CERTIFICATE



The Department of Justice has recently published a travel confirmation notice for beneficiaries of Temporary Protection, benefiting from the Temporary Protection Directive.

The notice confirms that the Minister for Justice has extended immigration permissions for all beneficiaries of Temporary protection to 4th March 2024. From 16th February 2023, non-nationals with a Temporary Protection Certificate living in Ireland will not need to apply for a new Temporary Protection Certificate.

Expired certificates can be used as proof of entitlement to Temporary Protection and any related state services, up until 4th March 2024.

If a Temporary Protection holder has an expired Temporary Protection Certificate, and they intend to travel and subsequently re-enter the State, if they are a national of Ukraine or a non-visa required national, no action is necessary.

If they are a national of a country that is a visa-required national for Ireland, the Department of Justice have advised to contact [email protected] to ensure that the Temporary Protection holder has the necessary documents to re-enter Ireland without a visa.

The full Travel Confirmation Notice can be accessed via the following link:

https://www.irishimmigration.ie/travel-confirmation-notice/

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.

IMMIGRATION SERVICE DELIVERY ANNOUNCE BRIDGING PERMISSION FOR ENGLISH LANGUAGE STUDENTS ENROLLED IN HIGHER EDUCATION PROGRAMMES

IMMIGRATION SERVICE DELIVERY ANNOUNCE BRIDGING PERMISSION FOR ENGLISH LANGUAGE STUDENTS ENROLLED IN HIGHER EDUCATION PROGRAMMES

Immigration Service Delivery have announced a bridging permission for students enrolled in English Language courses who have subsequently enrolled in a Higher Education Programme. The bridging permission applies where students have successfully completed a second or third course and have then enrolled in a Higher Education Programme commencing by the end of October 2023.

The bridging permission will be a short-term Stamp 2 permission, which will be granted until 30th September 2023. The permission will be valid from the date of expiry of their current IRP card. It is a requirement that applicants provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Programmes (ILEP) commencing September 2023.

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 permission. They must apply for the permission via their local immigration office if residing outside of Dublin, or via the online portal if residing in Dublin. Students must satisfy the criteria for the bridging permission, provide evidence of their enrolment in a Higher Education Programme listed on the ILEP, and provide evidence that the course fees have been paid in full.

Further details on the bridging permission can be found here:

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

Details on the Interim List of Eligible Programmes can be found here:

https://www.irishimmigration.ie/coming-to-study-in-ireland/what-are-my-study-options/interim-list-of-eligible-programmes-ilep/

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.

ISD ANNOUNCE INITIATIVE TO FACILITATE NON-EEA NATIONALS WITH PENDING RENEWAL APPLICATIONS TO TRAVEL DURING CHRISTMAS

ISD ANNOUNCE INITIATIVE TO FACILITATE NON-EEA NATIONALS WITH PENDING RENEWAL APPLICATIONS TO TRAVEL DURING CHRISTMAS

Immigration Service Delivery has recently announced an initiative to facilitate non-EEA nationals travelling during the Christmas period. The Registration Office is currently experiencing delays of 5-6 weeks in processing renewals of IRP cards. ISD has stated that after such renewals are completed, it may take a further two weeks to receive a new IRP card in the post.

 

Due to these delays, the Minister is issuing a Travel Confirmation Notice, requesting carriers to allow individuals to travel on their recently expired IRP where a renewal application for their IRP was submitted before the expiry of their current permission. This initiative has been introduced to facilitate nationals who are required to renew their current permission and who wish to travel internationally during Christmas.

 

Non-EEA nationals may use their current recently expired IRP card to enable them to travel from 9th December 2022 to 31st January 2023, provided an application for renewal was submitted in advance of the expiry date of their IRP card.

 

Those wishing to avail of the initiative must download and print the notice published by ISD, and present it along with their expired IRP card and proof of their renewal application to immigration authorities and airlines if requested to do so.

 

The ISD notice can be found here:

 

https://www.irishimmigration.ie/isd-announces-initiative-to-facilitate-customers-travelling-at-christmas/

 

Further information on this initiative can be found here:

 

https://www.irishimmigration.ie/wp-content/uploads/2022/12/FAQs-Travel-Arrangement-Form-09-December-2022-to-31-January-2023.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.

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.

RECENT REFUSALS OF EMPLOYMENT PERMIT VISAS

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.

UPCOMING CITIZENSHIP CEREMONIES

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.

NEW VISA AND PRECLEARANCE APPLICATIONS SUSPENDED

On 29th January 2021, a notice was posted on the Department of Justice website noting that the Minister for Justice had imposed several new measures with regard to travel to the State. The Notice stated that it is currently against the law for any person to travel within Ireland for non-essential purposes outside their 5km radius, and that:

“The strong advice therefore is that everyone, regardless of their nationality or visa/preclearance status, or where they started from, who cannot provide proof of an essential purpose to travel to or within Ireland, should not travel to Ireland.”

The notice states that from the 29th January 2021 the Department is temporarily ceasing the acceptance of new visa/preclearance applications. This notice states that any applications made online will remain valid but a decision will not be made on these applications until such time as restrictions have been lifted.

 “Increasing travel restrictions and the measures introduced as part of the Government’s efforts to interrupt the transmission of COVID-19 means that travel may not be possible and even if possible is not advisable unless absolutely essential.”

Priority or Emergency cases will continue to be processed online in the normal manner with specific instructions for submission detailed on the summary page, at the end of the application.

The full list of applications  currently falling within this category are as follows:

  • Workers or self-employed persons exercising critical occupations including healthcare workers, frontier and posted workers as well as seasonal workers as referred to in the Guidelines concerning the exercise of the free movement of workers during the COVID-19 outbreak;
  • transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting;
  • patients travelling for imperative medical reasons;
  • pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study;
  • persons travelling for imperative family or business reasons;
  • diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and police officers, and humanitarian aid workers and civil protection personnel in the exercise of their functions;
  • passengers in transit;
  • seafarers;
  • journalists, when performing their duties.

The list of priority/ emergency visa has been amended from the previous visa suspensions during last year.

Of particular note is the fact that applications for visas/ pre clearance submitted pursuant to Directive 2004/38/EC and the European Communities ( Free Movement of Persons) Regulation 2015 are not currently listed as priority and based on this published note alone  would appear to be suspended.

In addition to the above, the Minister signed an order imposing new visa requirements on passport holders from a number of South American countries and South Africa. The order came into effect at midnight on the 27th January 2021. In addition to the existing visa required countries, nationals of the following countries are now visa required nationals:

  • Argentina
  • Bolivia
  • Brazil
  • Chile
  • Colombia (transit visa now required – this country is already subject to entry visa requirements)
  • Ecuador (transit visa now required – this country is already subject to entry visa requirements)
  • Guyana
  • Paraguay
  • Peru (transit visa now required – this country is already subject to entry visa requirements)
  • South Africa
  • Suriname (transit visa now required – this country is already subject to entry visa requirements)
  • Uruguay

 

DEPARTMENT OF JUSTICE ANNOUNCES EU TREATY RIGHTS AND DOMESTIC RESIDENCE APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY DURING COVID-19 RESTRICTIONS

On 15th January 2021, the Department of Justice published an updated notice regarding the submission of certain immigration applications during Covid-19 restrictions.

The notice confirms that as a temporary measure between Monday 18th January 2021 and Friday 30th April 2021, both EU Treaty Rights and Domestic Residence applications can be submitted by email with copies of supporting documentation.

In normal circumstances these applications need to be submitted by post with hard copy documents.

Any original documentation that is required for the application may need be submitted by post at a later date. The notice further states that documents should be submitted in PDF format.

This is a welcome development which will simplify the application process during the current Covid-19 lockdown.

The full notice can be read here.

If you have queries about EU Treaty Rights and Domestic Residence applications, please do not hesitate to contact the office.