Tag Archive for: immigration

RECOMMENCEMENT OF CITIZENSHIP CEREMONIES

The first citizenship ceremony since early 2020 was recently held on the 20th June 2022 in Killarney, County Kerry.

The in-person ceremonies were postponed for over two years due to Covid-19 restrictions.

The ceremonies were temporarily replaced with the signing of a declaration of fidelity to the State.

Berkeley Solicitors wishes to congratulate all those who have recently received their Irish Citizenship and we welcome the return of the citizenship ceremonies which allows the recipients to celebrate this occasion.

If you or a family member has any queries regarding your immigration status please do not hesitate to contact us.

FAILURE TO REGISTER TEMPORARY PROTECTION HOLDERS

The Minister for Justice has made a decision not to register the immigration permission of persons legally resident in Ireland with Temporary Protection in accordance with Section 60 of the International Protection Act, the Temporary Protection Directive (2001/55/EC) and Council Implementing Decision (EU) 2022/382 of 4 March 2022.

The Minister has granted such persons letters confirming their temporary protection along with a right to work, PPS numbers and accompanying supports. The provision of residence permission and such rights to persons who have fled Ukraine is very welcome.

However, the failure to register the holders of temporary protection and provide them with IRP registration cards is problematic for a number of reasons.

Non-EEA citizens resident in Ireland are required by law to register pursuant to Section 9 of the Immigration Act 2004, failure to register is in fact an offence under the 2004 Act.

Citizens of Ukraine are now non- visa required in the Irish Immigration context and it appears their re-entry to Ireland following any travel is being facilitated by production of their temporary protection letter, however the standard immigration procedure would be to produce to the immigration officer a valid IRP card.

A specific difficulty arises for holders of temporary protection, who fled from Ukraine, who are nationals of visa required countries.

Without an IRP card to recognise their legal residence in Ireland such persons are in fact restricted in being able to travel outside of the State as they have no document to facilitate their return to the State.

The Minister has abolished the re-entry visa system for adults and therefore the reality is that in absence of a valid IRP card, such persons would have no document to facilitate their return to Ireland.

Furthermore, it is unclear as to the rights of family reunification for holders of temporary protection as they do not hold a distinct immigration registration stamp.

Berkeley Solicitors has successfully obtained registration for a holder of temporary protection and are happy to note that our client has been issued with Stamp 4 registration permission.

This will allow our client to travel in and out of Ireland without difficulty. Our client also now holds Stamp 4 registration which is a clearly reckonable stamp for the purpose of a naturalisation application and has clearly defined rules as to the right to family reunification.

In our view the Minister for Justice should facilitate the registration of all persons in Ireland who have been issued temporary protection with Stamp 4 permission without further delay.

RE-ENTRY VISAS FOR CHILDREN UNDER 16 SUSPENDED UNTIL FURTHER NOTICE

In a notice published on the 14th June 2022 it was announced that the requirement to obtain a re-entry visa has been suspended indefinitely for children under 16.

The notice states that children under 16 must be accompanied by a parent or guardian who hold legal residence permission in the State.

The accompanying adult must prove that they are the legal parent or guardian of the child by providing suitable documentation such as:

• A birth or adoption certificate, or guardianship papers showing your relationship with the child
• A marriage/divorce certificate if you are the child’s parent but have a different surname
• A death certificate in the case of a deceased parent

The full notice can be found at: https://www.irishimmigration.ie/suspension-of-re-entry-visa-requirements-for-children-under-the-age-of-16-years/

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

CLIENTS OF BERKELEY SOLICITORS APPROVED CERTIFICATES OF NATIONALITY

Berkeley Solicitors would like to congratulate our clients and their minor children who were recently granted certificates of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956.

The applicants were minor children who were born in the State but not entitled to citizenship at birth of any other country.

We applied to the Minister to grant them certificates of nationality on the basis that they were Irish citizens by birth pursuant to Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended by section 3(1) of the Irish Nationality and Citizenship Act, 2001, which states as follows:

“A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country.”

The granting of this application results in our clients being recognised as Irish citizens.

We are delighted in this wonderful outcome for our clients.

Berkeley Solicitors would be happy to advise any clients in similar situations and would encourage you or any family members in such positions to contact our office.

RECENT IMMIGATION UPDATES

Important information for residents of  South Africa, Botswana, Eswatini and Lesotho, Mozambique, Namibia

In a notice published on the 22nd December 2021 on the webpage of the Embassy of Ireland, South Africa  it is stated that With effect from 00.01 on Wednesday, 22nd December 2021, nationals of Botswana, Eswatini Lesotho and South Africa are no longer entry visa required and nationals of Botswana, Eswatini, Lesotho, Mozambique, Namibia and South Africa are no longer transit visa required.

https://www.dfa.ie/irish-embassy/south-africa/

There is no such notice on the Home Page of the Immigration Service Delivery, however the list of visa and non-visa required nationals has been updated to reflect this change.

http://www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf

 

Deadline to Apply for Withdrawal Agreement Beneficiaries Card extended:

The Minister has extended the deadline to apply for a Withdrawal Agreement Beneficiaries from 31st December 2020 to the 30th June 2022. It is important that any Non-EEA family member of a British citizen who is currently resident in the State on foot of an EU Fam residence card applies to exchange their residence card for a  Withdrawal Agreement Beneficiaries without delay. It is also open to British citizens themselves to apply for this recognition as well.

The full notice can be found below:

https://www.irishimmigration.ie/extension-of-date-for-non-eea-family-members-of-uk-nationals-residing-in-ireland-before-the-end-of-the-transition-period-on-31-december-2020-to-apply-for-a-residence-document-under-the-withdrawal-agre/

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.

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.

MINISTER FOR JUSTICE ANNOUNCES THE RESUMPTION OF SHORT STAY ENTRY VISA PROCESSING AND THE FINAL EXTENSION OF IMMIGRATION PERMISSIONS

Resumption of Short Stay Entry Visa Processing

On 10th September 2021, the Minister for Justice Heather Humphreys TD and the Minister of State for Law Reform, Youth Justice and Immigration, James Browne TD, announced the resumption of short stay entry visa processing. This came into effect on Monday, the 13th September 2021 and applications for short stay visas are now open.

Minister Humphreys stated that this decision is pursuant to the Government’s approach to the next phase of the COVID-19 pandemic. Therefore, Minister Humphreys highlighted that “all travellers arriving into Ireland must continue to comply fully with measures required by law including producing proof of vaccination, recovery from Covid-19 or a negative PCR test.”

The resumption will allow nationals of visa required countries to travel to Ireland for the first time since March 2020. Minister Browne acknowledged the positive impact this will have for many,

“As Minister of State for Immigration I fully appreciate how difficult these restrictions, which were necessary to keep us all safe, have been for many people. As we continue to reopen our society, the resumption of short stay visa processing will be welcome news for people who want to travel to Ireland to visit family, to study or for business reasons.”

Information regarding countries which require a visa/ preclearance to enter Ireland can be found here.

The notice can be read in full here.

Final Extension of Immigration Permissions

On 24th September 2021, the Minister for Justice Heather Humphreys and the Minister of State for Law Reform, Youth Justice and Immigration, James Browne announced a final temporary extension of immigration international protection permissions to 15th January 2022. This extension applies to immigration and international protection permissions to reside in the State that are due to expire between 21st September 2021 and 15th January 2022.

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 15th January 2022.

Any permission that was renewed by the previous notices and was due to expire between 21st September 2021 and 15th January 2022 is automatically renewed by this notice until 15th January 2022. 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 Humphreys commented:

“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 final automatic extension to 15 January 2022 for anyone already holding a valid permission.”

“This extension will benefit those that have so far been unable to get an appointment to register a first time permission or have yet to renew an existing permission. However, I must emphasise that this will be the final temporary extension and I strongly encourage everyone to use the time between now and 15 January to make all efforts do so and not to wait until the last minute when demand may be high.”

The notice further highlights that the Registration Office in Burgh Quay is open for appointments and customers based in Dublin can renew a permission online at https://inisonline.jahs.ie. For customers outside of Dublin, renewals are processed by the Garda National Immigration Bureau. Information in relation to registration offices located outside Dublin can be found at www.garda.ie/en/contact-us/station-directory.

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.