Tag Archive for: immigration

UPCOMING CITIZENSHIP CEREMONIES

CHILDREN BORN IN IRELAND WITHOUT ENTITLEMENT TO NATIONALITY OF ANY OTHER COUNTRY

Berkeley Solicitors continues to act for a number of children born in Ireland without an entitlement to nationality of any other country.

We believe that our clients are entitled to Irish citizenship pursuant to Article 6(3) of the Irish Nationality and Citizenship Act 1956.

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, 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.”

Berkeley Solicitors is proud to have successfully acted for one client who was approved a Certificate of Nationality on foot of Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended.

We currently have a number of similar applications pending. However, these applications tend to be subject to very long delays.

Further difficulties arise because the Minister has failed to implement a lawful application procedure for such children applying for recognition of their Irish citizenship.

Berkeley Solicitors calls on the Minister to implement a lawful procedure for the small cohort of children resident in Ireland, who are entitled to Irish citizenship pursuant to Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended.

 

BERKELEY SOLICITORS CALLS ON THE MINISTER TO ADDRESS THE ISSUE OF STATELESS PEOPLE IN IRELAND

It is a matter of great concern to Berkeley Solicitors that Ireland continues to deny stateless persons the right to have their status recognised contrary to the UN Convention for Stateless Persons.

The Immigrant Council of Ireland has stated that:

‘Ireland continues to fail in meeting international standards for providing legal framework to protect stateless people and does not have sufficient safeguards in place to prevent and reduce statelessness from occurring through legal gaps.’

The first applicant in Ireland to obtain a declaration of ‘stateless’ status was in 2014, and a client of Ms Karen Berkeley. A summary of the case can be found at:

https://www.irishtimes.com/news/social-affairs/ireland-gives-legal-status-to-first-stateless-resident-1.1742516

Acting for the client, Ms Berkeley commented that Ireland’s failure to establish an administrative process for stateless residents was a breach of its obligations under the 1954 Convention.

However, following this case no application procedure has yet been created by the Minister for Justice.

It is a very unsatisfactory situation that stateless persons generally have to apply for refugee status and fit their case into the narrow legal definition of a refugee.

Berkeley Solicitors calls on the Minister to establish a legal procedure for stateless persons in the UN Convention for Stateless Persons.

 

REOPENING OF BURGH QUAY REGISTRATION OFFICE

The Burgh Quay Registration Office will reopen for non-nationals who are registering for their first immigration permission on Monday 10th May 2021.

In the notice published on the 6th May 2021, INIS stated that the office will be in contact with applicants whose appointments were cancelled due to the closures in line with the level 5 restrictions.

It is intended that these cancelled appointments will be rescheduled as quickly as possible.

Applicants in the Dublin region who wish to register for their first immigration permission can book an appointment at:

https://burghquayregistrationoffice.inis.gov.ie/

For those located outside of Dublin, applications are processed by the Garda National Immigration Bureau. Contact details for these offices can be found here:

https://www.garda.ie/

The reopening now means that those who have been granted residence permission can apply for an Irish Residence Permit and will have evidence of their right to reside and work.

This is very welcome news for our clients who have been facing practical difficulties due to the closures.

The full announcement can be found at:

http://www.inis.gov.ie/en/INIS/Pages/updates-announcements

Berkeley Solicitors advises all our clients who have received their first residence permission approval since the closure of Burgh Quay on the 23rd December 2020 to immediately apply for an appointment to register.

 

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

SUSPENSION OF VISA AND PRECLEARANCE APPLICATIONS EXTENDED UNTIL FURTHER NOTICE

The decision to temporarily suspend the processing of new visa and preclearance applications has been extended as of 5th May 2021.

In its notice, the Department of Justice stated that:

‘these measures will remain in place until further notice’ and that ‘the situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.’

Due to the level 5 restrictions, there are a limited number of applications currently being processed, including priority and emergency cases.

These cases include applications for essential workers, patients travelling for necessary medical treatment and persons travelling for urgent family reasons.

The notice also states that applications received before the 29th January will continue to be processed.

Applications for appeal are also being accepted and processed.

There is no indication of when the Department will recommence accepting new visa and preclearance applications.

The full announcement can be found at:

http://www.inis.gov.ie/en/INIS/Pages/visas-updates

If this notice affects you or your family, please get in contact with Berkeley Solicitors to discuss your case

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

CONGRATULATIONS TO CLIENTS OF BERKELEY SOLICITORS WHO HAVE BEEN RECENTLY APPROVED FOR NATURALIZATION

Berkeley Solicitors offers congratulations to a number of our clients who have recently received approval on their naturalization applications.

This is very welcome news for our clients who have all been waiting in excess of two years to have their applications approved.

Covid-19 restrictions have resulted in delays for over 24,000 people awaiting approval for naturalization.

With in-person citizenship ceremonies not set to resume until December, the approved applicants can now sign a statutory declaration in the presence of a designated official.

In a letter, the Minister for Justice offered her ‘warmest congratulations’ to the approved applicants as they begin a new chapter in their lives as Irish citizens.

Berkeley Solicitors congratulates our clients on receiving this good news after a very long wait.

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

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.

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.

MINISTER FOR JUSTICE ANNOUNCES NEW TEMPORARY PROCESS FOR GRANTING CITIZENSHIP DURING COVID-19 RESTRICTIONS

On 18th January 2021, the Minister for Justice Helen McEntee announced a new temporary process for the granting of citizenship during Covid-19 restrictions.

In normal circumstances, successful applicants are required to attend a citizenship ceremony in order to obtain a certificate of nationality.

However, citizenship ceremonies have been suspended since March 2020 due to the Covid-19 pandemic.

Under the new temporary system, qualifying applicants will be asked to complete a statutory declaration that will be emailed to them by the Citizenship Division of the Department of Justice. They will be required to bring the statutory declaration to one of the listed designated officials who will witness the applicant sign the statutory declaration.

The applicant must then send the signed statutory declaration, the appropriate fee and any other requested documentation to the Department’s Citizenship Division. A certificate of naturalisation signed by the Minister for Justice will then be sent to the applicant.

This new system is in place from 18th January 2021.

Commenting on the new system, the Minister stated Minister McEntee said:

“The granting of Irish citizenship through naturalisation is a privilege and an honour which is recognised by the thousands of people who apply every year. I am pleased that we can now bring some certainty to the people whose applications have effectively been on hold during the pandemic.

Approximately 4,000 applicants have not been able to receive a certificate of naturalisation due to the temporary suspension of citizenship ceremonies. The process I am opening today means that certificates can now be granted again, once the signed and witnessed statutory declaration and relevant fee has been received by my Department.”

The Department of Justice will be in contact with qualifying applicants regarding the requirements on a phased basis over the next few months until in-person citizenship ceremonies are able to recommence.

The Department stated that the 4,000 applicants currently waiting on naturalisation will have been provided with an opportunity to gain citizenship by the end of March.

The Minister also commented that in-person ceremonies are provisionally scheduled to resume in December 2021.

In addition to this, Minister McEntee outlined some additional digital measures that she intends to implement in order to simplify the naturalisation process:

“I am putting the Justice Sector on a Digital First footing and will move our services away from old, paper-based systems.

Plans for the digitalisation of the naturalisation process are well advanced, through increased digital and ICT investment. As part of this process, eTax-clearance for citizenship applicants has been introduced. Online payments have been trialled for applications from minors and the process is currently being rolled out to adult applications on a phased basis.”

If you have any queries about the naturalisation process, please do not hesitate to contact our office.