Tag Archive for: Irish immigration

CHANGES TO INTERIM LIST OF ELIGIBLE PROGRAMMES (ILEP) AND IMPLEMENTATION OF NEW ‘TRUSTED IRELAND’ QUALITY MARK FOR STUDENT IMMIGRATION PURPOSES

Immigration Service Delivery (ISD) has published updated criteria for programmes to be included on the Interim List of Eligible Programmes (ILEP), on 21st March 2025.

A series of reforms on the student immigration system for Non-EEA students were implemented in 2015 in line with the ‘Reform of the International Education Sector and Student Immigration System’ policy statement.

The ILEP was introduced as a more restrictive list of education programmes eligible for student immigration purposes, used as a reference point for ISD, in considering visa and residency applications from non-EEA applicants wishing to study on a full-time basis in Ireland. The inclusion of programmes in the ILEP enables providers to recruit non-EEA students to study full-time in Ireland.

The ILEP was developed as an interim measure and will shortly be superseded by the International Education Mark (IEM), which launched in 2024. The Quality and Qualifications Ireland (QQI) will award a ‘TrustEd Ireland Quality Mark’ to higher education and English language providers who demonstrate that they meet national standards to ensure a quality experience for international students.

Once the ‘TrustEd Ireland’ scheme is fully implemented, the ILEP will cease to operate. Once the ILEP is discontinued, only education providers granted authorisation to use the ‘TrustEd Ireland’ mark will be eligible to recruit students from outside the EEA to their educational programmes.

Where a provider has programmes listed in the ILEP and remains in compliance with ILEP criteria, it may continue to recruit non-EEA nationals until the ILEP ceases operation.

The final ILEP update will be published in June 2025, after which point there will be no further additions to the list.

The ILEP will then be gradually phased out in line with the implementation of the ‘TrustEd Ireland’ scheme.

Study Visas and Stamp 2 immigration permissions will then only be granted for participation in a course offered by a provider with authorisation to use the ‘TrustEd Ireland’ mark.

More information on the updated ILEP criteria is available here.

More information regarding the ‘TrustEd Ireland’ quality mark can be found here.

Berkeley Solicitors are available to provide advice in respect of all matters relating to the student visa process.

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.

RECENT HIGH COURT JUDGMENT UPHOLDS REFUSAL OF APPLICATION FOR NATURALISATION BY IRISH ASSOCIATIONS

The High Court has recently delivered a judgement in DD v the Minister for Justice [2025] IEHC 67 upholding the refusal of a decision to refuse an application for naturalisation.  

The case concerned an application for naturalisation made pursuant to Section 16 of the Irish Nationality and Citizenship Act 1956.

Section 15(1) of the 1956 Act provides for criteria to be met to be eligible for naturalisation as an Irish citizen.

Section 16 of the 1956 Act provides that the Minister may, in his absolute discretion, grant an application for naturalisation in certain circumstances, despite the Applicant not strictly meeting any or all of the criteria set out in Section 15.

Section 16(1)(a) of the Act states that an application may be approved where the applicant is of Irish descent or Irish associations.

Section 16(2) of the Act states that a person is of Irish associations in the following cases:

  • he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or
  • he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.”

However, the fact that the Act provides for the use of discretion should not be taken that it is policy to do so on the sole basis of Irish descent or Irish associations. It is entirely at the Minister’s discretion and this discretion is used very rarely and only under exceptional circumstances.

This case involved a national of Brazil who first came to Ireland in 2006. She resided in Ireland from 2006 as the dependent of her father who held a work permit in Ireland. Her father naturalised as an Irish citizen in 2012. The applicant’s uncles, aunt and two cousins were also all Irish citizens who resided in Ireland.

The applicant lived in Ireland continuously for 6 years. She then returned to Brazil in 2012 after completing her Leaving Certificate.

The applicant lived in Brazil from 2012 onwards and visited Ireland for a short period in 2017.

She entered Ireland again in October 2018 on a visitor permission and then made an application for an extension of her visitor permission in January of 2019. This was refused and she was asked to make arrangements to leave Ireland on or before the expiration of her visitor permission.

On 24th January 2019, the applicant made an application for naturalisation. This application was made on the basis that she did not meet the ‘reckonable residence’ requirements to have a year’s continuous residence in Ireland immediately prior to applying, with an additional four years of residence in the previous eight years. She therefore made the application under Section 16 of the Act, as a person of Irish associations, for the Minister to grant the application notwithstanding that she did not meet the ‘reckonable residence’ requirements.

The applicant then became pregnant and decided to return to Brazil before receiving a decision on her application. Her solicitors notified the Minister of her intention to return to Brazil and she was then issued with a proposal to deport her. She then returned voluntarily to Brazil in August of 2019.

By letter dated 15th March 2023, the application for naturalisation was refused. The decision letter stated that the application was refused due to a “lack of exceptional and compelling reasons for the applicant not being able to meet the residency condition.” Therefore, the Minister was “not persuaded to grant waiver of this condition under Section 16.”

The decision letter stated that it was accepted that the applicant had strong Irish associations, however this is not sufficient in and of itself to guarantee a waiver of the conditions for naturalisation.

The Applicant challenged this decision by way of Judicial Review proceedings in the High Court.

Mr Justice Heslin held that the Minister has an absolute discretion to grant naturalisation. As Section 16 of the Act refers specifically to the conditions of naturalisation laid out in Section 15 of the Act, Heslin J held that it was not unlawful for the Minister to consider which of the conditions for naturalisation were not complied with, and the reasons why.

It was also noted that the applicant could have applied for naturalisation as a minor once her father had naturalised and had not done so, and that no explanation was provided as to why she did not apply at that time.

Mr Justice Heslin noted that the Act provides that as a matter of policy, a section 16 applicant must have an exceptional and compelling case for a favourable decision. Mr Justice Heslin found that the applicant was asking the Minister to make an exception to grant naturalisation even though she did not meet the conditions set out in Section 15 of the Act regarding residency, and it was therefore rational for the Minister to expect exceptional reasons to be given for why these conditions were not satisfied.

As no exceptional reasons were provided, he held that it was rational that the application was refused. The applicant’s challenge was therefore dismissed.

The full judgement can be found here.

If you or a family member have any queries regarding Citizenship, please do not hesitate to contact us.

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.

TRANSFER OF ALL NATIONWIDE RENEWALS TO THE ISD ONLINE PORTAL

On October 14th, the Department of Justice announced that responsibility for all renewals of Irish immigration residence permissions will be transferred from the Garda National Immigration Bureau (GNIB) to the Registration Office of Immigration Service Delivery (ISD). This applies to persons residing in all counties, and it will come into effect on the 4th of November this year. However, the GNIB will still be undertaking responsibility for first registrations for applicants who reside outside of Cork, Dublin, Kildare, Meath, Limerick and Wicklow.

From 4th of November onwards, there will be no need for persons to present at the Burgh Quay Registration Office to make a residence permission renewal, except in limited circumstances where it is deemed necessary. All such renewals should be submitted through the ISD online renewals portal.

Applications for renewal made through this portal will be accepted up to 12 weeks prior to the expiry of the previous permission, to allow ample time for processing. This is also the case for applications to change stamp category. To view the progress of an online application, the applicant can visit the Immigration Services Website, where they will find live updates for online renewal applications in the processing stage.

Before permission can be renewed online, applicants must set up an ISD account here. Applicants will be required to upload digital copies of certain documents according to which immigration permission they looking to renew; a list of the required documents can be found here. If the applicant does not fall within the category of applicants who are exempt from the €300 registration fee, they must have their credit or debit card details ready in order to pay this. The list of applicants who are exempt from making this payment is as follows:

  • Applicants with refugee status;
  • Applicants with subsidiary protection status;
  • Applicants with leave to remain under Section 49 of the International Protection Act 2015;
  • Applicants aged between 16 and 18 years of age;
  • Applicants who are resident based on marriage to an Irish citizen;
  • Applicants who are the family member of an EU citizen;
  • Applicants who are Ukrainian citizens and certain foreign nationals resident in the State as a Beneficiary of Temporary Protection;

Once the online application has been processed, the applicant’s new IRP card will be posted directly to the address provided in the application.

Please see link for further information regarding the renewal process:

https://www.irishimmigration.ie/transfer-of-all-nationwide-renewals-to-the-isd-online-portal/

CLIENTS OF BERKELEY SOLICITORS GRANTED LEAVE TO APPEAL TO THE SUPREME COURT

Clients of Berkeley Solicitors have received a positive determination granting leave to appeal to the Supreme Court to challenge the Court of Appeal decision FSH and Others v Minister for Justice [2024] IECA 44.

The case concerns a Somali woman residing in Ireland by way of family reunification under S.18(4) of the Refugee Act 1996.

The applicant subsequently applied for her minor children to join her in the State pursuant to the Policy Document on Non-EEA Family Reunification, and in particular paragraph 1.12 which states as follows:

“While this document sets down guidelines for the processing of cases, it is intended that decision makers will retain the discretion to grant family reunification in cases that on the face of it do not appear to meet the requirements of the policy. This is to allow the system to deal with those rare cases that present an exceptional set of circumstances, normally humanitarian, that would suggest that the appropriate and proportionate decision should be positive.”

The visa applications were refused.

The applicant subsequently challenged the decision to refuse her application by way of Judicial Review proceedings in the High Court. The Court quashed the Minister’s decision to refuse the visa applications for the four minor applicants.

This judgement was subsequently appealed to the Court of Appeal, and the judgement of the High Court was overturned.

The applicant applied for leave to appeal to the Supreme Court for an order quashing the order of the Court of Appeal.

The Supreme Court found that the case does raise matters of general public importance and granted leave to appeal to the Supreme Court. The Supreme Court found as follows:

“The Court is of the opinion that the proposed appeal does raise matters of general public importance relating to the operation of the Minister’s policy on Non-EEA Family Reunification, and in particular, the precise nature of the exceptional circumstances test, how that test is to be applied and the standard of review to be applied when decisions made by the Minister pursuant to the policy are challenged by way of judicial review. These issues may arise in a number of other cases, and it is in the public interest to obtain further clarity, particularly given the conflicting approaches in the High Court and the Court below.”

We are grateful the appeal has been accepted and that a Supreme Court judgement will soon bring clarity to the exceptional circumstances test.

UPDATE ON UKRAINIAN NATIONALS TRAVELLING TO IRELAND

The Department of Justice recently announced that from 5th June 2024, temporary measures which allowed Ukrainian nationals to travel to Ireland without a valid biometric passport ceased to be in effect. In accordance with Section 4 of the Immigration Act 2004, all third country nationals, including Ukrainians, must possess a valid biometric passport.

Ireland temporarily suspended the requirement for a biometric passport for Ukrainian nationals in 2022 as part of a wide-ranging emergency response to the full-scale invasion of Ukraine by Russia. Under this suspension, Ukrainian nationals seeking to enter the State could rely upon alternative documentation as proof of their nationality including expired biometric passports or internal passports.

This temporary suspension supported a swift response to the crisis and ensured that those who could not access or renew their travel documents could still flee to safety. However, as the situation has evolved since the outbreak of the war, the Department of Justice is seeking to move to a more sustainable response.

This announcement does not impact the temporary protection status of Ukrainian nationals already in Ireland if they do not have a valid biometric passport. However, it is important for Ukrainian nationals to be aware of this requirement if making any plans to temporarily leave the country as they will require a valid biometric passport to re-enter Ireland.

The full announcement can be found here:

Important Information for Ukrainian nationals – Immigration Service Delivery (irishimmigration.ie)

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.

 

PROCESSING TIMES FOR FOREIGN BIRTH REGISTRATION

The Department of Foreign Affairs have stated on their website that the current estimated processing time for Foreign Birth Registration (FBR) application is over two years.

Otherwise known as Citizenship by descent, FBR applications are a complex process, requiring applicants to submit official documentation relating to three generations, which may have been issued by several jurisdictions.

The DFA’s guidance for FBR applications on their website states that there has been an increase in the number of these applications being submitted, and notably they have seen an increase in the number of incomplete applications.

The DFA’s guidance emphasises the importance of submitting the required, original documentation and paying the appropriate fee at the time of application to avoid any delays in the processing of your application.

At present the guidance states that after all the correct physical documents are received it takes over two years to process a Foreign Birth Registration application. The website further sates however that they have set up a new Foreign Birth Registration teams in an aim to manage the increased volume of applications and efficiency.

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

https://www.ireland.ie/en/dfa/citizenship/#Foreign%20Birth%20Registration

For further details on applying for Foreign Birth Registration, please visit the following link:

https://www.ireland.ie/en/dfa/citizenship/born-abroad/registering-a-foreign-birth/

Berkeley Solicitors are available to provide support and assistance to any Foreign Birth Registration 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.

MINISTER RICHMOND ANNOUNCES LARGEST EVER EXPANSION TO THE EMPLOYMENT PERMITS SYSTEM

On the 20th of December 2023, the Minister of State for Business, Employment and Retails announced significant changes to Ireland’s employment permits system. These changes include an increase in salary thresholds for permit holders and an additional 43 occupations becoming eligible for employment permits.

Minister Richmond stated that the changes have been introduced to reflect both inflation and economic growth in the State and the necessity and of the skills, experience and cultural diversity that Migrants bring to Irish society.

From 17th January 2024, the minimum salary for new General Employment Permits (GEP) will increase from €30,000 to €34,000. Employers seeking to hire GEP roles are advised should advertise this salary rate as Labour Market Needs Tests that do not reflect the appropriate salary will be rejected.

The new standard Critical Skills Employment Permit minimum salary requirement has also increased to from €34,000 to €38,000.

Health care assistants and home carers salary requirement will increase from €27,000 to €30,000 and the minimum salary for meat processors and horticultural workers will increase from €22,000 to €30,000. These changes bring all permit holders in line with the minimum salary requirement for family reunification as many workers in these roles will wish to avail of this.

Additionally, a number of occupations have now become eligible for employment permits as of 20th December 2023.

Occupations added to the Critical Skills Occupations List include:

  • Professional Forester
  • Resource modelling, earth observation and data analyst
  • Meteorologist
  • Operational Forecaster
  • Chemical Engineer
  • Project Engineer
  • BIM Manager
  • Optometrist (Ophthalmic Optician)
  • Commercial Manager
  • BIM Coordinator/Technician
  • Estimator

Occupations eligible for a General Employment Permit:

  • Residential Day and Domiciliary Case Managers – in Disability Services
  • Play Therapist – in Disability Services
  • Genetic Counsellor
  • Social Care Worker
  • Family Support Workers – in Disability Services
  • Project Offices, Disability
  • Support Worker (social, community, public and charity)
  • Guide Dog Mobility Instructor for the Visually Impaired
  • Autism Assistance Dog Instructor
  • Pig Managers
  • Smiths and forge workers
  • Moulders, core makers and die casters
  • Metal plate workers and riveters
  • Car mechanic, Motor mechanic, Auto electrician, Motor vehicle technician
  • HGV mechanic
  • Vehicle body builders and repairers/Body shop panel beaters
  • Electrician, electrical contractor, electrical engineer,
  • Vehicle paint technician
  • Skilled metal, electrical and electronic trades supervisors
  • Upholstery and furniture operatives
  • Butchers/(de)boner
  • Baker
  • Furniture makers and other craft woodworkers
  • Senior Care Workers – in Disability Services
  • Textile Process Operatives
  • Wood Machine Operatives
  • Saw Doctor/Wood Machine Mechanic
  • Armature Rewinder
  • Pig Farm Assistants
  • Speciality Forestry Harvesting Technician

 

Further occupations which had previously been made eligible for General Employment Permits have had their quotas extended as follows:

  • 1,000 GEPs for meat processing operatives
  • 350 GEPs for butcher/deboners
  • 350 GEPs for dairy farm assistants
  • 1,000 GEPs have been provided for horticultural workers to support the sector until the introduction of the Seasonal Employment Permit 

 

For further information, please see the below guidance note published by the Department of Enterprise:

https://enterprise.gov.ie/en/publications/publication-files/advisory-note-users-of-employment-permit-system.pdf

 

Please see also the below link for details of Minister Richmond’s announcement:

https://enterprise.gov.ie/en/news-and-events/department-news/2023/december/20122023.html

 

Berkeley Solicitors are available to provide support and assistance to any employment permit 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.

RECENT UPDATES TO DOCUMENTARY REQUIREMENTS FOR NATURALISATION APPLICATIONS

The Department of Justice have recently made a number of changes to the documentary requirements for naturalisation applications.

On 21st April 2023, a new notice was published on the Minister’s website confirming that all new applicants for naturalisation are only required to provide a certified colour copy of the biometric page of their current passport. The colour copy of the biometric page can be certified by a Solicitor, Commissioner for Oaths, Peace Commissioner or Notary Public.

This replaces the old system introduced in January 2022 which required applicants to provide a full certified copy of their current passport and any previous passports valid during the period of reckonable residency claimed.

The full notice is available here: https://www.irishimmigration.ie/further-guidance-on-new-passport-process-when-submitting-an-application-for-naturalisation/

The Department also introduced a new Citizenship Guidance Document on 24th May 2023, outlining a number of changes to the scorecard system for proofs of identity and residence.

The Document outlines a new two-part system in which applicants exhibit their residency in Ireland for the periods of reckonable residency claimed.

For each of these years, applicants must provide one Type A document, worth 100 points, and one Type B document, worth 50 points.

Applicants are required to attain 150 points for proofs of identity and proofs of residence.

However, if applicants are unable to meet the 150-point threshold for any of the years, applicants can prepare a ‘residential proof affidavit’ to address the shortfall.

The Citizenship Guidance Document can be accessed here: https://www.irishimmigration.ie/wp-content/uploads/2023/05/Citizenship-Guidance-Document.pdf

Berkeley Solicitors is highly specialised in citizenship applications. Please do contact us if you need advice or assistance in this regard.

CLIENTS OF BERKELEY SOLICITORS WIN THEIR CASE BEFORE THE HIGH COURT IN H AND ORS V MINISTER FOR JUSTICE 2022 No 553 JR

Berkeley Solicitors would like to congratulate our client who was successful in her proceedings today.
The applicant is a Somali woman who issued proceedings to challenge the decision of the Minister of Justice refusing long stay visas for her four minor children to join her in Ireland.

The case was brought by way of Judicial Review and was heard by Mr Justice Barr.

In issuing his judgment, Mr Justice Barr found that the key issue in this case was the exceptional humanitarian circumstances that were at play. Justice Barr found that ‘there was no evidence that the decision maker engaged in any real way’ with such factors. Justice Barr submitted throughout his judgment that the respondent failed to take into account ‘the very significant personal dilemma that faced by (the applicant) at the time’ as well as the state of deep political and social unrest faced by citizens in Somalia.

The case concerned a Somali woman who had fled to Ireland to join her sister by way of family reunification under S.18(4) of the Refugee Act 1996. The applicant subsequently applied for her minor children to join her in the State pursuant to the Policy Document on Non-EEA Family Reunification, however her application, and appeal on this decision were refused.

The respondent submitted there was insufficient evidence to corroborate a familial link between the mother and the minor applicants, stating that in entering Ireland:

‘she relinquished her role as the primary caregiver, with the knowledge that the Family Reunification appeal may be refused.’

Mr Justice Barr submitted that such a finding by the Minister was harsh, unfair and irrational.

The respondents further submitted that the applicant was not an eligible sponsor for the visa applications for her children as she had not resided for longer than one year in the State as required by paragraph 16.4 of the Policy Document.

Mr Justice Barr submitted that this case is of an exceptional humanitarian nature and therefore the policy can be departed from in such circumstances pursuant to paragraph 1.12 of the Policy Document:

‘While this document sets down guidelines for the processing of cases, it is intended that decision makers will retain the discretion to grant family reunification in cases that on the face of it do not appear to meet the requirements of the policy. This is to allow the system to deal with those rare cases that present an exceptional set of circumstances, normally humanitarian, that would suggest that the appropriate and proportionate decision should be positive’
The respondents further submitted that the test in finding whether the case in question was of an exceptional humanitarian nature was whether it could be demonstrated that ‘their circumstances are more severe to that of other Somali citizens’

The court found that the decision maker fell into error in making this finding. Mr Justice Barr stated that in order to circumvent the requirements of the policy document it is only necessary for them to establish that they constitute an exceptional set of circumstances. It was found that this ‘does not mean they have to prove their circumstances within the particular country in question are exceptional by the standards of that country.’

Mr Justice Barr also submitted that any submission made by the Minister in relation to errors in spelling on the applicant’s documents, occurring as a result of translations, were of probative value and were made irrationally and unfairly.

Mr Justice Barr further submitted that the financial requirements of the policy document were applied against the applicant without proper consideration of the exceptional humanitarian circumstances.

Mr Justice Barr stated this it was a key issue of the case that the Minister did not engage in a real way the with the exceptional humanitarian circumstances of the case.

The court summarized the findings as follows:

‘In summary, the court holds that to have applied the eligibility criteria and the
financial requirements of the policy in refusing the visa applications on behalf of the
minor applicants, while effectively ignoring the past circumstances of the first
applicant and her children, together with their present circumstances in Somalia, and
in not considering whether these constituted exceptional circumstances, which
warranted a departure from the strict requirements of the policy, rendered the decision
irrational and unfair. On this basis it has to be set aside.’

The court ultimately issued an order of certiorari quashing the Minister’s decision to refuse the visa applications for the four minor applicants.
The full judgement can be accessed via the following link:

https://www.courts.ie/acc/alfresco/231745d1-c37c-45e1-a633-248484d0ebf0/2023_IEHC_316.pdf/pdf#view=fitH

We wish to extend our congratulations to our clients for this ruling.

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.