Tag Archive for: Irish immigration

RECENT HIGH COURT JUDGMENT UPHOLDS DECISION TO REFUSE IRISH PASSPORT TO CHILD OF SUBSIDIARY PROTECTION HOLDER

MINISTER HELEN MCENTEE ANSWERS PARLIAMENTARY QUESTION REGARDING PROCESSING TIMES FOR NATURALISATION APPLICATIONS IN THE STATE

Minister Helen McEntee recently answered a parliamentary question in relation to the processing times for naturalization applications in the State.

Deputy Bernard J Durkan asked the Minister to confirm the number of naturalization applications that had been received by the Department of Justice during the period of 1st January 2022 to 31st March 2022, how many of those had been granted, and the expected processing time for those that had yet to be determined.

The Minister acknowledged the importance that naturalization applications hold for applicants, and highlighted that the Department of Justice continued to accept applications throughout the Covid-19 pandemic.

Minister McEntee confirmed that 3,706 naturalization applications were received by the Department of Justice between 1st January 2022 and the 31st March 2022, three of which have been approved. She continued to clarify that a further 24 applications from this cohort are “in the final stage of processing”.

Interestingly, Minister McEntee confirmed that the average processing time for naturalization applications is currently 19 months and highlighted that this had been reduced from a previously stated processing time of 23 months. While the reduction of the processing time is a welcome update, it remains far above the pre-pandemic average processing time of 12 months.

Minister McEntee portrayed an awareness of the need for a further reduction in the length of time people are currently being made to wait to have their citizenship applications determined. She highlighted that the Department of Justice is introducing new measures to try and speed up the process, including the assignment of new staff and a number of digitization measures. It remains to be seen if these measures will indeed aide the continued reduction of processing times of naturalization applications in the State.

If you or your family require advice on your eligibility for naturalisation or in respect of your ongoing naturalisation application, please do not hesitate to contact our office.

The full parliamentary question and answer can be read here.

RMINISTER FOR JUSTICE ANNOUNCES NEW VISA REQUIREMENTS FOR NATIONALS OF DOMINICA, HONDURAS AND VANUATU, AND VISA WAIVERS FOR CERTAIN DIPLOMATIC PASSPORT HOLDERS

EXTENSION OF 5-YEAR MULTI-ENTRY SHORT-STAY VISA OPTION TO ALL VISA REQUIRED COUNTRIES

On April 22nd 2022, the Minister for Justice, Helen McEntee TD, announced the extension of the 5-year, multi entry, short-stay visa option to all visa required countries. A multi entry visa permits the visa holder to travel to Ireland on a number of occasions during the dates shown on the visa.

Prior to this, Ireland had offered 1 year, 2 year and 3-year multi entry visas. The option of a 5-year multi-entry visa was only available to Chinese passport holders; a measure which was introduced on the 1st of July 2019.

In her announcement of the change, Minister McEntee stated:

“The availability of 5-year multi entry short stay visas to eligible applicants from all visa required countries is a very positive measure. It will enable people who visit Ireland regularly, for business or family reasons in particular, to make one application, which when granted, will then cover travel over a five-year period.

This will make travelling to Ireland a more convenient and attractive option at a time when travelling worldwide is resuming and our tourism industry, in particular, is reopening following the impact of the COVID-19 pandemic.”

Previously, multi entry visas were only issued to applicants who have shown a compliant Irish travel history in the recent past. In line with the changes announced by Minister McEntee, people who have travelled frequently to the United Kingdom, the Schengen Zone, USA, Canada, Australia, or New Zealand, and have observed the conditions of such visas, will now be able to apply for the option of a multi-year visa for 1-5 years, even if they have no previous travel history to Ireland.

For a person with no Irish travel history, a multi entry visa may be approved where the person:

  1. Needs to travel regularly to Ireland on short visits for business meetings
  2. While in Ireland on business, needs to travel to another country and return to Ireland for further meetings or onward travel, or
  3. Is travelling to and from another country via Ireland.

The option of a standard, single-entry visa also remains available.

The current visa fees are as follows:

Single entry short Stay ‘C’ visa: €60

Multiple entry short stay ‘C’ visa: €100

The granting of a multi-entry visa, as with all visa applications, is ultimately at the discretion of the relevant Visa Officer.

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

MINISTER FOR JUSTICE ANNOUNCES ARRANGEMENTS FOR THE RENEWAL AND REGISTRATION OF IMMIGRATION PERMISSIONS

On the 27th May 2022, the Minister of Justice announced new arrangements for the renewal and registration of immigration permissions. Throughout the Covid-19 pandemic, the Minister for Justice automatically extended immigration permissions of those who held a valid permission to reside in the State that expired in or after March 2020. The Minister of Justice made announcements on nine different occasions, each time stating that permissions would be automatically renewed to a certain date. The most recent extension announced by the Minister extended immigrations permissions to the 31st May 2022.

For the first time since March 2020, the Minister for Justice has announced that immigration permissions that expired between March 2020 and May 2022 will no longer be automatically renewed. The Minister announced that the exemption from renewing is to end from the 31st May 2022.

The extension of immigration permissions was a response by the Department of Justice to the ever-changing and uncertain health and travel restrictions that were in place during the Covid-19 pandemic.

In making the announcement, the Minister for Justice commented;

Now that those circumstances are returning to normal, it is important that we also return to a more normal way of doing business. This includes in relation to first-time registrations and renewals, and processes and procedures have been in place to allow customers to do so for some time now.

You can apply to renew your immigration permission online at https://inisonline.jahs.ie/. Those applying with a new passport can now also upload the bio-page of their passport online.

Previously, it was a requirement that you had to wait until four weeks before your permission was due to expire to be able to renew. This has been amended, and you can now renew your permission up to 12 weeks in advance of your permission expiring.

Those based in Dublin can register their immigration permission for the first time by calling Freephone number 1800 741 741. Those located outside of Dublin are required to make an appointment to register their immigration permission through the Garda Station network.

The Minister of Justice announced important clarifications for employees whose immigration permission has expired and who are unable to obtain a valid IRP card before the 31st May 2022. The Minister has confirmed non-EEA nationals can legally continue work while their application for renewal is processing once they can provide their employer with documentary evidence of same.

In the announcement, the Minister also confirmed that students who intend to enroll in third level education, can apply for a short-term letter of permission based on proof of application or enrolment once they have completed three eight-month English language courses.

 

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.

ADVOCATE GENERAL’S OPINION FINDS IRELAND CANNOT REFUSE DISABILITY ALLOWANCE TO DEPENDENT RELATIVE OF EU WORKER

THE TEMPORARY PROTECTION DIRECTIVE

Council Directive 2001/55/EC of 20th July 2001, the ‘Temporary Protection Directive’, was established by the European Union as a response to the conflicts in the former Yugoslavia and Kosovo in the 1990s, that highlighted the need for a tool to assist with max influxes of displaced persons into EU member states.

On the 4th March 2022, the Council adopted unanimously the implementing decision to activate the Temporary Protection Directive for the first time since its establishment, for persons fleeing the conflict in Ukraine.

The Council Implementing Decision that activated the Directive highlights;

“The Union has shown and will continue to show its resolute support to Ukraine and its citizens, faced with an unprecedented act of aggression by the Russian Federation.”

The Directive is grounded in solidarity and promotes a balance of efforts between EU Member States. It is a legislative tool that enables Member States to offer persons legally resident in Ukraine who are fleeing the war, temporary protection upon arrival in an EU member state. Temporary protection will be initially provided for 12 months. Unless terminated, this period will be extended automatically by six monthly periods for a maximum of one year.

The Council Implementing Decision notes that those who are eligible for temporary protection under the Directive will “enjoy harmonised rights across the Union.” Persons holding temporary protection in Ireland will enjoy the rights afforded under Section 60 of the International Protection Act 2015;

(a) to seek and enter employment, to engage in any business, trade, or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care, and the same social welfare benefits as those to which Irish citizens are entitled, and

(c) to the same rights of travel in the State as those to which Irish citizens are entitled.

The below paragraphs outline who will be covered by the Directive;

  • Ukrainian nationals residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date;

 

  • Third-country nationals or stateless persons legally residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date and who are unable to return to their country or region of origin in safe and durable conditions because of the situation prevailing in that country. This could include persons enjoying refugee status or equivalent protection, or who were asylum seekers in Ukraine at the time of the events leading to the mass influx. Third-country nationals who were legally residing in Ukraine on a long-term basis at the time of the events leading to the mass influx should enjoy temporary protection regardless of whether they could return to their country or region of origin in safe and durable conditions; and

 

  • Family members of the above two categories of people, in so far as the family already existed in Ukraine at the time of the circumstances surrounding the mass influx, regardless of whether the family member could return to his or her country of origin in safe and durable conditions. In line with Council Directive 2001/55, a family member is considered as the spouse of the above two categories of people or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couple in a way comparable to married couples under its law relating to aliens; the minor unmarried children of the of the above two categories of people or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted; other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent of the above two categories of people.

 

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine.

If you or your family require advice on your eligibility for temporary protection or in respect of visa applications for family members in third countries, please do not hesitate to contact our office.

The Temporary Protection Directive can be found here.

The Council Implementing Decision that activated the Temporary Protection Directive can be found here.

INFORMATION FOR UKRAINIAN NATIONALS AND RESIDENTS OF UKRAINE TRAVELLING TO IRELAND

Since 25th February 2022 nationals of Ukraine do not need an entry visa to travel to and enter Ireland pursuant to S.I. No. 86/2022 – Immigration Act 2004 (Visas) (Amendment) Order 2022.

The EU Member states have now activated the application of Council Directive 2001/55/EC of 20 July 2001 by way of a Council implementing Decision. This means that the EU members states will now offer “temporary protection” to those fleeing the war in Ukraine.

Ireland along with the other EU member states will now offer and provide “temporary protection” to Ukrainian nationals and lawful residents of Ukraine. Temporary protection will be initially provided for 12 months, potentially renewable for a further 24 months.

It is estimated that upwards of 2,000 people have arrived in Ireland to date fleeing the war in Ukraine, with many more thousands expected to follow.

Following the adoption of Council Directive 2001/55/EC, those fleeing the war in Ukraine will not be required to submit  applications for asylum upon arrival in Ireland and will be offered temporary protection here.

Following a helpful briefing session with Government officials today, it is our understanding that the Irish Government are acting urgently to put in a place a system to provide temporary protection in the most humanitarian and urgent manner possible.

It is hoped that the process to obtain temporary protection will be an  extremely simple process and in  near future  it is hoped that this temporary permission will  in fact be provided at the airport or port of entry.

Temporary protection will be granted to persons arriving in Ireland from Ukraine and covers both Ukrainian nationals residing in Ukraine and also  nationals of other countries  or stateless persons residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin, as well as their family members.

The requirement of inability to return in safe and durable conditions to their country or region of origin shall not apply to third-country nationals or stateless persons who have been legally residing on a long-term basis in Ukraine.

Family members include spouses, partners, children and also other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent on their family.

Persons holding temporary protection will enjoy the rights afforded under Section 60 of the International Protection Act 2015- to seek and enter employment and to engage in business, to access education and training, to receive medical care and social welfare benefits and the same right of travel in the State as those to which Irish citizens are entitled.

We welcome the Irish Government’s commitment to welcoming those impacted by the war in Ukraine to seek protection and safety in Ireland. We hope that the adoption of  a “temporary protection”  system within the EU will provide a streamlined and  efficient system focused on  the urgent  needs of the millions of people  who have been displaced by the war in Ukraine.

VISA REQUIREMENTS BETWEEN UKRAINE AND IRELAND LIFTED WITH IMMEDIATE EFFECT

Up until today, nationals of Ukraine required entry visas to travel to and enter Ireland.

This involves submitting a detailed visa application to the Irish Embassy prior to travel. This process can often incur long delays and requires a huge array of original documentation.

On the 25th February 2022, Minister for Justice, Helen McEntee has announced that nationals of Ukraine are now non-visa required persons in the Irish immigration context and that this emergency measure will be implemented with immediate effect.

This means that nationals of Ukraine no longer require an entry visa in advance of travel to the State and can travel to the State and request entry at the border as a non-visa required national.

In the Minister’s press release it is stated that those who travel to Ireland from Ukraine without a visa during this time will be given 90 days to regularise their immigration permission in the State.

The appropriate immigration application to make upon arrival in Ireland will differ depending on the particular circumstances of the person arriving.

In a statement, Minister McEntee stated that she is “appalled by the Russian invasion of Ukraine, and the unjustified and unprovoked attack against a democratic sovereign state in Europe.” Minister McEntee confirmed that Ireland stands in solidarity with the Ukrainian people.

The full announcement can be read here.

We welcome the Minister’s action which may assist citizens of Ukraine to flee to safety and assist families in Ireland to be reunited with their Ukrainian family members on an urgent basis and avoid a delayed visa processing system.

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine and if you or your family require legal advice in respect of the matters raised in this blog please do not hesitate to get in touch.

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

NEW SCORECARD APPROACH INTRODUCED FOR CITIZENSHIP APPLICATIONS FROM JANUARY 2022

On the 31st December 2021, the Department of Justice announced that it would be introducing a scorecard approach for supporting documents that are required for citizenship applications, to prove required residency and establish identity.

The scorecard approach, which is applicable from the 1st of January 2022, is intended to clarify the information that applicants are intended to provide to establish their identity and required residency when applying for Irish citizenship.

Previously, applicants were required to provide a certain number of proofs of residency for each year of the period of residence claimed on their application form. Under the new approach, applicants will now need to reach a score of 150 points in each of the years proof of residency is required. A certain proof of residency will have a definite point value that has been predetermined by the Department.

Furthermore, an applicant will be need to provide sufficient documentation to accumulate 150 points to establish their identity. In the circumstances where an applicant is not able to meet the 150 points standard, the Department has indicated that the applicant will need to engage with the Citizenship Division to provide reasons as to why this is the case.

In the announcement, the Department highlighted the importance that proofs of identity and residence hold for a citizenship application, and confirmed that insufficient documentation can lead to an application being deemed ineligible.

An applicant is no longer required to submit their original passport with their citizenship application; however, the Minister reserves the right to request original passports from an applicant at any stage in the process.

The full announcement can be read here.

If you or a family member have queries about your naturalization application, please do not hesitate to contact our office.

AFGHAN ADMISSION PROGRAMME TO BEGIN ACCEPTING APPLICATIONS FROM 16TH DECEMBER 2021

On the 14th December 2021, Minister McEntee confirmed that the Afghan Admission Programme will open for applications this Thursday, 16 December 2021.

The scheme provides a pathway for Afghan nationals who were legally resident in Ireland before 1st September 2021 to apply for a visa for up to four family members who are in Afghanistan, or one of five neighbouring countries: Iran, Pakistan, Turkmenistan, Uzbekistan and Tajikistan. The Applicant will be responsible for providing their family members with accommodation in Ireland.

Applications will be accepted for an 8-week period, up to 10th February 2022, at which point no more applications will be accepted. There are reported to be 500 places available.

Although the scheme has undoubtedly been welcomed by many, some have voiced concern that the 500 places quoted to be available is too few, and that the Minister should be flexible with the criteria of only four family members per sponsor.

In a statement by the Department of Justice that confirmed that the scheme will open tomorrow, 16th December 2021, Minister McEntee stated;

 

In processing applications, we will be prioritising those who are especially vulnerable and whose freedom and safety is most at risk, like older people, children, single female parents, single women and girls and people with disabilities. We will also give priority to people whose previous employment exposes them to greater risk, for example UN and EU employees and people who worked for civil society organisations.

 

The application form and additional guidelines for completing an application will be available on the Department’s Irish immigration website (www.irishimmigration.ie) from today, 16th December 2021.

The full statement from the Department of Justice can be read here.

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

MINISTER FOR JUSTICE ANNOUNCES THE RESUMPTION OF PROCESSING OF FOREIGN BIRTH REGISTRATION

Due to the COVID-19 pandemic, the processing of Foreign Birth Registration (FBR) was temporarily put on hold. However, processing of Foreign Birth Registration recommenced on a phased basis on Monday, 15th November. Any applications that were sent to the FBR team while processing was closed have been kept on file, and the FBR team has assured that those applications will now be processed in strict date order. The Department of Foreign Affairs has noted that due to the complexity of the process itself, and the backlog of applications that has built up over the paused period, they predict an average of a two-year processing time for current applications.

Foreign Birth Registration allows for persons of Irish descent and children of Irish citizens born outside the State to become Irish citizens themselves.

Who is eligible to become an Irish citizen?

If you were born outside of Ireland, you can apply for Foreign Birth Registration if;

  • One of your grandparents was born in Ireland, or
  • One of your parents was an Irish citizen at the time of your birth, even though they were not born in Ireland

Depending on the specific situation, there are certain documents that need to be submitted with an application for FBR on behalf of the applicant and the Irish citizen family member. There is also an online form that needs to be completed. The fees for FBR are €278 for an adult (over the age of 18) and €153 for registration of those under the age of 18.

Once a person is registered on the Foreign Birth Registrar, they can apply for an Irish passport as an Irish citizen.

The full notice on the Department of Foreign Affairs website can be found here.

If you or a family member have queries about the Foreign Birth Registration process, please do not hesitate to contact our office.