Tag Archive for: South Africans in Ireland

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

ONGOING DELAYS IN VISA PROCESSING FOR JOIN FAMILY VISA APPLICATIONS

There are very substantial delays in the processing of visas and preclearance for family members of Irish, UK and Non-EEA nationals in the State.

This is causing undue hardship and is causing long term separation of families, often including minor children being separated from their parents.

The Minister for Justice’s own business target is to process visa applications for immediate family members of Category A sponsors, including Irish citizens and Critical Skills Employment Permit holders within 6 months and for other sponsors within 12 months.

For visas processed in the Dublin visa office at present these targets are not being met and processing times are well in excess of these business targets.

The Department of Justice has a specific policy on their visa decisions page which states that in very narrow circumstances a request for expedited visa processing may be facilitated, such as where a family member has been hospitalised, there is a life-threatening medical emergency, or in the circumstances of bereavement of an immediate family member.

We say substantial efforts should be made by the Minister to ensure that the business targets of 6 – 12 months are being met and to reduce the backlogs in the processing of join family visa applications in the Dublin visa office.

The Department of Justice has established a Visa Desk in South Africa to manage visa applications from residents of South Africa. The desk does not process preclearance applications or applications submitted pursuant to Directive 2004/.38/EC and the European Communities (Free Movement of Persons) Regulations 2015- those applications are transferred to Dublin visa office for processing.

Processing times in the South Africa Visa Desk are stated to be approximately 6 months for immediate family members of Irish Citizens or Critical Skills Employment Permit holders and 12 months for category B sponsors, such as a General Employment Permit holders of other Stamp 4 or Stamp 1 holders.

The South Africa visa desk outlines that expedited processing will only be considered in the case of serious travel emergencies.

For applications processed by the South Africa Visa Desk the published guidelines in respect of submitting a visa appeal is to submit the appeal via a VAC or VFS Centre. This differs from visas not processed by the South Africa Visa Desk, where the standard procedure is to submit the appeal directly to the visa office or Embassy that issued the decision, with the address to submit the appeal being stated on the visa decision letter itself.

Berkeley Solicitors is highly experienced in making join family visa applications and appeals, please feel free to contact our office if you wish to make such an application or you and your family are experiencing a delay in the processing of your visa application.

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.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NEW VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

The Department of Justice has announced that nationals of Botswana and South Africa will be required to obtain a visa before travelling to Ireland, effective from Wednesday 10th July 2024. Previously, people travelling from either of these countries to Ireland have not required visas to enter the State.

According to the Department, this decision will bring Ireland into closer alignment with the Schengen area in respect of both of these countries, and in line with the UK in respect of South Africa.

The Dublin Visa Office will establish a dedicated ‘South Africa desk’ to process applications from South African nationals. Additionally, the Department of Foreign Affairs will establish three Visa Application Centres, located throughout South Africa, with visa service provider Global VFS.

Transitional arrangements have been put in place for nationals of Botswana and South Africa who have existing arrangements to travel to the State. South African and Botswanan passport holders who have booked to travel to Ireland before 10th July 2024 and will travel before 10th August 2024 may travel to Ireland provided they are in possession of the following documentation:

  • A valid passport; and
  • Documentary proof from their carrier (and not a Travel Agent) showing the date of purchase of their ticket(s), their name as the passenger, the flight(s) number and date of travel.

This documentation will need to be produced where requested to do so by a carrier or an Immigration Officer.

Any person who has booked to travel to Ireland before 10th July 2024 and is travelling after 9th August 2024 cannot avail of the transitional arrangements. Additionally, any person who books to travel to Ireland after 10th July 2024 cannot avail of the transitional arrangements and will need to have obtained an Irish visa in advance of travel.

The Minister noted that the new requirements for nationals of Botswana and South Africa “are kept under ongoing review, having regard for the need to ensure that effective immigration controls are in place whilst also facilitating those who wish to travel to Ireland for the purposes of a visit, to work, to study, or to join family members”.

The announcement can be found here:

Visa Requirement for nationals of Botswana and South Africa – Immigration Service Delivery (irishimmigration.ie)

Berkeley Solicitors have extensive experience in representing clients through the Irish visa application process. Please contact our office if you would like to arrange a consultation with one of our solicitors.

 

 

 

 

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NEW ENTRY AND TRANSIT VISA REQUIREMENTS FOR CERTAIN AFRICAN COUNTRIES ANNOUNCED

On 26th November 2021, the Minister for Justice announced that new entry visa and transit visa requirements were introduced in line with public health advice regarding new Covid-19 variants.

Passport holders from countries effected are now required to apply for visas in advance of travelling to Ireland. The countries affected by these visa requirements are:

  • South Africa (entry visa and transit visa required)
  • Botswana (entry visa and transit visa required)
  • Eswatini (entry visa and transit visa required)
  • Lesotho (entry visa and transit visa required)
  • Namibia (transit visa required – this country is already subject to an entry visa requirement and this requirement remains in place)

It is unclear how long these new visa requirements will be imposed for.

The note confirms visas will only be accepted and processed for a limited set of priority and emergency cases, as set out in the following list:

  • All long stay Employment applications, supported by a work permit or Atypical permission
  • Patients travelling for imperative medical reasons
  • Transport workers or transport service providers, including drivers of freight vehicles carrying goods for use in the territory as well as those merely transiting
  • Pupils, students and trainees who travel abroad on a daily basis and Third-country nationals travelling for the purpose of 3rd level study
  • Join Family visa applications
  • Preclearance applications from De Facto Partner of an Irish National, De Facto Partner of a Critical Skills Employment Permit Holder, or of a non EEA Researcher on a Hosting Agreement and Family members looking to join a UK National in Ireland
  • Persons travelling for imperative family* or business reasons
  • Persons entitled to avail of the provision of the EU Free Movement Directive
  • 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 notice clarifies that “*Applicants seeking to travel for imperative family reasons are assessed on an individual basis and are largely confined to emergency cases that may arise in a family situation”.

The notice and list of emergency/priority criteria can be found in full here

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