Tag Archive for: The Department of Justice

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

The Department of Justice has recently issued updated information regarding registration requirements for minors. Those who are required to register for the first time must do so as early as possible when they reach 16 years of age.

Children aged 15 years and younger are not obligated to register a permission unless specifically directed by the Minister. It continues to be the case that there is no published policy on the legal status of children who are under the age of 16. A child may be obliged to register under the age of 16 if they have been granted a permission to remain by the Minster and have been issued a permission letter which provides details in respect of registration or if they are residing in Ireland based on EU Treaty Rights.

The Department has now published a policy on the registration requirements for children who are 16 or older and their entitlements to Stamp 2A, 3, or 4 permissions upon registration. This is welcome as the Department policy in this regard has been unclear for many years.

The policy is set out as follows for children who have turned 16 years of age, upon registration:

  • Irish-born children with eligibility for citizenship who have not been naturalised will be issued a Stamp 4 permission.
  • Foreign-born children with eligibility for citizenship who have resided in the State for 5 years or greater and have not been naturalised will be issued a Stamp 4 permission.
  • Foreign born children of entrepreneurs with a permission under the Start-up Entrepreneur Programme or children of investors with a permission under the Immigrant Investor Programme will be issued a Stamp 4 permission.
  • Foreign born children of PhD student permission holders or those on ISD-approved scholarship programmes are obliged to register and will be issued a Stamp 2A permission.
  • All other foreign-born children who have resided in the State for less than 5 years are obliged to register and will generally be issued a Stamp 3 permission.

Please note that all children aged under 18 years of age who are required to register are exempt from paying a registration fee for all stamp categories.

For more information on this new policy, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/registration-requirements-for-minors/#first-time-16

If you have any queries relating to registration requirements or eligibility for naturalisation for minors, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

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.

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.

 

 

 

 

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

UPDATES TO THE APPPLICATION PROCESS FOR IRISH TRAVEL DOCUMENTS

The Department of Justice have recently updated the application process for Irish Travel Documents. To make the process more seamless, applications for Irish travel documents have been moved online. Applicants can access the form through the ISD portal.

They advise that applicants use the online application process, this allows the form, copy documents and fee of €55 to be submitted online.

However, applicants are still required to post an original Identity Verification Form (signed in the presence of a guard), passport photographs and Passport/ Travel Document (if applicable) to the Travel Document Section to the Travel Document Section in Dublin.

Please see below guidance note as it elaborates on what documents need to be submitted for each category of application:

https://www.irishimmigration.ie/wp-content/uploads/2023/01/travel/Travel-Document-Applications-Documents-Reference-Guide.pdf

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

https://www.irishimmigration.ie/wp-content/uploads/2023/01/travel/Travel-Document-Applications-Documents-Reference-Guide.pdf

For further details on Irish travel documents please visit the following link:

https://www.irishimmigration.ie/coming-to-join-family-in-ireland/applying-for-a-travel-document/

Berkeley Solicitors are available to provide support and assistance to people looking to apply for an Irish Travel Document.

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 posted regularly.