Tag Archive for: visa applications

RECENT COURT OF APPEAL JUDGEMENT RELATING TO REFUSAL OF NATURALISATION APPLICATION FOLLOWING ROAD TRAFFIC OFFENCES

On the 7th of January 2025, the Court of Appeal issued a judgment in the proceedings M and the Minister for Justice refusing to overturn the High Court’s judgement that the Minister’s decision not to grant a naturalisation certificate was lawful.

The facts of the case concerned a South African national, who had been resident in the State since 2001. She had applied for naturalisation in August of 2017, and was issued with a decision on the 28th of October 2022. Her application was refused largely on good character grounds, as she had incurred a number of driving offences in the State over the years. This applicant also had two previous refused naturalisation applications.

The Appellant had been convicted of numerous traffic offences, in 2007, 2012 and 2021. She argued that the initial traffic offences were no longer relevant, and that it was inappropriate to take into account offences that occurred so long ago when assessing her good character for the purposes of naturalisation.

However, referring to case law on the definition of good character, Ms Justice Hyland of the Court of Appeal held that there was no reason “old” traffic offences could not be considered. She noted that it is mandatory to disclose spent convictions when applying for citizenship. It was noted by the trial judge that the appellant’s general disregard for the Road Traffic Acts informed the Minister’s decision, and that this was appropriate. Ms Justice Hyland agreed with this assessment.

Furthermore, it was held that the 2021 conviction must be considered recent; the Minister was entitled to consider all three of the convictions, placing the most weight on the most recent offence.

It was held that the Minister comprehensively assessed the Appellant’s character in coming to her decision. The decision recited the history of the appellant’s naturalisation applications and long-term residency applications, accurately set out details of the appellant’s convictions and penalties, and summarised the explanation given by appellant for same. The decision also referred to her employment since 2001. The judge was satisfied that everything had been considered as a whole, and that ultimately the appellant’s disregard for road traffic laws (in particular, her careless driving) meant that she was deemed not to be of good character for the purposes of naturalisation.

This judgement highlights the significance of minor road traffic offences in the assessment of good character for the purposes of naturalization applications.

To read this judgment in full, please see the below link:

https://www.courts.ie/view/Judgments/a7508764-2b51-4f89-9cc3-43891710d72d/74f0aa0e-16e1-42dd-813b-d7ed17c5af59/2025_IECA_1.pdf/pdf

Berkeley Solicitors is available to provide advice and support for anyone commencing the naturalization application 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.

Lengthy delays in the processing of Join Family visas  

As of the 29th of April 2025, the Immigration Service Delivery have updated their visa decisions page outlining which visa applications and visa appeals are currently being processed by the Dublin visa office.

A notable change is that the dates of join family visa applications currently being processed has been updated. The most recent decision made on a join family visa application, where the sponsor is in category B, was issued for an application received by the Visa Office on the 22nd of November 2023. Appeals of the same category received on the 7th of December 2022 are also now being issued with decisions.

For join family visa applications where the sponsor is in Category A, or an Irish citizen, the Department has most recently issued decisions on applications received on the 7th of August 2023. Regarding appeals of applications falling into the same category, those received on the 2nd of February 2023 have been issued with decisions.

It is unusual that applications from Category B sponsors are being processed more expeditiously than those from Category A sponsors.

The ISD business targets for the processing of Join family visa applications for sponsors in Category A is 6 months and for Category B is 12 months. These business targets are not being met and the delay in the processing of join family visas has become a notable and stressful concern for clients.

Furthermore, it is concerning that the page had previously stated that applications received on 23rd July 2023 were being processed. This processing time was in place for over six months. This would indicate a complete stalling of the processing of applications, or that extremely few applications, if any, were processed in this time frame.

This delay in processing of visas for families is a source of concern. It is resulting in long term separation of families, including children and is a source of huge stress to our clients.

For more information on the processing times for visa applications being assessed in Dublin, please see the link below:

https://www.irishimmigration.ie/visa-decisions/

Berkeley Solicitors is available to provide advice and support for anyone commencing the Visa application process.

If you have any queriers relating to the processing time for visa applications please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisor.

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.

 

 

 

 

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

On the 4th of March 2024, the Minister for Justice Helen McEntee announced that, effective from 7th March 2024, nationals of Dominica, Honduras and Vanuatu will now be required to obtain a visa before travelling to Ireland.

A transit visa will also be required for nationals of these countries if they are travelling through Ireland on the way to another destination.

The Minister stated that this decision was made to bring Ireland into closer alignment with the visa regime in the UK and Schengen area.

Transitional arrangements will be put in place for nationals of the affected countries who have existing arrangements to travel to the State in the weeks after the new visa requirements come into effect. For affected people who have made plans to travel to Ireland, and can show evidence of booking and paying for that travel, ISD will try to accommodate emergency travel for customers, in the following circumstances:

‘1. A critical medical case involving a family member being seriously ill or undergoing medical treatment.

  1. Visiting a significant family event – a birth, wedding or funeral.
  2. Taking up a place obtained in a third-level institution on an undergraduate or post graduate degree course.
  3. Taking up employment and holding an Employment Permit for Ireland.
  4. Travelling for business.’

Those attempting to be accommodated for emergency travel in any of the above circumstances must provide suitable evidence of same to ISD.

ISD has announced that if a person believes they fall into any of the above categories, and your scheduled arrival is on or before 7th April 2024, to email [email protected] with the subject line “Visa Imposition – Emergency Travel Required.”

This comes after the announcements that Convention Travel Document holders would now be visa required in July 2022, and that Bolivian nationals would be visa required in September 2023.

Ms McEntee also announced that the visa requirement for diplomatic passport holders of Indonesia, Qatar, Kuwait, Montenegro, Kuwait, Türkiye, Colombia, Peru and Georgia has now been lifted.

The requirement for a visa has also been listed for those accompanying a Minister of the Government of the above referenced countries on an official visit to the State, provided the person has an official passport, service passport or public affairs passport. The same policy applies for Irish diplomats travelling to these countries.

The Minister for Justice announced that this move would enhance the close ties in the political, economic and cultural spheres and continue to develop a close relationship with those countries.

The Minister for Justice stated that the Irish visa requirements are kept under constant review, having regard to 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 full notice can be found here.

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.

NEW ENTRY AND TRANSIT VISA REQUIREMENTS FOR CERTAIN AFRICAN COUNTRIES AMENDED

We refer to our previous blog on 30th November 2021:

https://berkeleysolicitors.ie/new-entry-and-transit-visa-requirements-for-certain-african-countries-announced/

The Minister for Justice has amended the  entry visa and transit visa requirements for nationals of South Africa, Botswana, Eswatini, Lesotho  and Namibia.

The priority categories for which visa applications will be accepted and processed  has been amended and severely reduced to the following:

  • has obtained or is entitled to apply for a right of residence under EU Free Movement;
  • has a valid Residence Permission in the State under the immigration Acts (including persons covered by the interim arrangements that apply from 15 November 2021 to 15 January 2021
  • is a family member of an Irish citizen
  • has not been in one of the following countries (South Africa, Namibia, Botswana, Lesotho, Eswatini, Mozambique, and Zimbabwe) in the previous 14 days prior to the date of travel to the State;
  • is a diplomat and to whom the privileges and immunities conferred by an international agreement or arrangement or customary international law apply in the State, pursuant to the Diplomatic Relations and Immunities Acts 1967 to 2006 or any other enactment or the Constitution.

This is severely reduced from the previous notice, which included employment permit holders and all join family visa applications.

Affected persons  should also take note of the Minister’s note of caution that further changes may take place at short notice.

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

 

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.

 

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

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

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NEW VISA AND PRECLEARANCE APPLICATION SUSPENSIONS EXTENDED

On 29th January 2021, a notice was posted on the Department of Justice website confirming that new measures had been imposed from the 29th January 2021, including the cessation of accepting new visa or preclearance applications from all countries.

On 4th March the Department of Justice website update the notice and has confirmed that these measures have now been extended to at least the 5th April 2021. It is understood that the situation will continue to be reviewed. We understand this is very upsetting news for many of our clients.

The Department are continuing to process applications submitted before the 29th January 2021.

However, the notice further states that:

“For applications which were received prior to January 29th, these will continue to be processed. However, for successful applications, unless your application meets the Emergency/Priority criteria set out above, a visa or preclearance approval letter will not issue until such time as these restrictions have been lifted. You will be notified if your application is successful. Refusal letters for unsuccessful applications on hand will continue to be issued.

We continue to accept and process appeals. However, for successful appeals, unless your appeal meets the Emergency/Priority criteria set out above, a visa or preclearance approval letter will not issue until such time as these restrictions have been lifted (we will notify you that your appeal was successful). Refusal letters for unsuccessful appeals will continue to be issued.”

Therefore, should your visa or preclearance application be approved during this period, the visa or preclearance approval letter will not be issued until restrictions have been lifted.

Priority or Emergency cases will continue to be processed online during this extension in the normal manner and the categories of applications considered to be priority or emergency has remained the same.

The full list of applications currently falling in the above category can be found here.

The notice is available to read in full here.

If this notice affects you or your family please get in contact with us to discuss your case.

NEW IMMIGRATION SCHEME FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS FOLLOWING END OF BREXIT TRANSITIONAL PERIOD

On 23rd December 2020 the ISD published the Minister’s new scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State from 1st January 2021 onwards.

The rights of British citizens to reside in Ireland remains unchanged. The rights of family reunification with Non-EEA family members has now changed dramatically.

British citizens who exercised their rights of free movement to Ireland prior to 31.12.20 will continue to hold rights to family reunion equivalent to those provided for by Directive 2004/28/EC and the European Communities (Free Movement of Persons) Regulations 2015.

British citizens who have moved to reside and work in Ireland and who wish to be joined by their Non-EEA family members from 1st January 2021 onwards will have their family members applications considered and assessed under this newly published scheme.

A key point to note is that all applications are to be made from outside of the State regardless of an applicant’s nationality. This is a fundamental difference to applications from family members of Irish and other Non-EEA family members- applicants from “visa required” countries apply for visas whilst remaining outside the State, applicants from “non visa required” countries can travel to the State and make their application for entry at the airport. For non-EEA family members of British citizens, a visa application must be made for visa required nationals and a preclearance application is to be made for non-visa required applicants.

The policy specifically confirms that an applicant currently in the State on visitor permission cannot apply from inside the State for a change to a long-term permission.

Where a non-EEA national holds a separate immigration permission within the State for the purpose of study, work, etc., and subsequently becomes the spouse/civil partner/ de facto partner of a British citizen, a change of status request may be made.

The INIS Policy on Non-EEA Family reunification, last updated in December 2016 continues to apply to the non-EEA family members of Irish citizens and legally resident Non-EEA nationals.

This new policy specifically relates to non-EEA family members of British citizens.

There are no minimum Irish residency requirements for UK citizens seeking to sponsor a specified non-EEA national family member.

Financial thresholds:

For all categories of applications:

In order to sponsor a specified non-EEA national family member, a UK citizen must not have been totally or predominantly reliant on social protection benefits in the State or to equivalent benefits in another State for a continuous period of at least 2 years prior to the application.

Applications involving spouses/ partners only:

The WFP does not apply in the case of a married couple, civil partner / de facto partnership where there are no children and consequently a minimum level of assessable income for couples without children is €20,000 per annum, over and above any entitlement to State benefits.

Applications involving minor children/ dependent children up to the age of 22 of British citizen or partner/spouse of British citizen:

In addition, the sponsor must have earned a gross income in each of the 3 previous years in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for Working Family Payment (WFP).

4.6 A sponsor who wishes to reside with their dependent children in the State requires the net assessable income per week for their family size as set out by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment, as published on that Department’s website. The sponsor should comply with those limits including with respect to any changes to the WFP as published at (http://www.welfare.ie/en/Pages/Working-Family-Payment-Op.aspx.)

Applications for dependent parents (aged 66 and over)

A sponsor will be required to have earned in each of the 3 years preceding the application, an income after tax and deductions of not less that €60,000 per annum in the case of one parent. €75,000 per annum applies where two parents are involved.

The expectation is that this minimum level of income will be maintained for the duration of any permission granted under this Scheme. Where such income levels are not maintained, permission may not be renewed under the Scheme. At the date of application, the sponsor is also required to show that he/she is capable of earning a sufficient level of income to support his/her dependent family members for the duration of their proposed residence in the State.

Eligible applicants

British citizens moving to Ireland from 1.1.21 onwards no longer have the legal entitlement to apply for entry and residence for their wider dependent Non-EEA family members and members of their households. Eligible family members are specifically listed under the Scheme and the immigration stamp to be granted to the applicant if successful are also outlined:

  • Spouse, (Stamp 4D)
  • civil partner, (Stamp 4D)
  • de factor partner (2 years cohabitation required), (Stamp 4D)
  • minor children, (Stamp 3 up to age of 18, Stamp 4D at age of 18 “upon application”).
  • children between the ages of 18 and 22 in certain circumstances of dependency (also applies to the children of the spouse/ civil partner and de facto partner of British citizen) (Stamp 4D)
  • elderly dependent parents of British citizen or spouse/partner of British citizen (must be 66 years of age of older), (Stamp 0).

The policy is silent on the conditions of Stamp 4D permission and the INIS webpage has not yet been updated to outline the conditions of Stamp 4D permission and any material differences between Stamp 4D and Stamp 4.

Other additional requirements:

There are also additional requirements, not required under the 2016 INIS family reunification policy document, namely the requirement for the applicants to have health insurance in place to commence from the date of entry to the State and the requirement to provide a police clearance certificate for any country resided in for in excess of 6 months over the previous 5 years.

Fees are payable in respect of applications under this scheme, €60 per visa/ pre clearance application and the registration fees of €300 will be applied to successful applicants.

Full details on the scheme can be found via the below:

http://www.inis.gov.ie/en/INIS/policy-document-brexit-scheme-non-eea-family-british-citizens-seeking-immigration-permission.pdf/Files/policy-document-brexit-scheme-non-eea-family-british-citizens-seeking-immigration-permission.pdf

http://www.inis.gov.ie/en/INIS/Pages/joining-your-uk-national-family-member-in-ireland

Please get in contact if you or your family are impacted by this new scheme.

DEPARTMENT OF JUSTICE ANNOUNCES FURTHER RESUMPTION OF VISA SERVICES

On 25th September 2020, the Department of Justice published an announcement on its website confirming that it has recommenced issuing decisions for certain visa categories.

Due to Covid-19, the Department had been issuing decisions in respect of the Emergency/Priority categories of visas only.

The announcement states as follows:

“We can now confirm that we have also recommenced issuing decisions on certain long-stay visas which include categories such as Third level study at primary degree and postgraduate level, Employment and Join Family.

You should note that while we continue to accept applications for English Languages studies, decisions on applications from new students will remain on hold pending further consideration by the relevant authorities.”

It remains the position that we are not accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria.”

The Department further announced that it has expanded the list of exemptions which fall under Emergency/Priority to include those specific categories of travellers, identified as having an essential function or need in the EU Council Recommendation (EU) 2020/912 of 30 June 2020.

The full notice can be read here.