Tag Archive for: visa applications

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.

 

RECENT REFUSALS OF EMPLOYMENT PERMIT VISAS

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

RECENT REFUSALS OF EMPLOYMENT PERMIT VISAS

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.

MINISTER FOR JUSTICE COMMENTS ON REGULARISATION OF STATUS FOR UNDOCUMENTED MIGRANTS IN IRELAND

On 26th June 2020, the new coalition government of Fianna Fáil, Fine Gael and the Green Party endorsed the Programme for Government, which contains a commitment to regularise the status of undocumented migrants in Ireland.

In response to a Parliamentary Question put to her on 14th July 2020, the Minister for Justice has announced that a policy paper on this matter is currently being drafted by officials in the Department of Justice.

The Minister stated:

“The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation.

A policy paper on the matter is being drafted by my officials at the present time. This will include an assessment of international best practices.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family’s status.”

At present there has been no final agreement on this scheme or how it would operate but the Government has committed to establishing such a scheme within the next 18-month period.

We at Berkeley Solicitors fully support the implementation of a scheme to regularise the status of undocumented migrants and will publish any future developments on this on our website.

If you or a family member have any queries about your immigration status, please do not hesitate contact our office.

Please be aware that no such scheme exists at present and no new application process is currently available.

VISA SERVICES HAVE RESUMED FROM 22ND JUNE 2020

The Immigration Service Delivery, who process visa applications have confirmed that some visa services have resumed from the 22nd June 2020.

During this “initial resumption phase”, the ISD will be accepting Long Stay “D” visa applications which includes Study. This is in addition to the categories considered under the Priority/Emergency cases which include:

  • Emergency visa (e.g. Healthcare professionals, health researchers, and elderly care professionals);
  • Immediate family members of Irish citizens (who are returning to their ordinary place of residence in Ireland);
  • Persons legally resident in the State;
  • Persons entitled to avail of the provision of the EU Free Movement Directive;

This includes short stay visa application for the family members of EU nationals. However, the ISD have not yet resumed the issuance of short stay visas for non-essential travel.

The notice clarifies that in countries where it is not possible to resume visa services due to the differing restrictions which remain in place, the ISD intend to resume accepting applications as soon as it is possible to so.

Advice is given to contact the relevant Irish Embassy/Mission website for up to date information. Many embassies and VFS Global Services remain closed. Our office continues to work closely with our clients on a case by case basis to ensure that the submission of their visa application is facilitated.

This is a very encouraging development and if you or a family member have any queries about applying for an Irish visa, we would encourage anyone with queries to contact our office and we would be more than happy to advise.

The notice can be read in full here.

 

RECENT SUPREME COURT CASE UPHOLDS MINISTER’S REFUSAL TO EXTEND WORKING HOLIDAY VISA

IMMIGRATION SERVICE DELIVERY ANNOUNCES POLICY CHANGE ON EXTENSION OF ENTRY VISAS DUE TO COVID-19

The Immigration Service Delivery has issued an updated set of frequently asked questions in relation to Covid-19 and its effects on immigration services in the State.

The document now states that individuals who were recently issued  D category entry visas (prior to 15th March 2020) and who were unable to travel to Ireland during the validity dates of their visa as a result of Covid-19 restrictions, may now apply to amend dates on the approved visa.

The previous position of the Immigration Service Delivery was that such individuals would have to submit new visa applications in the event that they could not travel to Ireland within the validity dates of their visa.

The relevant section states as follows:

“Q 5. What facility will be put in place if I am currently outside Ireland and was recently granted a C or D entry visa for Ireland but I am now unable to come to Ireland during the validity period of my entry visa due to travel restrictions? Can my entry visa be extended or will I have to submit a new visa application?

A. In the case of Long Stay visas issued prior to 15th March 2020 where an applicant was not in a position to travel to Ireland because of the COVID-19 situation, it may be possible to amend the dates on the approved visa. Once we resume accepting visa applications, you should contact the Irish Embassy or Consulate that issued the visa to you.

In the case of Employment/Volunteer/Minister of Religion/Study visas, you should be able to show the Embassy that the reason for your travel to Ireland still applies, before consideration could be given to amending the visa that was issued to you.

Anyone who was issued a Short Stay visa during the same period but was similarly unable to travel to Ireland because of the COVID-19 situation will need to make a new visa application when normal visa processing resumes. However, depending on the period of time that has passed and the circumstances of the particular case, if you decide to re-apply we will consider waiving the fee for the new application.”

Given the long processing times for new visa applications, we at Berkeley Solicitors welcome this development.

The full document can be read here.

If you have any queries about applying for an Irish visa, please do not hesitate to contact our office.

NO NEW VISA APPLICATIONS ACCEPTED BY INIS SINCE MARCH 2020

RTÉ News has reported that the Irish Naturalisation and Immigration Service has not accepted any new visa applications as of 20th March 2020 due to Covid-19.

A spokesperson from the Department of Justice was quoted as saying:

“While it will still be possible to apply for an Irish visa online in the normal manner, these temporary measures mean that applicants will not be able to complete their application process. However, any application made online will remain valid until such time as restrictions are lifted.”

VFS Global, which provides a wide range of visa-related services, has also closed many of its Visa Application Centres.

The VFS website states that Ireland has suspended visa services globally as of 23rd March 2020.

This is despite the fact that a limited category of “Priority/Emergency” visas are still being processed, as outlined in INIS notice issued on 21st March 2020. These include professionals, health researchers and elderly care professionals, immediate family members of Irish citizens who are returning to their ordinary place of residence in Ireland, persons legally resident in the State, and persons entitled to avail of the provisions of the EU Free Movement Directive.

In instances where the local Consulate or Embassy is unable to process visa applications falling within these categories due to local Covid-19 restrictions, the Department has arranged to accept visa applications in its Dublin Visa Office.

RTÉ News questioned whether the decision to cease accepting new visa applications since March 2020 was allowing any backlog of applications to be cleared, and asked the Department of Justice to clarify what the situation is today.

The Department responded:

“…it is not possible to state a total number of employment visa applications on hand at a specific point in time, be it December or now. This is because of the fact that visas are received and processed throughout our network of missions globally and not just at the office here in Dublin.”

The spokesperson for the Department also stated that the intention is to resume accepting visa applications as soon as it is safe to do so.

The article can be read in full here.

If you or a family member have any queries about applying for an Irish visa, please do not hesitate to contact our office.