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CURRENT DELAYS ON THE PROCESSING OF EU TREATY RIGHTS APPLICATIONS

 

Principal of Berkeley Solicitors, Karen Berkeley, was quoted in The Times on the 6th July 2020 highlighting her concerns regarding the current delays in the processing of EU Treaty Rights applications.

The article referred to the Minister’s recent response to a Parliamentary Question, in which the Minister confirmed as follows:

There is a significant number of review cases on hand arising from a sustained increase in applications since 2014. Currently, there are 2,283 cases awaiting processing at EU Treaty Rights review stage, of which 1,751 review applications (76%) have been awaiting a decision for over a year, with the oldest cases having been received in May 2017.

Ms Berkeley indicated her concern regarding these delays which have been creeping up over the last number of years. She stated that the courts have suggested that six months is a reasonable timeframe for the EUTR review applications, and once the timeframe goes beyond six months the Department may potentially be in reach of the EU law.

Ms Berkeley highlighted some clients of her office are waiting up to 18 months for a decision, a clear breach of the EU law. She also confirmed that Berkeley Solicitors are currently taking cases to court for some clients who are experiencing these delays.

The delays are a particular problem for the family members of British citizens currently waiting the outcome of their EU Treaty Rights review applications. After the 31st December 2020, their EU Treaty Rights will cease due to the end of the Brexit transition period. There is no clarity on what will happen to these pending applications

Read the full article here:

https://www.thetimes.co.uk/article/immigration-permits-under-eu-treaty-taking-over-a-year-hn29fv09b

Read the Minister’s response to the Parliamentary Question here:

http://www.justice.ie/en/JELR/Pages/PQ-30-06-2020-287

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.

DIFFERENT APPROACHES TO COVID-19 VISA APPLICATIONS IN IRELAND AND THE UK

The Covid-19 pandemic has resulted in a vast decrease in international travel, and many people with valid Irish visas are now unable to enter the State during the validity period of their visa.

The Irish Naturalisation and Immigration Service has stated that it will not re-issue visas for new dates at this time, and those individuals who cannot travel to Ireland during the validity period of their visa will need to reapply for an Irish visa at a later date.

This is in contrast to the approach of the UK Government which has published the following announcement:

“If your 30 day visa to travel to the UK for work, study or to join family has expired, or is about to expire, you can request a replacement visa with revised validity dates free of charge until the end of this year.

To make a request, contact the Coronavirus Immigration Help Centre…

You’ll be contacted when our VACs reopen to arrange for a replacement visa to be endorsed in your passport.

You will not be penalised for being unable collect your BRP while coronavirus measures are in place.

This process will be in place until the end of 2020.”

The announcement can be read in full here.

We at Berkeley Solicitors find the approach of the Irish Naturalisation and Immigration Service on this issue to be extremely disappointing and unfair to those individuals who have recently been granted visas for Ireland, many of whom may have been waiting many months to receive a decision on their visa application.

We call on the Irish Naturalisation and Immigration Service to revise their position on this matter and consider adopting a similar approach to that of the UK, allowing those affected to request replacement visas with new validity dates.

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

IMMIGRATION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

We are happy to see that INIS has issued a new notice on the 15th April 2020 confirming that EU Treaty Rights and Domestic applications can be submitted by email until the 20th May 2020 as a temporary measure.
The notice confirms as follows:
As part of combined efforts to adhere to the Government’s strategy to slow down the spread of the COVID-19 virus and to ensure customer safety, we have taken the decision, as a temporary measure between now and the 20th May 2020, to allow EU Treaty Rights and Domestic applications to be submitted by email together with scanned copies of supporting documentation. EU Treaty Rights will require the original application to be submitted by post in due course

The full notice can be read at the below link:
http://www.inis.gov.ie/
Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.
It is good news to see that any clients who wish to commence new immigration application can now do so electronically, without the requirement to submit original documents at this time.
Please contact our office with any queries regarding commencing new applications.

Berkeley Solicitors

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSION

NOTICE REGARDING AUTOMATIC EXTENSIONS OF RESIDENCE PERMISSIONS

The Department has published an important notice to all persons in the State with a current valid permission due to expire from 20/3/2020 to 20/5/2020, whether pursuant to domestic law or powers of the Minister, or Directive 2004/38/EC (Free Movement Directive). The notice confirms that the residence permissions will be automatically renewed for a two month period, on the same basis as the existing permission and with the same condition.

This includes persons in the State as visitors, who have applied for an alternative residence permission and have not yet received a decision – i.e. their visitors permission will be extended for two months.

The notice requires no action from the non national, and confirms the INIS registration offices are temporarily closed. The normal requirements to register residence permission will not arise until the registration offices re-open or alternative arrangements are put in place.

It is confirmed that a non national can present evidence of their last residence permission, in the form of a formal decision letter and/or the IRP card, together with a copy of the Notice, as evidence of their ongoing permission to remain in the State.

A list of frequently asked questions and responses is provided.

The notice can be accessed at the below link:

http://www.inis.gov.ie/en/INIS/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf/Files/frequently-asked-questions-immigration-permission-covid-19-temporary-measures.pdf

Berkeley Solicitors

VISA DECISIONS AND WAITING TIMES

For most visas, the Department indicates that you can expect a decision within eight weeks after it was received by the Irish Visa Office, Embassy or Consulate you sent it to. However, in the experience of our office, most visa applicants experience much long processing periods on their visa applications.

According to information on the INIS website, as of July 3rd 2018, business and employment visa applications received by the 11th of June 2018 are currently being reviewed.

Join family applications received by the INIS offices on the 7th of February 2018 are currently being reviewed.

According to the INIS website, applications which take longer than average if you have not submitted the necessary supporting documentation, your supporting documentation needs to be verified, because of personal circumstances, for example if you have a criminal conviction. Processing times can change during the year, for example before holiday periods.

Also, according to the INIS website, if the sponsor for the application in Ireland is an Irish citizen they aim to process your application within 6 months after they have receive all the necessary documentations. If the sponsor  in Ireland is entitled to immediate family reunification they also aim to process the application within 6 months after they receive all your necessary documents. They indicate that all other sponsors applications are aimed to be processed within 12 months after receiving all the necessary documentations.

In the experience of Berkeley Solicitors, some applications for a Join Family visa take much longer than the five month period suggested on the INIS website.

Depending on which Embassy the application is being processed, many join family visa applications take up to one year or longer.

We are aware of a number of visa applicants who have waiting over two years on their first instance decision, and have issued court proceedings due to the delay.

At Berkeley Solicitors, we do our best to assist our clients through this lengthy visa application process, and where necessary we can advise on issuing proceedings due to unreasonable delay.