The Immigration Blog

BRITISH CITIZENS AND THEIR FAMILY MEMBERS IN IRELAND- THE RIGHT TO RESIDE IN THE EVENT OF A NO-DEAL BREXIT

As previously highlighted on our blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit. Further information and clarification has been outlined on The European Commission’s website.

CHENCHOOLIAH V MINISTER FOR JUSTICE- IMPORTANT JUDGEMENT ON RIGHTS OF EU CITIZEN SPOUSES

The European Court of Justice has clarified the correct procedure for the spouses of EU citizens, whose EU citizen spouse has left Ireland and therefore have lost their right to reside under Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015 to have their right of residence considered by the Minister.

NEW PRE-CLEARANCE PROCESS FOR NON-EEA DE FACTO PARTNERS OF IRISH CITIZENS

Launched on the 19th of August 2019, this new process enables De Facto Partners of Irish nationals to apply for their permission to reside in Ireland prior to travelling, providing heightened certainty for those planning on moving home to Ireland with their De Facto Partners.

EFFECTS OF BREXIT FOR NON-EEA FAMILY MEMBERS OF UNION CITIZENS RESIDENCE IN IRELAND

On the 31st of October, the United Kingdom will leave the EU and become a third country unless a draft withdrawal agreement is ratified prior to this. Brexit has left many unanswered questions for Non-EU/EEA British citizen family members.

NEW ONLINE IMMIGRATION RENEWAL SYSTEM FOR DUBLIN-BASED STUDENTS

In order to support the increasing number of non-EEA students, a new online renewal immigration registration system has been established. Starting 26th August 2019, Dublin-based students from outside of Europe will be able to renew their immigration registration online without any additional fees. Nearly 8,000 students are expected to use the new online renewal system in the coming months.

IMPORTANT JUDGMENT ON DEPENDENCY EU TREATY RIGHTS CASES - THE KUHN AND KHAN CASES

The Court of Appeal has issued a highly important and long-awaited decision on the matter of dependency in favour of the Applicants in the cases of Khan and ors. v the Minister for Justice and Equality and K and ors. V the Minister for Justice and Law Reform and the Minister for Foreign Affairs. The decision is very significant for family members of EU citizens who have applications, or who have previously been refused applications, for visas or residence cards based on the fact that they are dependent on an EU citizen family member.

UPDATE ON VISA DELAYS – ATIF AND MAHMOOD CASE

In Atif and Mahmood, the High Court in Ireland ruled in favour of the applicants indicating that any delay over six months in processing visa applications was too long. However, the Minister appealed this decision to the Court of Appeals in Ireland. In order to make a decision in this matter, the Court of Appeals referred to the European Court of Justice (ECJ) for guidance.

MINIMUM SALARIES RAISED FOR EMPLOYMENT PERMITS FROM JANUARY 2020 AND OTHER IMPORTANT CHANGES

The Employment Permits (Amendment)(No.2) Regulations 2019, 9th July 2019 amend the Employment Permit Regulations 2017-2019. A number of the new regulations are now in force and a number will come into force in the new year, on 1st January 2020.

The Immigration Blog

BRITISH CITIZENS AND THEIR FAMILY MEMBERS IN IRELAND- THE RIGHT TO RESIDE IN THE EVENT OF A NO-DEAL BREXIT

As previously highlighted on our blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit. Further information and clarification has been outlined on The European Commission’s website.

CHENCHOOLIAH V MINISTER FOR JUSTICE- IMPORTANT JUDGEMENT ON RIGHTS OF EU CITIZEN SPOUSES

The European Court of Justice has clarified the correct procedure for the spouses of EU citizens, whose EU citizen spouse has left Ireland and therefore have lost their right to reside under Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015 to have their right of residence considered by the Minister.

NEW PRE-CLEARANCE PROCESS FOR NON-EEA DE FACTO PARTNERS OF IRISH CITIZENS

Launched on the 19th of August 2019, this new process enables De Facto Partners of Irish nationals to apply for their permission to reside in Ireland prior to travelling, providing heightened certainty for those planning on moving home to Ireland with their De Facto Partners.

EFFECTS OF BREXIT FOR NON-EEA FAMILY MEMBERS OF UNION CITIZENS RESIDENCE IN IRELAND

On the 31st of October, the United Kingdom will leave the EU and become a third country unless a draft withdrawal agreement is ratified prior to this. Brexit has left many unanswered questions for Non-EU/EEA British citizen family members.

NEW ONLINE IMMIGRATION RENEWAL SYSTEM FOR DUBLIN-BASED STUDENTS

In order to support the increasing number of non-EEA students, a new online renewal immigration registration system has been established. Starting 26th August 2019, Dublin-based students from outside of Europe will be able to renew their immigration registration online without any additional fees. Nearly 8,000 students are expected to use the new online renewal system in the coming months.

IMPORTANT JUDGMENT ON DEPENDENCY EU TREATY RIGHTS CASES - THE KUHN AND KHAN CASES

The Court of Appeal has issued a highly important and long-awaited decision on the matter of dependency in favour of the Applicants in the cases of Khan and ors. v the Minister for Justice and Equality and K and ors. V the Minister for Justice and Law Reform and the Minister for Foreign Affairs. The decision is very significant for family members of EU citizens who have applications, or who have previously been refused applications, for visas or residence cards based on the fact that they are dependent on an EU citizen family member.

UPDATE ON VISA DELAYS – ATIF AND MAHMOOD CASE

In Atif and Mahmood, the High Court in Ireland ruled in favour of the applicants indicating that any delay over six months in processing visa applications was too long. However, the Minister appealed this decision to the Court of Appeals in Ireland. In order to make a decision in this matter, the Court of Appeals referred to the European Court of Justice (ECJ) for guidance.

MINIMUM SALARIES RAISED FOR EMPLOYMENT PERMITS FROM JANUARY 2020 AND OTHER IMPORTANT CHANGES

The Employment Permits (Amendment)(No.2) Regulations 2019, 9th July 2019 amend the Employment Permit Regulations 2017-2019. A number of the new regulations are now in force and a number will come into force in the new year, on 1st January 2020.