The Immigration Blog

CHANGE IN POLICY FOR FAMILY REUNIFICATION FOR NATURALISED REFUGEES

There appears to be a recent worrying change in policy within the Family Reunification Section of the Irish Naturalisation and Immigration Services regarding refugee family reunification applications made under Section 18 of the Refugee Act 1996 by naturalised refugees.

VISA DELAYS – THE ATIF AND MAHMOOD CASE

The Irish Naturalisation and Immigration Service indicates that it renders a decision in that majority of visa applications within eight weeks of receipt. It further indicates that Join Family visas take significantly longer, estimating six months for circumstances where the sponsor is an Irish citizen or in Ireland and entitled to immediate family reunification, and twelve months for all other instances.

RECOGNIZING FOREIGN ADOPTIONS FOR IMMIGRATION PURPOSES

The recognition of a foreign adoption for the purposes of immigration arises in circumstances where an individual who is legally residing in Ireland applies family reunification with their adopted child, where the child is resident in their own country of origin and by consequence, the adoption is done through their country of origin’s law.

REVISED RULES ON THE STUDENT PATHWAY

In 2016 the Irish government introduced a new Stamp for international non-EEA students who wish to stay in the State once they are finished their Irish degree programmes. The Stamp 1G is a stamp for non-EEA international students which allows those currently holding Stamp 2 permissions to avail of a Stamp 1G Third Level Graduate programme.

AMICUS CURIAE SUBMISSION OF THE IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ON THE LUXIMON AND BALCHAND CASES

In December 2016 the Irish Human Rights and Equality Commission made an Amicus Curiae submission in relation to the Luximon and Belchand case, a case with potentially significant ramifications for non-EEA persons who remained in the State after originally arriving as Stamp 2 visa-holding students that wish to regularise their status.

RECENT CHANGES TO THE DE FACTO PARTNERSHIP SCHEME

Under De Facto Partner Immigration Permission, the non-EEA partners of Irish citizens or legal residents on Stamps 1,4 or 5 can apply for permission to remain in the State on the basis of their relationship with the Irish citizen or legally resident person. This permission is conditional on the basis of their continuous relationship with the Irish citizen or legally resident person.

UPDATE ON THE LUXIMON CASE

The Supreme Court has now decided to hear appeals on the Luximon case, a case with potentially significant ramifications for non-EEA persons who remained in the State after originally arriving as Stamp 2 visa-holding students that now wish to regularise their status.

UPDATE ON ASYLUM SEEKERS RIGHT TO WORK IN IRELAND

Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.

The Immigration Blog

CHANGE IN POLICY FOR FAMILY REUNIFICATION FOR NATURALISED REFUGEES

There appears to be a recent worrying change in policy within the Family Reunification Section of the Irish Naturalisation and Immigration Services regarding refugee family reunification applications made under Section 18 of the Refugee Act 1996 by naturalised refugees.

VISA DELAYS – THE ATIF AND MAHMOOD CASE

The Irish Naturalisation and Immigration Service indicates that it renders a decision in that majority of visa applications within eight weeks of receipt. It further indicates that Join Family visas take significantly longer, estimating six months for circumstances where the sponsor is an Irish citizen or in Ireland and entitled to immediate family reunification, and twelve months for all other instances.

RECOGNIZING FOREIGN ADOPTIONS FOR IMMIGRATION PURPOSES

The recognition of a foreign adoption for the purposes of immigration arises in circumstances where an individual who is legally residing in Ireland applies family reunification with their adopted child, where the child is resident in their own country of origin and by consequence, the adoption is done through their country of origin’s law.

REVISED RULES ON THE STUDENT PATHWAY

In 2016 the Irish government introduced a new Stamp for international non-EEA students who wish to stay in the State once they are finished their Irish degree programmes. The Stamp 1G is a stamp for non-EEA international students which allows those currently holding Stamp 2 permissions to avail of a Stamp 1G Third Level Graduate programme.

AMICUS CURIAE SUBMISSION OF THE IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ON THE LUXIMON AND BALCHAND CASES

In December 2016 the Irish Human Rights and Equality Commission made an Amicus Curiae submission in relation to the Luximon and Belchand case, a case with potentially significant ramifications for non-EEA persons who remained in the State after originally arriving as Stamp 2 visa-holding students that wish to regularise their status.

RECENT CHANGES TO THE DE FACTO PARTNERSHIP SCHEME

Under De Facto Partner Immigration Permission, the non-EEA partners of Irish citizens or legal residents on Stamps 1,4 or 5 can apply for permission to remain in the State on the basis of their relationship with the Irish citizen or legally resident person. This permission is conditional on the basis of their continuous relationship with the Irish citizen or legally resident person.

UPDATE ON THE LUXIMON CASE

The Supreme Court has now decided to hear appeals on the Luximon case, a case with potentially significant ramifications for non-EEA persons who remained in the State after originally arriving as Stamp 2 visa-holding students that now wish to regularise their status.

UPDATE ON ASYLUM SEEKERS RIGHT TO WORK IN IRELAND

Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.