The Immigration Blog

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.

MINISTER RULED TO HAVE BEEN INCORRECTLY APPLYING EU LAW RELATING TO MEMBERSHIP OF THE SAME HOUSEHOLD

The High Court has issued a very important ruling in Shishu & anor -v- The Minister for Justice and Equality [2019] IEHC 566, which provides that the Minister for Justice has incorrectly applied EU law as it relates to the issue of residence cards to dependant family members and members of the same household of an EU citizen who is exercising his or her right to free movement in the State.

UPDATE ON CITIZENSHIP APPLICATIONS FOLLOWING THE JONES RULING

Further to our recent blog on the High Court’s findings in the case of Jones v The Minister for Justice and Equality, which can be read in full here, the Irish Naturalisation and Immigration Service of the Department of Justice have published a notice addressing the judgment and the concerns it has raised.

IMPORTANT HIGH COURT RULING DEEMS REFUSAL OF FAMILY REUNIFICATION TO SPOUSES/CIVIL PARTNERS OF REFUGEES/SUBSIDIARY PROTECTION HOLDERS UNCONSTITUTIONAL

The recent High Court judgment of Mr Justice Barrett in the joined cases of A. vs The Minister for Justice and Equality and S. and S. vs. The Minister for Justice and Equality has held as unconstitutional the statutory provision excluding family reunification rights to the spouses and civil partners of refugees whose marriage took place after the granting of refugee status.

THE IMPLICATIONS OF THE JONES CASE FOR 'RECKONABLE RESIDENCE' FOR NATURALIZATION APPLICATIONS

The Court finds in Jones that the law requires continuous residence in the year prior to application and that continuous residence is defined as per the generally accepted understanding and dictionary definition of continuous. Therefore even one days absence from Ireland in the year prior to application will break the continuous residence requirement and leave a person ineligible to apply for naturalization as an Irish citizen.

A QUESTION OF THE LEGALITY OF THE USE OF DOMESTIC DEPORTATION LAW FOR FAMILY MEMBERS OF EU CITIZENS - CHENCHOOLIAH

The Regulations direct that the Minister may make a removal order against a Union citizen or their family member where the person is no longer entitled to be in the State in accordance with the 2015 Regulations. However, in practice, the Minister has been invoking the domestic deportation procedure under Section 3 of the Immigration Act 1999 as amended in the circumstances of family members who fall outside the remit of the 2015 Regulations.

IRELAND SEEKS TO INCREASE CHINESE TOURISM WITH 5-YEAR MULTI-ENTRY VISA OPTION

To celebrate 40 years of dipomatic relations with China, Ireland has implemented a a 5-year multi-entry visa option for Chinese applicants. With a large population and strong economy, China plays a significant role in the tourist market in Ireland. With this new visa option, Ireland hopes to increase Chinese tourism.

The Immigration Blog

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.

MINISTER RULED TO HAVE BEEN INCORRECTLY APPLYING EU LAW RELATING TO MEMBERSHIP OF THE SAME HOUSEHOLD

The High Court has issued a very important ruling in Shishu & anor -v- The Minister for Justice and Equality [2019] IEHC 566, which provides that the Minister for Justice has incorrectly applied EU law as it relates to the issue of residence cards to dependant family members and members of the same household of an EU citizen who is exercising his or her right to free movement in the State.

UPDATE ON CITIZENSHIP APPLICATIONS FOLLOWING THE JONES RULING

Further to our recent blog on the High Court’s findings in the case of Jones v The Minister for Justice and Equality, which can be read in full here, the Irish Naturalisation and Immigration Service of the Department of Justice have published a notice addressing the judgment and the concerns it has raised.

IMPORTANT HIGH COURT RULING DEEMS REFUSAL OF FAMILY REUNIFICATION TO SPOUSES/CIVIL PARTNERS OF REFUGEES/SUBSIDIARY PROTECTION HOLDERS UNCONSTITUTIONAL

The recent High Court judgment of Mr Justice Barrett in the joined cases of A. vs The Minister for Justice and Equality and S. and S. vs. The Minister for Justice and Equality has held as unconstitutional the statutory provision excluding family reunification rights to the spouses and civil partners of refugees whose marriage took place after the granting of refugee status.

THE IMPLICATIONS OF THE JONES CASE FOR 'RECKONABLE RESIDENCE' FOR NATURALIZATION APPLICATIONS

The Court finds in Jones that the law requires continuous residence in the year prior to application and that continuous residence is defined as per the generally accepted understanding and dictionary definition of continuous. Therefore even one days absence from Ireland in the year prior to application will break the continuous residence requirement and leave a person ineligible to apply for naturalization as an Irish citizen.

A QUESTION OF THE LEGALITY OF THE USE OF DOMESTIC DEPORTATION LAW FOR FAMILY MEMBERS OF EU CITIZENS - CHENCHOOLIAH

The Regulations direct that the Minister may make a removal order against a Union citizen or their family member where the person is no longer entitled to be in the State in accordance with the 2015 Regulations. However, in practice, the Minister has been invoking the domestic deportation procedure under Section 3 of the Immigration Act 1999 as amended in the circumstances of family members who fall outside the remit of the 2015 Regulations.

IRELAND SEEKS TO INCREASE CHINESE TOURISM WITH 5-YEAR MULTI-ENTRY VISA OPTION

To celebrate 40 years of dipomatic relations with China, Ireland has implemented a a 5-year multi-entry visa option for Chinese applicants. With a large population and strong economy, China plays a significant role in the tourist market in Ireland. With this new visa option, Ireland hopes to increase Chinese tourism.