The following are examples of some of the areas we cover:
Change of Status;
EU Treaty Rights;
Spouse or de facto partner of an Irish national;
Non-EEA national family members
Family Reunification (Persons granted International Protection);
Non-EEA national parent of Irish citizen child
Immigrant Investor programme
Please note that we provide advice and representation in relation to all types of immigration applications
Phone: +353 1 6712773
Any person who is present in the State without permission is at risk of being expelled. Depending on the circumstances of the person, this can take place either under domestic law (deportation under s. 3 of the Immigration Act 1999) or under EU law (removal under Directive 2004/38/EC).
Removal of a non-EEA national ordinarily takes place under domestic law, pursuant to s. 3 of the Immigration Act 1999. Under this provision, the Minister has power to make a deportation order. Before doing so, the Minister must issue a proposal to deport, which gives the recipient three options. It is essential that any proposal to deport is legally correct. If it is not then a deportation order made on foot of it will also be incorrect and can be challenged by way of Judicial Review. We provide expert advice in relation to this and can assist with any challenge to a legally incorrect proposal to deport.
One of the options open to a person issued with a proposal to deport is to make representations, within 15 days, as to why a deportation order should not be made. In considering any such representations, the Minister is required to consider a number of statutory factors, including any ‘humanitarian’ issues arising. A decision on these factors is at the discretion of the Minister. Along with these discretionary factors, where the making of a deportation order would result in a breach of rights, either under the Constitution or the European Convention on Human Rights, the order cannot be made. We provide specialist and expert legal advice in relation to whether such rights arise and will be breached upon the making of a deportation order, and can make representations on your behalf. Where the Minister decides not to make a deportation order, leave to remain will be granted. The nature of the permission currently being granted is a Stamp 1 permission without the need for a work permit.
A person issued with a deportation order can be required by the Minister to ‘present’ on a specified date and time. Contravention of a deportation order can result in a person being liable for arrest and detention. However, any such detention must be legally correct and if it is not then it can be challenged under Article 40 of the Constitution. We provide advice in relation to this and can assist with a legal challenge to any unlawful detention.
Once a deportation order is made it is without limitation unless revoked. This means that a person who has a deportation cannot re-enter the State while the order still exists. An application for revocation of the deportation order can be made under s. 3(11) of the Immigration Act 1999, and we can assist with this. However, ordinarily any such application will only be successful if a change of circumstances since the time the order was made can be demonstrated. If a breach of rights arises as a result of the continuation of the order then the order must be revoked. We provide expert legal advice in relation to this, and can make representations to the Minister seeking revocation of an order where a breach of rights arises.
Certain non-EEA national family members of EU citizens who have exercised EU Treaty Rights in the State can only be removed from the State by way of a Removal Order under Article 15 of Directive 2004/38/EC. A Removal Order made under this provision is limited, which means that once it has been affected, it does not continue. It is therefore not necessary to seek to have the order revoked once it has been implemented. In certain circumstances, this means that a person removed by way of a Removal Order under Article 15 may be free to re-enter the State. We can advise in relation to this. If the person is a visa required national, it will still be necessary to obtain this.
The process for making removal orders under Article 15 has not yet been implemented by the Minister. We can provide expert legal advice in relation to whether you are a person who can only be removed by way of Removal Order under Article 15, rather than pursuant to s. 3 of the Immigration Act 1999. If you come within this category, we can make representations on your behalf, pending implementation of an Article 15 removals process.
An EU citizen who is exercising EU Treaty Rights in the State can only be removed by way of Removal Order under Article 27 of Directive 2004/38/EC on very particular grounds, including the personal conduct of the EU citizen. This conduct must reach a particular threshold to allow for the order to be made. We can provide expert legal advice in relation to Removal Orders made under Article 27 against an EU citizen and can assist in relation to a challenge to a Removal Order in appropriate cases.
Change of Status application
A person who has been granted permission in the State under s. 4 of the Immigration Act 2004 is entitled to apply for a renewal or variation of that permission, in accordance with s. 4(7) of the 2004 Act, which provides:
“A permission under this section may be renewed or varied by the Minister, or by an immigration officer on his or her behalf, on application therefor by the non-national concerned.”
An application under s. 4(7) is ordinarily made to alter the nature of the Stamp granted. For example, a person with a Stamp 3 permission may wish to seek Stamp 4 permission, in order to allow the person to work in the State.
Section 4(7) of the Immigration Act 2004 can only be relied on by the Minister in specific circumstances. We can provide advice in relation to this.
In relation to persons in current permission but who fall outside of the undocumented scheme, we can provide advice and assistance in relation to a change of status application.
EU Treaty Rights
Pursuant to EU law (Directive 2004/38/EC) EU citizens enjoy the right of free movement, which includes the right to reside in the State, provided certain conditions are complied with. The non-EEA national family members of an EU citizen who is exercising EU Treaty Rights enjoy a derivative right to reside in the State.
EU citizens exercising EU Treaty Rights are not required to register their presence in the State. However, their non-EEA national family members must apply for permission. We provide legal advice in relation to the process and can assist with applications. Where an application is refused, there is an entitlement to a review of the decision. We can also provide legal advice in relation to this and can assist in submitting a review application. Where a delay arises in relation to the issuing of a decision, we can assist in the making of representations. Legal advice and representation in relation to other remedies, where appropriate, can also be provided.
If you are the non-EEA national family member of an EU citizen who is exercising EU Treaty Rights and you are from a visa required country, we can assist in the making of a visa application under an accelerated process. We also provide legal advice and assistance in relation to applying for permanent residence or retention of rights under Directive 2004/38/EC. Certain other rights may also arise pursuant to EU law, rather than under Directive 2004/38/EC, and we can advise in relation to this and assist in the making of applications where appropriate.
All persons who wish to enter the State must present on arrival to an immigration officer, acting on behalf of the Minister, and seek permission to do so. Nationals of certain non-EEA countries must, prior to arriving at the border, apply for and be granted a visa. Where this is granted, it gives permission to the person to present at the border to seek permission. We can provide advice and assist in the making of all visa applications, including short stay permissions and those made on the basis of being a family member of an EU citizen who is exercising EU Treaty Rights in the State.
Those seeking longer term permission can apply for a long stay visa. This type of permission is often sought on the basis of a family relationship with an Irish citizen or a non-EEA national with a certain type of permission to reside in the State, including persons granted International Protection (refugee status or subsidiary protection) but whose family members are not eligible for consideration for family reunification under the International Protection Act 2015.
Visa applications that are based on these types of relationships are decided pursuant to Ministerial policy. However, depending on the status of the individuals, certain rights may arise under the Constitution of the European Convention on Human Rights (ECHR). Where refusal of a visa will result in a breach of these rights then the visa must be granted. We provide expert legal advice in relation to rights under the Constitution and ECHR and can assist in the making of detailed submissions in relation to these, as part of a visa application.
Where an initial visa application is refused, there is ordinarily a right of appeal. We provide legal assistance in relation to the making of an appeal, including the drafting of detailed legal submissions where rights arise and may be breached in the event of refusal of the visa.
Pursuant to the Irish Nationality and Citizenship Act 1956 (as amended), a person who has had a period of ‘reckonable’ residence in the State for five years, including a period of one year of continuous residence in the year immediately prior to making an application, can apply to the Minister to become an Irish citizen, by seeking a certificate of naturalisation. Certain individuals are only required to demonstrate three years reckonable residence. We can provide legal advice and assistance in relation to all aspect of naturalisation, including the making of an application.
In order to be eligible, certain statutory requirements must be satisfied and the grant of a certificate is at the discretion of the Minister. However, an applicant is entitled to a reasoned decision in the event of refusal and the failure by the Minister to provide this may mean that it is open to an applicant to seek to challenge the decision by way of Judicial Review. We can provide both advice in relation to the this and legal representation in appropriate cases. The statutory conditions for the grant of a certificate may be waived in certain circumstances and we can also provide legal advice in relation to this.
Persons granted International Protection (Asylum or Subsidiary Protection) are entitled to apply, under the International Protection Act 2015, for certain family members to join them in the State. We can provide legal advice and assistance in relation to this, including the making of an application for family reunification.
There is no statutory appeals process in the event of refusal but we provide legal advice in relation to whether there are any errors in the refusal decision that may warrant further action. Where this arises, we can provide legal representation.
Non-EEA national parent of an Irish citizen child
If you are the non-EEA national parent of an Irish citizen child, you may be entitled to permission to remain in the State on the basis of rights extending to your child under Article 20 TFEU. This was established in the decision of the Court of Justice of the EU in the Zambrano case. In order to be eligible, the parent must be able to satisfy certain requirements. We can provide advice in relation to this and can assist in the making of an application, as well as providing legal advice in respect of a refusal decision.
A person who has been granted International Protection (Refugee Status or Subsidiary Protection), which includes a Programme refugee, may apply for a travel document which will allow the person to travel. In exceptional circumstances, a travel document may be granted to a person with leave to remain in the State and who does not have a national passport.
We can provide legal advice in relation to all aspects of travel documents and can assist with the making of an application.
Spouse or de facto partner of an Irish national
Under the Policy Document on Non-EEA Family Reunification, the spouse or de facto partner of an Irish national can apply for permission to enter or reside in the State. Certain requirements, as set out in the Policy document, must be met in order for this to be granted. However, rights under the Constitution and European Convention on Human Rights will ordinarily arise and where refusal of permission will result in a breach of rights, the permission must be granted. We can provide expert legal advice in relation to an application and rights arising and can assist in the making of an application. Where an application is refused there is a right of appeal and we can also provide legal advice and assistance in relation to this.
Family members of certain non-EEA nationals
Non-EEA nationals with certain types of permission to remain in the State may be eligible to sponsor immediate family members to enter or reside in the State. Any application is at the discretion of the Minister and certain requirements under Ministerial policy must ordinarily be satisfied. However, rights under the Constitution and European Convention on Human Rights may also arise and these must be considered as part of the application. The decision must not be in breach of these rights. We can provide legal advice and assistance in relation to all aspects of an application.
Persons who wish to come to Ireland to study can apply for permission to do so, pursuant to Ministerial policy. Certain requirements must be fulfilled and those deemed eligible are granted Stamp 2 permission. This permission is not considered reckonable for the purposes of a citizenship application. We can provide legal advice and assistance in relation to student permission applications.
A non-EEA national who wishes to work in the State is required to have an employment permit, unless exempted from this requirement. Applications for a work permit are made to the Department of Enterprise, Trade and Employment and can be applied for from outside the State or, if present in the State, from a person who is in current permission. If a work permit is granted to a person who is outside the State and the person is visa required, this must be applied for.
We provide legal advice and assistance in relation to all types of employment permits, as well as visa applications.
Immigrant Investor Programme
The Immigrant Investor Programme allows non-EEA nationals, who commit to an approved investment in the State, to obtain residence permission for themselves and their immediate family members.
We provide legal advice in relation to the terms and requirements of the programme and can assist with the making of an application.
Application for elderly dependent parents
Pursuant to Ministerial policy, it is open to Irish nationals and non-EEA nationals with permission to remain, to apply to have their elderly dependent parents join them in the State. Applications can only be made from outside the State and specific requirements must be met in order for permission to be granted. Those granted permission are issued with a Stamp 0.
We can provide advice in relation to all aspects of the process, as well as assistance with an application.