我们已经处理了许多非常引人注目的案例，包括 Djolo诉司法平等和法律改革部长, Donatus诉难民上诉法庭，Gavrilyuk诉最高法院司法平等部长，最近是Gica诉最高法院难民申请专员。
就在最近的突破性欧盟自由运动案例中，我们取得了令人瞩目的成功 马哈茂德和阿蒂夫诉司法与平等部长 2017年10月14日交付， 穆罕默德·阿桑（Mohammed Ahsan）诉司法平等部长
Sinnott immigration Solicitors Dublin and Cork specialise in obtaining Irish Citizenship / Naturalisation for many of our clients. This can be a complex process for those who are not familiar with the rules surrounding the entitlement to a grant of Irish Citizenship but we are on hand to guide you through it.
There are many ways within which to become an Irish Citizen. Some of those include foreign birth registration application based upon Irish Grandparents, legal residence in the State for five years, citizenship on the basis of having an Irish born child, parent or other close family member and citizenship based upon being the spouse of an Irish National.
Sinnott Solicitors Dublin and Cork are experienced in challenging Citizenship refusals by initiating High Court applications on behalf of our clients. Some of those cases have made their way all the way to the Irish Supreme Court. Through initiating High Court challenges on behalf of our clients, Sinnott Solicitors Dublin and Cork have been instrumental in shaping the law on Citizenship in Ireland.
There are many rules in relation to citizenship which applicants need to be familiar with prior to making the application. For example, absences of more than six weeks in the year prior to making the application must be explained. The reason for the absence, purpose of the trip, dates of the flights and specific details in relation to the absence must be submitted as part of the application.
There are different types of application forms necessary in relation to certain applicants such as minors, young adults, naturalised parents on behalf of minors, applications for minors of Irish decent or Irish associations and applications on behalf of minors who are not entitled to Irish Citizenship at birth.
It is important that the correct form is used in making the application. Certain documents must also be certified, translated and in some cases notarised as part of a citizenship application. Each application must be sworn by the Applicant in front of a Solicitor, Commissioner for Oaths or a Peach Commissioner prior to submission.
Sinnott immigration Solicitors Dublin and Cork have obtained international protection on behalf of thousands of our clients over the years. There are a number of ways within which to obtain international protection namely refugee status, subsidiary protection and humanitarian leave to remain.
Sinnott immigration Solicitors can advise upon the rights of migrants to work and family reunification in this context. International protection law is complex and difficult to navigate and we can assist our clients in guiding them through that complex process.
An application for international protection will first be assessed to establish the relevant facts and circumstances. After that assessment, an International Protection Officer will examine an application in order to recommend whether or not the Applicant should be given a refugee declaration or a subsidiary protection declaration.
That International Protection Officer will then make a recommendation based upon the examination and send it to the Minister for Justice who will notify the Applicant about the recommendation.
The International Protection Officer will examine the application in order to decide whether the Application should be given a refugee declaration, a subsidiary protection declaration or neither of those declarations.
If the International Protection Officer recommends that the Applicant should be given a refugee declaration, the Minister for Justice & Equality will issue that declaration.
If the International Protection Officer recommends that the Application should be given a subsidiary protection declaration or no declaration, a copy of the report will be sent to the Applicant and the Applicant can appeal to the 国际保护上诉法庭 against the recommendation.
That appeal may be conducted with or without an oral hearing and the Applicant will be represented at the appeal by the Applicant’s Solicitor and/or Counsel.
If the decision of the Tribunal is not to allow the appeal, the Applicant can then submit information to the Minister about a change of circumstances or other information that would be relevant when permission to remain in the State is being considered. Based upon that information, the Minister will review the previous decision to refuse permission for the Applicant to remain.
Sinnott immigration Solicitors Dublin and Cork are very experienced in obtaining work permits on behalf of our clients. There are a number of ways within which to obtain a work permit and it is a complex process which can be difficult to navigate.
Sinnott immigration Solicitors are at hand to assist our clients and advise our clients in respect of all work permit applications to include Critical Skills Employment Permits, General Employment Permits, Intra Company Transfer Permits, Atypical Workers Scheme, Stamp 4 support letters, Posted Workers, Health Care Workers and all other employment permits.
In order to take up employment in the State, a person must be in possession of a valid work permit or a valid green card. All non-EEA Nationals who are already lawfully resident in the State and who hold a valid certificate of registration with stamp 1, 1A, 2, 2A or 3 may apply for an employment permit if offered employment in an eligible occupation.
Employment permits cannot be granted in circumstances where the job is listed in the ineligible categories of employment. The Department of Business, Enterprise and Innovation assesses the skills, labour market shortages and appropriateness of salary level.
If an application for a work permit is successful, permission to remain will be in the form of an endorsement in the Applicant’s passport confirming the conditions and period of time for which the Applicant has permission to remain in the State for the purpose of employment.
In the event that a non-EEA worker is made redundant, certain policies apply and applications can be made in order to ensure that the Applicant remains in the State.
Once an employment permit expires, then there are certain procedures in place for the renewal of employment permits.
There is nothing more satisfying for migrants than to be reunited with their family members. We are proud to say that we have reunited many families over the years by making family reunification applications on their behalf.
Family reunification applications are a complex process and we can guide our client’s through that process and advise them on all aspects of family reunification.
Family reunification can be obtained for recipients of international protection, spouses of Irish Citizens, those in a relationship with Irish Citizens/De Factor Partners, parents of Irish Citizen children, elderly dependent parents of Irish Citizen children and for family members of Stamp 4 holders or certain work permit holders.
An Applicant’s right to family reunification will depend on the nature of the Applicant’s legal residence in the State. EEA Nationals and persons granted international protection in the State have a legal right to family reunification for certain family members. An Applicant’s ability to sponsor a family member depends on what the Applicant’s immigration status is.
There are different processes depending on the Applicant’s status. it would be necessary in every case for family reunification to find out what the immigration status of the sponsor is. It is also necessary to determine whether the family member is already in Ireland and if not whether a visa is required. The relationship of the family member is also very important.
For example, a parent, child, spouse or sibling would be more likely to be granted family reunification as an immediate family member. The Immigration Service Delivery non EEA policy document on family reunification contains categories of family members. The categories are immediate family members which are spouses, de facto partners and minor children, parents and other family.
In November 2019, new rules came into place for non-EEA de facto partners of Irish Citizens who must apply for immigration preclearance before travelling to Ireland. Irish Citizens do not have an automatic right to family reunification even with immediate family members.
Applications for family reunification are dealt with under the non-EEA policy document on family reunification. If a family member is already in Ireland, an Applicant can submit an application for a residence card to the Immigration Service Delivery. If the family member is not in Ireland, the Applicant should check whether a visa is required to enter Ireland.
If a family member does not need an entry visa to travel to Ireland, then a C Visa application is the appropriate application to make. If the Applicant does require an entry visa to travel to Ireland, then a D Visa application is applicable.
One of the most common type of visas is a 配偶签证 and are generally granted to spouses of Irish citizens, EU nationals, or non-EEA nationals who are resident in Ireland on a valid immigration permission.
Sinnott Solicitors Dublin and Cork have taken many successful judicial review applications over the years. Some of those applications have made their way from the High Court to the Supreme Court of Ireland and to the European Court of Justice.
Judicial review is a very complex process and an application will need experienced Counsel in order to navigate that judicial review process. We have brought successful judicial review proceedings against many public bodies.
There are very strict time limits within which to bring judicial review applications and when deciding upon the grounds for taking a judicial review, it is important that clients receive very specific and accurate advice.
Judicial Review is primarily concerned with the decision making process rather than the substance of the decision. It is a way for the High Court to supervise the lower Courts and Tribunals and other administrative bodies in order to ensure that their decisions are properly reached and in accordance with Law.
A decision of a Tribunal or public body may be set aside on the basis that it is unreasonable, unlawful and possibly disproportionate. In order to make an application for judicial review, it is firstly necessary to apply to the High Court by way of an application for leave to bring judicial review proceedings.
The Applicant must show that the Applicant has sufficient interest in the matter.
The leave stage is a mechanism for the High Court to identify the issues at an early stage and to identify the grounds upon which the Applicant is entitled to seek judicial review.
An application is based upon a statement of grounds.
The Respondent or public body who wishes to oppose an application for judicial review is required to file a statement of opposition.
A replying Affidavit may also be filed by the public body contesting the facts set out by the Applicant. Once the pleadings are closed, the matter proceeds to a hearing.
A number of remedies are available for the Courts to grant to the Applicant if the Application is successful. The Court may make an order quashing the decision of the public body, prohibiting the public authority from acting unlawfully, compelling the public body to perform a legal duty and the Court may award damages to an Applicant and costs.
Citizens of the European Union and their families are entitled to exercise their free movement rights within the territory of the member states of the EU. That entitles those citizens to work and move freely throughout Europe with their family members. Sinnott Solicitors Dublin and Cork have made numerous applications for our EU Citizens and their families over the years.
The free movement of rights of family members of EU Citizens Regulations are complex and applicants would require appropriate and accurate advice in order to navigate that process.
Applicants can apply for a residence card, a permanent residence card, retention of residence following Divorce, Death or departure of an EU Citizen. We can advise clients on refusals based upon marriage of convenience in the context of EU Treat Rights cases. We can also advise clients on remedies for delay in dealing with EU Treaty Rights applications.
Member States are entitled to restrict the exercise of EU Treaty Rights but only in very limited circumstances on the grounds of public health, public security and public policy.
There has been numerous cases before the Courts on those policy issues to determine whether member States are entitled to restrict rights of EU Nationals in certain circumstances.
Where an EU National with a non-EEA minor child intends to reside in the State with children for longer than three months, then an application must be submitted on behalf of each child for permission to reside in the State as a family member of an EU Citizen.
An application for a permanent residence card must be made six months before the expiry of the residence card.
You will need a visa to enter Ireland if you are a citizen of one of the countries whose nationals require a visa to enter Ireland. You may check whether you are a visa required national or not on the website of the Immigration Service Delivery.
If you wish to visit Ireland for a period of less than three months, then an Applicant can apply for a short stay C visa for either a single entry or multiple entries. The maximum stay allowed is 90 days.
If an Applicant wishes to travel to Ireland for more than three months and if that Applicant is visa required, then the Applicant must apply for a long stay D visa for a single entry. If the Applicant is granted a long stay D visa and wishes to remain in the State for longer than three months, the Applicant will be required to register and obtain a residence permit.
There are many different types of visas. A preclearance procedure applies when non-EEA Nationals obtain permission to enter Ireland before travelling to Ireland. Currently Ministers of Religion, Volunteers and spouses and partners of critical skills employment permit holders and non-EEA de facto partners of Irish Citizens can apply for preclearance.
The preclearance process makes the transit straight forward.
If the preclearance application is successful, then an Applicant is required to apply for a visa online. However, if an Applicant resides in a country where biometrics are recorded as part of the visa application process, then the Applicant must make the visa application at the same time as the preclearance application.
Currently those countries are China, India, Pakistan and Nigeria. If a preclearance application is successful, an Applicant will be granted a letter of approval or preclearance letter which must be presented to an Immigration Officer upon arrival.
Visas must be applied for online unless a person is resident in Ireland and applying for a re-entry visa.
The visa process is a complex process and set of rules. For those who are not familiar with the rules surrounding visas, it is advisable to obtain specific immigration advice before making an application for a visa. Many Applicants are unaware of the volume of information required in order to make a visa application.
There are thousands of undocumented migrants living in Ireland and Sinnott Solicitors Dublin and Cork have helped many undocumented migrants to regularise their immigration status and to become lawful residents in Ireland.
The Immigration Acts 1999 to 2004 contain certain provisions to enable Applicants to seek immigration permission, vary immigration permission and/or make representations if the Minister proposes to deport a person, to comply with immigration reporting obligations and to apply for revocation of a deportation order if there are grounds for so doing.
So far, there is no specific policy in this area or no specific scheme in place for undocumented migrants to regularise their position. A significant volume of information is required in order to make an application in relation to undocumented migrants.
Firstly, it is necessary to obtain the precise immigration history of the Applicant in order to ascertain the Applicant’s chances of success to regularise their chances of success in regularising their status.
There are certain factors that the Minister would take into account when deciding whether an undocumented migrant would be permitted to remain in the country.
A very detailed and well put together application is essential. An application would typically deal with matters such as the Applicant’s immigration history and residency in the State, employment records, social service benefits claimed, integration into Irish society, criminal record, previous records with the immigration authorities in Ireland, any outstanding deportation or removal orders, any public policy considerations, the specific skill set and qualifications and achievements of the Applicant and numerous other personal details of the Applicant.
If an Applicant is successful in having their immigration regularised within the State, the Minister will permit the Applicant leave to remain in the State thereby becoming a lawful resident in Ireland.
Sinnott Solicitors Dublin and Cork are experienced in assisting our clients to obtain Minister of Religion permission to enter the State as a Minister of Religion.
We have acted for various religious organisations who wish to bring applicants to Ireland to carry out their duties as Ministers of Religion.
We have acted for a number of individuals who wish to come to Ireland to carry out duties as Ministers of Religion.
Minister of Religion permission applies to Ministers of Religion, Religious volunteers and others. It is a permission which allows a successful applicant to work within an eligible religious body for up to three years with a possible three year extension subject to certain conditions.
It is now necessary for all applicants in respect of Ministers of Religion to apply for a preclearance approval letter. That procedure applies to both visa and non-visa required non-EEA Nationals.
If an Applicant does not live in China, India, Nigeria or Pakistan, then an Applicant must wait until an Applicant’s preclearance application is successful before applying for a visa.
If an Applicant lives in China, India, Nigeria or Pakistan, an Applicant must submit a visa application at the same time that an Applicant makes the preclearance application and have an Applicant’s biometric details recorded.
There are a number of documents required for a preclearance letter. In addition, medical insurance is required for the duration of the Applicant’s stay.
An Applicant’s family members may also join the Applicant in the State by applying for a long stay join family visa before travelling to Ireland. Often Applicant’s applications are refused and in those circumstances it is necessary to appeal the decision.
Sometimes, when an appeal is made and the appeal is refused, it may be necessary to look at the decision in order to ascertain whether the judicial review of the refusal may be possible.
Stamp 0 is an application that can be made by Applicants of independent means who can support themselves in the State during their stay.
There are three types of Applicants that may apply for Stamp 0 permission and they are
- Elderly dependent relatives
- Persons of independent means
- visiting academics/researchers
Applicants who are not lawfully in the State are not entitled to make an application for Stamp 0 permission.
A visa required Applicant is required to make an application from outside the State. An Applicant who is a non-visa required person can make the application from inside or outside the State.
A successful Applicant for a stamp 0 permission will receive a letter setting out the conditions of the permission and an agreement form for the Applicant to sign.
That letter is required in order to obtain the stamp 0 visa permission. The conditions of a stamp 0 permission are as follows:-
The Applicant’s initial permission is valid for a period of one year. The application for renewal must be applied for well in advance of the expiration of the Stamp 0 permission.
The stamp 0 application can be a complex process for those who are not familiar with the rules surrounding the permission and an Applicant will often require very specific immigration advice in order to ensure that the application is properly submitted.
The most sought-after immigration stamp in Ireland is a 邮票 4 允许留下. A Stamp 4 permission to remain is a temporary immigration permission which allows the holder to reside in Ireland to a certain date and is renewable provided that the person has complied with the terms of the permission and obeyed the laws of the state. It allows the holder to work for somebody else, to be self-employed, to set up a business, to study along with many other benefits.
For many non-EEA nationals, a Stamp 4 permission to remain is the holy grail of Irish immigration permissions.
Sinnott Solicitors Dublin and Cork have assisted many of our client’s in obtaining immigration permission based upon the Start-up Entrepreneur Scheme. The application can be a complex process for those who are not familiar with the rules surrounding it.
The Start-up Entrepreneur Scheme was introduced by the Irish Government in 2012 in order to allow innovative Entrepreneurs to apply for permission to establish their businesses and to reside in Ireland on a fulltime basis.
Applications for the Start-up Entrepreneur programme can be made electronically at any time but the proposals submitted as part of an application or considered on a quarterly basis by an evaluation committee.
The evaluation committee considers the proposals and may seek further information from the candidate if required. The evaluation committee also makes recommendations to the Minister for Justice and Equality as to the suitability of the proposal.
Successful applicants will be granted residence for a period of two years initially and subject to complying with the grant of the initial permission, may be eligible for an extension of their residence permission for a further three years. Renewal applications will be entertained on the basis that the business has remained in place throughout the two year period and certain other conditions.
Immediate family members such as the Applicant’s spouse, civil partner or partner and dependent children may be included as dependents in an application and will be granted stamp 4 permission to remain should the application be successful. After a five year period, an Applicant can apply for long term residence and Irish Citizenship.
Many immigrants experience domestic violence and unfortunately migrants can face additional barriers when that happens. Family members of Irish Citizens and legally resident non EEA Nationals are currently entitled to apply for permission to enter and reside in the State in accordance with administrative policies and procedures.
Those applications are granted on a discretionary basis and some on a statutory basis such as those under Section 4(7) of the Immigration Act 2004 where one applies to change their existing immigration status.
Applicants who have been victims of domestic violence may seek an immigration status that is independent of their relationship. In those circumstances the individual can seek assistance and help with their situation without the fear of being deported from the State or the worry of negative implications for their immigration status.
People in those circumstances often worry about the immigration status of their children should they disclose or report the domestic violence to the authorities.
Many are quite simply of the opinion that their immigration permission is based upon their relationship and if that relationship were to dissolve, the immigration permission would disappear also.
Sinnott Solicitors Dublin and Cork have encountered many clients who have been victims of domestic violence. We have made numerous applications for Applicants in those circumstances and successfully obtain independent permission to remain in the State. It is important for people to realise that they do not have to remain in an abusive relationship in order to protect their immigration entitlements to remain in Ireland.
It is important that an application for independent status is properly prepared and advised upon prior to submission to the Immigration Service Delivery. The Applicant should have some form of current immigration status as the dependent of an Irish National or of a foreign national who has received permission to live in Ireland.
If the Applicant’s immigration status has lapsed, an application can still be made but it must be clearly stated as to why the permission was not renewed. Certain documents will be required in order to make an independent application on the basis of the fact that the Applicant is a victim of domestic violence.
It is important to obtain a very detailed personal statement outlining the history of the violence preferably in chronological order. The statement should set out the history of the relationship, the demise of the relationship, the incidents of domestic violence and any other relevant information. It is also necessary to submit as much documentation as possible in support of such an application.
For example, an Applicant may have obtained a protection order or a safety order from the Courts. Medical reports may be required where injuries were consistent with domestic violence. A Garda report of incidents of domestic violence may be required. It may be necessary to provide a letter from a State body indicating that it is dealing with an Applicant’s case as an issue of domestic violence. It may be necessary to provide a letter of support from a domestic violence support organisation or any other evidence indicating that the Applicant is a victim of domestic violence. There is no application fee for such an application.
If an application for permission to stay in Ireland is successful, then an Applicant will receive either a stamp 0, stamp 1, stamp 1A, stamp 1G, stamp 2 (2A), stamp 3, stamp 4 (4S), stamp 5 or a stamp 6 permission.
There are several types of permission to remain in Ireland and the type of permission is indicated by the stamp.
All Applicants should be familiar with the stamp and the conditions that apply to that stamp. We have covered all immigration conditions when writing the content for our website.
Two permissions however that we have not written about in any particular detail are long term residency permission and without condition as to time immigration permission. Long term residency permission applies to Applicants who have been legally resident in the State for a minimum of five years (60 months) on work permit, work authorisation or working visa conditions.
Applicants who meet the criteria for residency of that duration may make an application for long term residency permission in the State. If successful, an Applicant would be granted permission to remain in Ireland on a stamp 4 permission which would be valid for five years. sometimes, Applicants prefer to apply for long term residency permission instead of Irish Citizenship. That is because certain countries do not permit dual citizenship and Applicants are often concerned that if they apply for Irish Citizenship and are successful, they will lose the citizenship of their country of birth.
Another immigration permission is called without condition as to time permission. An Applicant may apply for without condition as to time permission and obtain a stamp 5 endorsement on their passport if the Applicant has completed eight years legal residence in Ireland under the appropriate permission. Certain other conditions must be met such as good character and unbroken residency. A stamp 5 permission means that the holder has an immigration permission to be in the country and the right to work without the need for an employment permit. It does not confer upon the holder any entitlement to any particular public service funding.
If you have any queries in relation to these types of immigration permissions, Sinnott’s Irish immigration lawyers, Dublin and Cork would be happy to advise you.