The Applicant was granted an employment permit to work as a Chef De Partie in Ireland in February 2023, but his subsequent employment visa was refused on appeal in December 2023 for the following reasons:

• No evidence of his current or proposed employment in Pakistan or Ireland had been submitted.
• No application letter had been submitted.
• Insufficient evidence had been submitted to  demonstrate that the applicant had relevant qualifications or employment experience to undertake the proposed employment in the State.
• No personal financial documentation or business financial documentation had been submitted.
• The applicant’s obligations to return to his home country were not sufficient.
• And the applicant had not satisfied the visa officer that he would observe the conditions of his visa.

However, in his employment visa appeal, the Applicant’s solicitor had outlined and submitted the following:

• An Irish contract of employment was submitted.
• A letter from the applicant’s employer was submitted outlining his experience working there as a Chef De Parti for six years. It was also emphasised that the Irish employer was a renowned ethnic restaurant with extremely high standards and a significant reputation to uphold and that the prospective employer had incurred significant expense and time in hiring the applicant and supporting his employment permit and visa application, noting that if the applicant did not possess the skills and knowledge to perform in the role, then he would not have been hired by the prospective employer.
• It was explained that his employment in Pakistan was a cash in hand job, therefore no contract of employment, payslips or tax returns were available for submitting.
• It was explained because the applicant was a refugee in Pakistan, he was only permitted to reside there, but not work. Nor was he permitted to open a bank account. Therefore, he was unable to provide any bank statements as requested.
• It was outlined that the Irish employer had paid for the applicant’s flights to Ireland, in addition to undertaking to pay for his health insurance on arrival, and to provide him with accommodation which is something the Irish employer does for all of their chefs. The Irish employer also undertook to pay the applicant a salary advance to cover any additional costs which he may have incurred on his arrival.
• In relation to the finding that no business financial documentation had been submitted, the applicant’s solicitor enclosed a copy of the prospective employer’s company directors’ report and financial statements for the year ended 31 July 2021, together with a copy of the company’s current account statement with a positive closing balance evidenced.

In her judgement, Ms. Justice Sara Phelan noted the following:

• She was at a loss to understand how the lack of a business email address in the Pakistani employer’s letter being “insufficient to verify the information provided” could not be verified, when all that was required was to pick up the phone or send a letter to the employer with the aim of confirming the truth.
• The decision-maker had made an error (which was not just a slip or minor error) regarding the fact that the applicant was to be employed as a Chef De Partie and not a Head Chef, to the extent that it may have informed their criticism of the Camille Thai job offer.
• The Respondent continued to expect bank statements and tax records from the applicant, despite having been advised that these documents were simply not available, which Justice Phelan viewed as adhering to a fixed view policy to refuse to accept documents other than in the precise form identified on the website.
• The Respondent acted irrationally in refusing to waive the requirement for certain financial proof from the Applicant in circumstances where it was extremely difficult for Afghan refugees living in Pakistan to provide such documentary proofs.
• That the Respondent fettered their discretion to not grant a visa by rigidly adhering to policy and without applying any judgement to allow for the particular circumstances of this case.
• In finding they were not satisfied as to the credibility of the Irish employer, the Respondent discounted all of the substantial documentary proofs provided without providing any rationale or reasons as to what they were actually looking for, thus leaving the Applicant in the unfortunate position of wondering what additional material he could or should have provided.
• A lack of candour on the Applicant’s part was highlighted in that, among other things, his previous student visa refusal indicated he had been living in Afghanistan for over 19 years, which was at odds with his employment visa application which stated he had been resident in Pakistan for 10 years. He also described himself as single in his employment visa application, despite his CV listing him as married. Justice Phelan found it curious that the Applicant did not declare his true marital status, since being married could have worked in his favour in terms of the OB ground.

Overall, Justice Phelan took a broad view of the discrepancies, stating they were not so serious in nature to merit refusing the Applicant’s application. She also stated, by way of a cautionary note, that this judgment should not be taken as being non-critical of lack of candour and in other circumstances, and had she not found in favour of the Applicant on all other grounds, the lack of candour would have been of greater significance and may have resulted in the exercise of her discretion against the Applicant.

If you would like to discuss this or any other legal matter, please email McGrath Mullan’s office info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

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The first thing to consider is if you are from a visa required country. If you are not from a visa required country, the application process requires fewer steps in that you do not need to apply for a visa to travel to Ireland. Instead, you simply need to travel to Ireland with your Irish spouse, satisfy airport immigration of your intentions for moving here, and complete the steps for registering your residency permission here in Ireland.

Whereas if you are from a visa required country, you must first submit an application for a ‘D’ visa to your nearest Irish Embassy or VSF office. Once your visa is approved, you can then travel to Ireland and apply to register your permission after you arrive here.

The ‘D’ visa application involves completing a visa application form online. You then have 30 days from the date you submit your online application to submit some supporting documents to the relevant embassy. And in some cases, depending on where you live, you may be required to attend an appointment at an embassy or VSF office to submit your supporting documents in person.

The preparation and submission of the relevant supporting documents is a very important part of the application process, therefore it is crucial that you are well prepared. The supporting documents must be submitted in their original format. They must be translated if not in English, and certain identity documents must be apostilled or notarised.

Upon review of your application, the Visa Office must be, among other things, satisfied that your spouse is an Irish citizen and that they have the finances to support you on a long-term basis in Ireland. If you are only very recently married, and /or your relationship has been long distance / you have never lived together, the Visa Office will require a significant selection of documents as evidence of your ongoing relationship to date. An original marriage certificate is rarely, if ever, sufficient proof of your relationship to your spouse.

Once your application is submitted in full, the Visa Office will take anywhere from 6 to 15 months to process the application, sometimes longer. The time it takes them is dependent on a number of factors such as the location the application is submitted and the complexity of your case. If your application is refused, you will be given 2 months to submit an appeal, and appeals can then take anywhere from 12 to 24 months to be processed. Accordingly, in order to avoid the frustration of having your application refused and the subsequent long wait for an appeal to be processed, it is very important that you do things right the first time you apply.

If you are interested in applying for a visa to join your Irish citizen spouse in Ireland, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcrathmullan.ie or call us on +353 (0) 1 873 5012.

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It is essential that you are retired from all forms of employment as any form of economic activity in the State is not permitted at the time of application, during the application process, or after your Stamp 0 permission is granted.

You must also demonstrate that you have sufficient financial resources to support yourself financially in the State. In this regard, the Department’s Guidelines ask for proof that you have access to an annual income of €50,000, together with a lump sum amount to cover any sudden major expenses. A lump sum amount should equal the cost of a private residential dwelling.

In order to demonstrate you have sufficient financial resources to support yourself, you are required to submit a report from an Irish accountant verifying your finances. If you engage us to handle your Stamp 0 application on your behalf, we can arrange the preparation of this report on your behalf with an independent Accountancy Firm.

A number of additional documentary proofs will also be required for this application, along with a completed application form.

If your Stamp 0 application is approved, you must travel to Ireland to complete the final steps of the process.

Your Stamp 0 permission will be granted for one year and can be renewed on an annual basis provided you continue to meet the conditions of the permission – among other things, that you continue to meet the financial requirements and have been residing continuously in the State.

If you are interested in retiring to Ireland, and you think the Stamp 0 application might be a good fit for you, please feel free to contact our office for a consultation to discuss your eligibility and requirements. Call us on 00 353 1 873 5012 or email us here info@mcgrathmullan.ie.

The new changes are as follows:

1. Labour Market Needs Test

Employers are no longer required to publish job advertisements in print media. Instead, they must publish the job advertisement on the EURES Jobs Ireland website and on an online platform for 28 consecutive days.

2. Seasonal Employment Permit

The new Seasonal Employment Permit is a short-term employment permit designed to support targeted economic sectors, such as horticulture and agriculture. Employers wishing to avail of this permit for their employees will be required to apply annually to become registered pre-approved seasonal employers in order to access the scheme. This permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025.

3. Changing Employer

Subject to conditions, the new Act will allow certain employment permit holders to change their permit employer to another employer after a period of nine months has passed since commencing their first employment permit in the State. The provision also eliminates the need for the permit holder to apply for a new permit and is restricted to movement within the occupation or occupation classification on the original permit.

4. Progression within the role

The new Act allows a permit holder to progress within their role via promotion or internal transfer in the same company without having to apply for a new employment permit. However, the permit holder must use the same skills and the employment must remain eligible.

5. Commencement of Employment

Following the grant of an employment permit, the permit holder must commence employment within 6 months of the date of issue of the permit.

6. Agencies and Subcontractors

Work permit applications can now be accepted where the salary is paid by employment agencies or subcontractors who are not the employer.

7. 50:50 Rule

In order to support the future expansion of businesses, the waiver to the 50:50 rule for employers who have no employees at time of application has been revised and no longer restricts the employer to the one employee permit holder after grant. The 50:50 rule will be triggered when a second application is made for an employment permit for the same employer.

8. Non-Consultant Hospital Doctors

The new Act allows for the grant of a 2 year multi site General Employment Permit to suitably qualified foreign nationals who take 6-month employment contracts as non-consultant hospital doctors in health facilities in different locations. This will eliminate the need for multiple applications for each employer hospital and ensure a smooth transition from one employment to the next, up to two years.

9. Return of Incomplete Applications

This provision will allow for the return of incomplete applications without full consideration, with a written notification to the applicant, along with the fee and any documentation provided.

10. Indexing of Annual Remuneration

In order to ensure that remuneration thresholds for employment permits remain in line with average wage growth, a provision has been introduced for indexation against the annual change in mean weekly earnings as calculated by the CSO. The aim is to increase Ireland’s attractiveness as a work destination whilst ensuring that permit holders will continue to be able to afford to live in Ireland.

The Employment Permit Act 2024 significantly changes various aspects of the employment permit process. The process aims to be less administratively burdensome and help employers remain legally compliant, while providing more flexibility and equality for employees.

In order to understand the full range of these changes and how they might benefit you, please feel free to contact our office for a consultation. Contact us here info@mcgrathmullan.ie or here +353 (0) 1 873 5012. Thank you.

Stamp 0 is an immigration permission which allows you to reside in the State, subject to meeting certain conditions. It does not permit you to work or engage in any kind of economic activity in the State.

In order to be eligible to apply for Stamp 0, you must demonstrate that you have sufficient financial resources and can meet the designated financial thresholds which must be evidenced by submitting a financial report from a registered Irish accountant. Alternatively, if you have a son or daughter who are legally resident in the State and are willing to sponsor you, they must be able to demonstrate that they earn a certain level of income to enable them to support you financially. In both cases, the Department of Justice must be satisfied that you will not become a financial burden on State resources.

Once your application is submitted, the Department of Justice are currently taking up to four months to process applications. If your application is approved, and you are from a visa-required country, you will then have 30 days in which to apply for your long-stay visa to enable you to enter Ireland. However, if is necessary, the Department may extend this 30 day window depending on your particular circumstances.

Your Stamp 0 permission will be granted for a period of 12 months and can be renewed each year for an additional 12 months, provided you meet the conditions of your permission.

Residence in Ireland while on Stamp 0 can also be counted as reckonable residence for citizenship, provided you meet all of the other various conditions, which among others, include residing in Ireland for at least 5 out of the last 9 years.

If you would like to know more about the Stamp 0 application process, please get in touch at info@mcgrathmullan.ie or call us at 01 873 5012 and we can arrange a consultation to discuss your options.

In Ireland, the option of becoming a naturalised citizen through marriage to an Irish citizen is available to individuals who meet specific eligibility criteria.

Spouses and civil partners of Irish nationals are eligible for naturalisation through marriage, but they must have been married for a certain period, have been living in Ireland for at least three years, and have at least three years of reckonable residence in Ireland.

To apply for citizenship through marriage or civil partnership, you must also demonstrate good character and other criteria must be followed by the applicant:

• •Be at least 18 years old.
• •Be married or in a civil partnership with an Irish citizen for at least 3 years.
• •Have resided in the State for at least three year out of the last five years before you apply.
• •Declare the intention to continue residing in Ireland after becoming an Irish citizen.
• •Swear fidelity to the nation and loyalty to the Irish state.

You must fill out a specific form and submit supporting documents to ISD along with the required fees.

The process involves submitting an online application to the Irish Naturalisation and Immigration Service. Each case is assessed on its own merits, and the specific requirements and procedures may be subject to change.

If you have concerns about immigration matters in general, contact our experienced immigration team at 018735012 or info@mcgrathmullan.ie.

Stamp 4 Support Letter Applications

From the specified date, DETE will cease accepting applications for Stamp 4 support letters. This change prompts a shift in the process for individuals who will now register Stamp 4.

Timely submissions are emphasized for those impacted by these adjustments, underscoring the importance of adhering to the new procedures.

Documentary requirements for Stamp 4 Residence Permission Registration

For those who did not apply to DETE for a support letter before 30th November 2023, Similar to the old process, it will require specific documentation for Stamp 4 residence permission registration.

Pending Applications

It is crucial to note that all applications submitted to DETE before 30th November 2023, will undergo regular processing under the old procedure so those applicants are not affected by the new rules.
Eligibility Criteria

Similar to the old process, applicants must have been registered and in permission for a minimum of 21 months under a Stamp 1, based on a Critical Skills Employment Permit and/or Hosting Agreement. Alternatively, under Stamp 1H as a Non-Consultant Hospital Doctor based on a Multi-Site General Employment Permit.

When to Apply

Applications for the renewal of permission are accepted up to 12 weeks before expiry to ensure sufficient processing time.

If you would like to discuss your Stamp 4 application and register or would like us to assist with your application, please do not hesitate to contact us at info@mcgrathmullan.ie and we would be happy to speak with you.

Long Term Residency applies to individuals who were resident in Ireland on employment permits for at least 5 years. If successful, the applicant will receive a Stamp 4 permission for an additional 5 years and will no longer be tied to any employer.

Long-term residents may be granted certain rights and privileges, such as access to healthcare, social welfare, and employment opportunities, similar to those of Irish citizens.

It is important to note that immigration policies and requirements can change, so it’s always a good idea to consult with the relevant Irish authorities or legal experts for the most up-to-date information.

Permanent Residency applies to individuals who have lived as a family member of a European citizen for at least 5 years. In this case, it is important for the applicant to provide details of the European citizen’s entire life during the last 5 years, as the application will only be valid if it can be proven that the European citizen has been living in Ireland and has engaged in paid work, self-sufficient living, entrepreneurship, or study throughout the entire period.

If the application is successful, the applicant will receive a Stamp 4 permission for 10 years.

Please note that the application should be submitted 6 months before the expiration date of the current permission.

For any inquiries about these changes and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.