Gerry McGrath A recent Irish referral to the European Court of Justice (ECJ) has provided further clarity regarding the rights of EU citizens and their family members to free movement (C-488/21 Voican v Chief Appeals Officer). The case involved Mr. Voican, a dependent parent of an EU citizen working in Ireland. Mr. Voican applied for Disability Allowance … Read more
You do not have to be resident in Ireland to purchase property here. Purchasing property will not confer any right of residency of course. As a non-resident purchaser, you will need to obtain an Irish tax number (PPS no.) so that the deed of purchase can be stamped. Without stamping, you will never be able … Read more
. 9 of the Immigration Act 2004 requires ‘non-nationals’ to notify ISD of a change in their address. This must be given in advance to their local immigration officer and if changing areas, within 48 hours of arrival to the new immigration officer. Failure to do so can result in a conviction and hefty fine. … Read more
On the 20th December, the Minister of State for Business, Employment and Retail, announced significant changes to the jobs eligible for an employment permit as well as increasing salary thresholds. Among the main changes to the employment permits system are 11 new occupations listed on the highly skilled occupations list which are as follows: Furthermore, … Read more
Reactivation applies when an employee who had a valid employment permit falls out of the employment permit system through no fault of their own or where they have been badly treated by their employer. In these cases, reactivation provides a pathway for re-employment where the individual has found another job offer for which they have … Read more
The role of a conveyancing solicitor acting on behalf of the purchaser is crucial in ensuring a smooth and legally sound transaction. The following outlines the basic steps in this process: 1. Engagement and Instruction: The first step is for the purchaser to engage a conveyancing solicitor. Once engaged, the solicitor will gather information about the … Read more
Van Der Elst The “Van der Elst visa” originated from a European Court of Justice (ECJ) case known as “Van der Elst” in 1994. A non-EEA national who is lawfully resident and legally employed in another EU member state may be allowed to work on a temporary basis for that employer in the State without … Read more
We are delighted to announce the new partners of McGrath Mullan LLP: Elaine O’Sullivan, Eoghan McMahon, Hannah Clinton, and Taise Azevedo from 1st of August 2023. Elaine O’Sullivan qualified as a Solicitor in 2017, she specialises in immigration law, judicial review, and surrogacy law. Holding an LLB in Law and European Studies and an LLM … Read more
The eagerly awaited Assisted Decision-Making (Capacity) Act 2015 came into effect on the 26th of April 2023. The Act presumes that every adult has the capacity to make decisions, unless determined otherwise and seeks to improve decision-making supports and maximise a person’s capacity to make decisions, now or in the future. Under the Act, a … Read more
Our firm had a major success in the Supreme Court recently. The five-member court overturned the decisions of the High Court and Court of Appeal in our judicial review application on behalf of our (now 9-year-old) client. Our client had been denied Irish citizenship on the basis that his father’s refugee permission had been revoked … Read more
