Gerry McGrath – McGrath Mullan Solicitors Dublin

The Good Character Test in Naturalisation Applications

Gerry McGrath — Wed, 20 May 2026 07:36:39 +0000

In order to acquire Irish citizenship by naturalisation, the Minister for Justice must be satisfied that you are of good character. The nature of the good character test was examined in the High Court case of Akande v MJE where Ferriter J. gave judgement last year.

Mr Akande unfortunately had a serious drug conviction and had received a substantial prison sentence. However, he had made a good rehabilitation and had been 10 years without a conviction. The Minister declined to grant citizenship because they were not satisfied that Mr Akande had good character.

The court said the Minister must consider all aspects of an applicant’s history and conduct; the nature, gravity and context of any past offending; mitigation, rehabilitation, and the passage of time; and current integration, employment, family life and contributions to society.

Once satisfied that the Minister has considered these factors, the court will not substitute its opinion for that of the Minister. Mr Akande failed to overturn the Minister’s refusal.

Does this mean that you cannot be naturalised if you have a conviction? No, you can still be approved but it is important to make a full presentation of all mitigating factors when applying.

Nor is a refusal on good character grounds a bar to future applications. The passage of time without ‘trouble’ is a factor that must be considered by the Minister when making the assessment.

If you would like to talk to us about Irish Citizenship or any other legal issue please email us info@mcgrathmullan.ie, call us at +353 (0) 1 873 5012 or contact us here.

Compensation for Victims of Crime

Gerry McGrath — Mon, 16 Mar 2026 09:26:12 +0000

For many years, Ireland has operated a  Criminal  Injuries Compensation Scheme to compensate victims injured as a result of crime. The problem was that it limited compensation to out of pocket expenses and made no allowance for pain and suffering.

Now the European Court of Justice has found (Blanco v Criminal Injuries Compensation Tribunal) that Ireland’s scheme does not meet the requirements of the Council Direct which mandates fair compensation for victims of crime.

If you have suffered an injury because of a crime, it would be sensible to include a claim for compensation for your suffering and loss of earnings as well as your out of pocket expenses, even though the scheme has not yet been updated following the ruling.

If you would like help with compensation or any other legal matter, please contact us here – info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

Changes to Residential Lettings Law

Gerry McGrath — Fri, 23 Jan 2026 11:43:06 +0000

The government has indicated it will implement changes to take effect from 1^st March next although the necessary legislation has not yet been passed.

The changes have mixed blessings for both landlords and tenants. New tenancies created after 1^st March may be set at a market rent. So, landlords will not be bound by the previous rent limited to Rent Pressure Zone increases. But…landlords will not be able to terminate these new tenancies if they intend to sell the property. They will have to sell with a sitting tenant.

The changes do not affect tenancies in place before 1^st March.

There are different treatments for smaller and larger landlords and it will be necessary to examine the legislation once passed to advise fully on the implications.

If you would like legal advice on this or any other legal matters please contact us here or email us here, info@mcgrathmullan.ie

The Interplay Between Immigration Laws in Ireland and Northern Ireland

Gerry McGrath — Fri, 21 Nov 2025 11:00:36 +0000

While both jurisdictions share the island of Ireland, their immigration systems are distinct—one governed by the Republic of Ireland, an EU member state, and the other by the United Kingdom.

The Common Travel Area

The Common Travel Area (CTA) is a longstanding arrangement allowing free movement of Irish and UK citizens across both jurisdictions. This means Irish and British citizens do not require visas or residence permits to live or work in either Ireland or Northern Ireland. However, for non-Irish and non-British nationals, immigration rules diverge sharply at the border.

Calculating Residence in Northern Ireland for Irish Citizenship

Irish law requires “reckonable residence” to be physically in the State (the Republic of Ireland). Time spent living in Northern Ireland does not count towards the residency requirement for Irish citizenship, save in the case of a spouse or civil partner of an Irish citizen which treats time in the “island of Ireland” as reckonable.

Frontier workers

EEA/Swiss and non-EEA citizens who were living in one jurisdiction and working in the other (frontier workers) prior to 1 January 2021 retain their rights. Those taking up their frontier worker status after that face more complex requirements post-Brexit, including permits and compliance with both Irish and UK immigration systems.

Visas for Volunteers

Gerry McGrath — Thu, 23 Oct 2025 14:48:15 +0000

Did you know that Ireland gives residency for people wishing to do voluntary work for eligible organisations for up to 24 months?

A non-governmental, not-for-profit, voluntary or charitable body or sports body must invite you and act as your sponsor.

Volunteering can be in the fields of arts, heritage, culture, religious and faith-based support activities and sport among others.

Whether visa required or not, the application must be made from outside the state.

It won’t suit everyone as no paid work is permitted, but might be a solution for anyone wishing to contribute and hoping for non-financial rewards.

If you would like help with this or any legal matter, please contact our experienced team at info@mcgrathmullan.ie

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Continuous Residence and Naturalisation

Gerry McGrath — Wed, 27 Aug 2025 11:52:00 +0000

An attempt to shake the requirement that a person not be absent from the State for more than 70 days (extendable to 100 days in exceptional circumstances) has fallen at the first hurdle.

In a decision 25^th July 2025, Ms. Justice Siobhán Phelan refused Bulent Hicsonmez’s application for leave to proceed with judicial review. Mr Hicsonmez’s application for naturalisation had been rejected because he had been absent for more than 117 days in the year prior to his application.

The argument that the application of Section 15C of the Irish Nationality and Citizenship Act, (the amendment was introduced in 2023), was retrospective was misconceived. The court held that the provision applied prospectively to applications made after its commencement on July 31, 2023, and the applicant’s application was submitted in June 2024, well after the provision came into effect.

The court rejected the argument that the Minister had discretion to waive the statutory conditions under Section 15C. It clarified that the Minister’s discretion only arises if the statutory conditions are met, and the applicant’s absences far exceeded the allowable limits.

What is not so clear is whether absences from the State in the other years prior to the application will cause an application to fail. The application form still asks about all absences. It would be wise to limit absences to less than 70 days where possible, in every year of the five prior to the application to be sure and not just the final year.

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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Naturalised Irish Citizen but living abroad? Now read on…

Gerry McGrath — Mon, 31 Mar 2025 14:07:57 +0000

If you are a naturalised Irish citizen but are living outside Ireland, you should complete a Declaration of Intention to Retain Irish Citizenship each year and file it with the Department of Justice. It is a simple form which must be signed in the presence of a notary or other qualified person. It is filed by sending it by email to a dedicated email address in Justice. If you live abroad for seven years and haven’t done this, then your citizenship may be revoked. We haven’t seen this provision used but don’t be the first to fall foul!

Contact Gerry McGrath or any of the rest of our legal team to discuss your options today. info@mcrathmullan.ie

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Right to Reside and Habitual Residency – Voican decision

Gerry McGrath — Thu, 01 Aug 2024 14:53:43 +0000

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 (DA) but was denied by the Department of Social Protection (DSP). The DSP argued that although Mr. Voican was entitled to reside in Ireland due to his dependency on his working children, this dependency would cease once he received the DA.

The ECJ rejected this argument, concluding that a family member of an EU citizen, who has the right to reside as a dependent of that EU citizen, is also entitled to receive non-contributory social benefits such as Disability Allowance. The court’s decision reinforces the principle that the right to reside should not be contingent upon the denial of social benefits, thus providing stronger protections for the welfare of dependent family members of EU citizens.

If you would like more information on the above or would like our assistance with your own citizenship, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Purchase of Irish property by non-residents

Gerry McGrath — Wed, 07 Feb 2024 09:04:12 +0000

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 to register your ownership and obtain marketable title.

We can assist with the entire process from initial agreement, investigation of title and review and exchange of contracts through to final completion and registration.

Residential property in Ireland is subject to an annual charge to local property tax. The charge is calculated on the value of the property. For instance, a property worth €550,000 might be subject to a charge of €585 every year.

If you have concerns about Purchase of Irish property, contact our experienced team at 018735012 or info@mcgrathmullan.ie.

Notify ISD (Immigration Service Delivery) of change of address

Gerry McGrath — Wed, 31 Jan 2024 11:28:00 +0000

. 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.

It goes further: if you are to be absent of a month, you must give your immigration officer notice of where you are and keep them updated. Including when you return!

Whether this applies to EU nationals depends on whether it survives comparison with the law of the European Union. Doubtful.

In practical terms, ‘non-nationals’ should email immigrationsupport@justice.ie with any change of address.

Separately, if you have a pending naturalisation application, ISD ask that you complete a change of address form.