Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
Three Requirements for Divorce in Ireland
Ireland’s divorce process is based on a ‘no-fault’ system, meaning the court does not consider the reasons behind the breakdown of the marriage. However, to obtain a divorce, you must meet the following three key requirements: 1. Living Apart for two of the past three years You and your spouse must have
DAMAGES FOR DATA BREACHES DUE TO GDPR
The General Data Protection Regulations ( GDPR ) were brought into law in Ireland under the Data Protection Act 2018. A Data Breach is an incident where information is leaked or stolen. This can be due to a cyber attack by a third party but is more commonly something that happens
Employment Permits – Change of Employer Applications
The Employment Permits Act 2024 introduced a significant change to Ireland’s employment permit system with the launch of the “Change of Employer” process. What Is the “Change of Employer” Employment Permit? Previously, if an employment permit holder wanted to change employers, a whole new employment permit application would need to
McGrath Mullan LLP sponsors ABA Congress in Dublin
On 20 September 2024, McGrath Mullan LLP, as a sponsor of the III International Congress of the Brazilian Lawyers Association (ABA), was represented by Partner Taise Azevedo and Legal Executives Fabiano Milani and Valquiria Silva at the Law Society of Ireland in Dublin. The event, attended by notable figures including
First-Time Buyers: Financial Help, Legal Advice, and What to Expect
The process for buying a home, especially your first home is a complex process that requires legal advice throughout to manage the process. This includes reviewing title and contracts, advising on planning issues that may arise, advising on legal aspects of your mortgage as well as discharging stamp duty and
Irish Immigration Service transfers renewal process nationwide
As of 4th November 2024, the Irish Immigration Service Delivery (ISD) will officially take over responsibility from the Garda National Immigration Bureau (GNIB) for the renewal of residence permissions across all counties in Ireland. From this date, all applicants nationwide must use the ISD online renewal portal to submit their applications.
Important Notice: Renewing your IRP Card before holiday travel
This notice, published on the Irish Immigration website, highlights important information for non-EEA nationals planning to travel over the upcoming Christmas holiday period. The Immigration Services Registration Office in Burgh Quay, Dublin, is currently handling a high volume of renewal applications, with processing times estimated at 3-4 weeks. After the
Disability Allowance & Visa Sponsorship
Disability Allowance Payments and the Financial Criteria for Sponsorship of Non-EEA Family Member Visas We have recently been contacted by a number of disabled people who are unsure about their right to sponsor their spouse or children for a visa to join them in Ireland.As of September 2024, there are
Irish Citizenship for Children
There are a number of ways a child can claim Irish citizenship: A child will automatically be an Irish citizen if: In these cases the child may simply apply for an Irish passport from the Irish Passport Office. A child under 16 may be eligible to apply for Irish citizenship
Probate and the Rights of Co-Habitants
Under the Civil Partnership and Certain Rights and Obligations of Co-Habitants Act 2010, a couple is deemed to be co-habitants when they have lived together as a couple in an “intimate and committed relationship” for in excess of five years (or 2 years if there are children of the relationship)
Changes to the Employment Permit Act 2024 – Employees & Employers
On 2nd September 2024, the Employment Permit Acts 2024 were brought into effect, consolidating and updating the existing Act in place since 2006. The aim of the new Act is to create a more flexible employment permits system better able to respond to the changing needs of the labour market
Irish Grant of Probate, Foreign Domicile.
Our firm regularly receives inquiries from both family members and lawyers in other countries seeking assistance in extracting Grants of Probate for people who have died domiciled in other countries, but who have left assets in Ireland. With so many ex-patriots throughout the world, this is not surprising, with holiday
Foreign Birth Registration – Irish Citizenship through Grandparents
If you have Irish ancestry and were born outside of Ireland, you might be eligible to become an Irish citizen through a process called Foreign Birth Registration (FBR). Irish citizenship can be passed by descent. It’s a pathway that has become increasingly popular for those who cherish their Irish roots
Three useful tips for your application for Irish Naturalisation
Applying for Irish Naturalisation is a significant step towards becoming an Irish citizen. To ensure a smooth application process, it is crucial to prepare your documents meticulously. Here are three useful tips to help you get started: The Irish Naturalisation process requires applicants to prove their residency in Ireland by
Stamp 0 – Retiring to Ireland
If you are a retired non-EEA national, interested in relocating to Ireland for the later years of your life, the Stamp 0 immigration permission might be a suitable option for you. Stamp 0 is an immigration permission which allows you to reside in the State, subject to meeting certain conditions.
Intra-Company Transfer Employment Permit in Ireland
The Intra-Company Transfer Employment Permit is designed to facilitate the transfer of senior management, key personnel, or trainees within multinational corporations. This permit allows non-EEA nationals from an overseas branch to be transferred to the corporation’s Irish branch, supporting the country’s job growth ambitions and the establishment of foreign direct
Right to Reside and Habitual Residency – Voican decision
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.
Disputing a Will in Ireland
It is important to be aware when drafting your Will that it may be open to challenge after your death by a beneficiary or another individual who believe they are entitled to an inheritance, or that they were not adequately provided for. While Irish Courts have taken the view that
Costs Order Against Marc Godart
In a significant judgement last week, McGrath Mullan secured an order in the High Court that Mr. Marc Godart should pay the costs of the High Court applications seeking to bring him to court to explain why the company he ran, Green Label Short Term Lets Limited, could not pay
New registration procedures for Irish Residence Permissions in Cork and Limerick starting in July 2024
Transition of Immigration Registration to ISD for Cork and Limerick Counties Effective from 8th July 2024, there are significant changes to the registration and renewal process for Irish immigration residence permissions in Cork and Limerick. The responsibility for these services has shifted from the Garda National Immigration Bureau (GNIB) to
Permanent Residence for EU Citizens and their Family Members
Once an EU citizen or their family member has lived in Ireland continuously for 5 years, they may be eligible to apply for permanent residence in Ireland. For EU citizens, this means they will no longer need to show that they are working, self-employed, studying, involuntarily unemployed or residing with
McGrath Mullan LLP is now “Great Place to Work Certified™”
We are thrilled to announce that our firm has been officially recognised as a Great Place to Work Certified™ company. This prestigious certification is a testament to our firm’s commitment to fostering a supportive, inclusive, and empowering work environment. The Great Place to Work Institute has acknowledged our efforts in
Probate: 10 Steps to Kick-Start the Administration Process
1. Obtain a death certificate Without a death certificate, the process cannot begin at all. For example, any financial institution where the loved one held accounts, have to be satisfied that the account holder has died before they will disclose the value held in the account. Also, the Probate Office
Registering to vote – Local Elections
In the rush to ensure that a visa goes through for a loved one, or an IRP card gets issued when it needs to, we in McGrath Mullan often forget to advise our clients that regardless of their stamp or employment status, that if they are ordinarily resident in Ireland
Transfer of the family home from sole name into joint names of both spouses 2024
In some cases, a family home is registered in the sole name of just one spouse. (E.g. where one spouse owned the property before the couple got married, or traditionally, many houses were in the sole name of a husband as the wife, a homemaker, was not a breadwinner and
Lost Title Deeds – 2024
Sometimes, when a person tries to sell a property, it transpires that some or all of the title deeds cannot be found. This can lead to extensive delays while searches are made for the originals. Your solicitor can reconstitute the lost title deeds. It just takes time. In cases where
Recent Immigration Updates in Ireland 2024
The Department of Justice has recently implemented two significant updates aimed at streamlining processes and enhancing efficiency for immigrants residing in the country. These updates mark a change in responsibility and eligibility criteria, impacting individuals seeking first-time registration or renewals of residence permissions. Transfer of responsibility for first-time registration and
Changes to Commercial Rates
2024 Updates to Commercial Rates in Ireland | McGrath Mullan Law Notes re Commercial Rates Changes have been introduced to commercial rates which will affect all vendors and purchasers, landlords and tenants in commercial premises. Since 1st January, the ‘liable person’ is the occupier or person entitled to occupy (the owner
Enduring Power of Attorney
A Power of Attorney is a legal document where a Donor gives another person, their Attorney, the power to make decisions and execute legal documents on their behalf. An Enduring Power of Attorney is different in that it will only come into effect when the Donor has lost capacity to
Bringing Your Family to Ireland: Understanding EU Treaty Rights
If you are an EEA national currently residing in Ireland or are planning to move here in future and wish to bring a family member, it is important to understand your rights and entitlements. In this article, we will outline how EEA nationals can bring family members who are not
Types of Employment Permit: Understanding the Intra-Company Transfer Employment Permit and the Internship Employment Permit
The Intra-Company Transfer Employment Permit and Internship Employment Permit are two separate programmes that enable individuals to work in Ireland for a specific duration. Intra-Company Transfer Employment Permit For non-EEA nationals who are employed by a company abroad but wish to work in Ireland for a period of time to
Is it possible to obtain Irish citizenship through marriage?
If you are not an Irish citizen by birth you can become a naturalised Irish citizen through marriage. 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
Recognition of Foreign Divorce in Retention applications – Domicile v. Residence
We are delighted to share a recent successful outcome in an application for the review of a residence retention decision. This case underscored the importance of distinguishing between residence and domicile when seeking to retain residence rights following a foreign divorce. Our client is a Brazilian national who arrived in
Dublin Circuit Court awards damages for assault
On 17th January, our client was awarded €59,742.32 damages by Dublin Circuit Court against Michael Waters. Mr Waters, a Barrister, had previously been convicted of assaulting our client at the creche which she owns and operates. Judgement had been given against Mr Waters at an earlier court sitting even though
Purchase of Irish property by non-residents
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,
Illegal Evictions – Tenants
The rules around residential leases and the termination of tenancies is complicated. Sometimes, an illegal eviction can occur due to a technical breach by a landlord. Other times, it is quite clear that the landlord in question has no regard for the law or their tenants’ rights. No one should
Notify ISD (Immigration Service Delivery) of change of address
. 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
ISD notice – Scam Calls
The Department of Justice Immigration Service Delivery (ISD) released a notice regarding scam calls portraying to be ISD officials. We kindly urge our clients and the wider public to be vigilant when receiving calls from unknown numbers and to not engage at all when uncertain. ISD confirms they will not
Stamp 4 Renewal – Regularisation of Long Term Undocumented Migrants Scheme (Undocumented Scheme)
The Regularisation of Long-Term Undocumented Migrants Scheme was launched 31st January 2022 and closed on the 31st July 2022. Applicants who were successful would have had a decision issued to them some time in 2022. Subsequently a 2-year “Stamp 4” permission was issued upon registration. Therefore, Stamp 4 permissions issued
EU Treaty Rights and Family Members
What are EU Treaty Rights? When immigration specialists speak about EU Treaty Rights, we are referring to the right of EU (and Swiss) citizens to be accompanied or joined by their non-EEA family members when working, studying or residing with sufficient resources in the EU.We call them “Treaty Rights” as
BUYING A SECOND-HAND PROPERTY: ONE VITAL ASPECT THAT SHOULD NOT BE OVERLOOKED:
It is of vital importance that a purchaser of a second-hand property, ensure that they instruct a suitably qualified Engineer/Architect to carry out a structural survey report. You may have come across the old Latin phrase “Caveat Emptor” which translates to “Let the Buyer Beware” or more loosely put “buy
Employment Permit Updates
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
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