Legal News Ireland

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

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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

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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

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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

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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.

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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

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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

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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

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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)

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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

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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

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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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