Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
How to file a Personal Injury Claim
The Steps Involved in Taking a Personal Injury Claim Lodging Your Claim When lodging a Personal Injury claim it is important to remember that it takes time and is a lengthy process. If you have suffered from an injury, you have two years from the date of the accident to
Employment Permits for Construction Workers
The construction industry is suffering more than most from a tight labour market. Carpenters, electricians, bricklayers, and skilled tradespeople of all types are in short supply. A lot of contractors and construction recruiters are not aware that it is possible to bring in skilled workers from outside of the EU
Van Der Elst Visa
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
What is a Stamp 3 Permission and When is it Granted?
A Stamp 3 permission is a common permission given to the spouses of workers on General Employment Permits. Stamp 3 is a very restrictive immigration permission. A person on Stamp 3 can reside in Ireland, but they can’t work or engage in any business, trade or profession. There may be
What happens to my Stamp 4 EUFAM if my circumstances change?
A Stamp 4 EUFAM permission is dependent on a relationship with an EEA national, which means that if there is a change in this relationship it may impact the Stamp 4 EUFAM permission. Examples would include where a marriage or civil partnership with an EEA national ends, where the EEA
What is the Labour Market Needs Test?
The Labour Market Needs Test is a requirement for certain types of employment permit applications in Ireland. The government’s policy dictates that job openings should first be offered to suitably skilled Irish and other European Economic Area (EEA) nationals. And these opportunities should only be extended to non-EEA nationals if
Changes to Stamp 4 Support Letter Application Process
The Department of Enterprise (DETE) has introduced substantial modifications to its application procedures for Stamp 4 support letters, effective from 30th November 2023. This announcement has direct implications for specific groups, notably impacting Critical Skills Employment Permit holders, Researchers on a Hosting Agreement, and NCHD Multi-Site General Employment Permit holders
Eligibility for a Stamp 4 EUFAM application based on Marriage or De-facto partnership with an EEA national
EU Treaty entitlements refer to the rights of Union citizens and their family members to move freely within EU Member States, established by Directive 2004/38/EC. Implemented in Ireland through the European Communities (Free Movement of Persons) Regulations 2015, these laws grant specific rights based on economic activities such as employment,
Irish Citizenship by Descent
Ireland, known for its rich history, picturesque landscapes, and warm hospitality, has become an attractive destination for many individuals seeking to connect with their Irish roots. In some cases, a person’s Irish heritage may even mean they can become an Irish citizen. This is known as citizenship by descent and
The steps in a conveyance (Vendor)
Conveyancing is the legal process of transferring property ownership from one party to another. In Ireland, this process can be complex and involves several key steps for the vendor, who is the party selling the property. Understanding these steps is crucial to ensure a smooth and legally compliant property transaction.
Long Term Residency versus Permanent Residency: Who can apply?
Both Long Term Residency and Permanent Residency apply to individuals who have been legally resident in Ireland for a minimum period of 60 months (5 years). The difference lies in the type of permission that allowed them to stay in the country for that entire period. Long Term Residency applies
Citizenship Applications can now be made online
As of 16th October 2023, the process for applying for Irish citizenship has been incorporated into an existing online application portal (ISD Portal). Prior to that, applicants were required to complete a paper application form (Form 8), which had to be signed in the presence of a lawyer. Additionally, the
High Court win for McGrath Mullan LLP dismissing action for delay
Our firm has successfully secured the dismissal of High Court Proceedings for want of prosecution on the basis of inordinate and inexcusable delay. Our firm brought the application on behalf of our client, to have the plaintiff’s proceedings dismissed for want of prosecution in circumstances where due to the passage
Changes to Irish Naturalisation rules
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 brought into effect by Minister for Justice Helen McEntee, has introduced significant changes to Naturalisation applications in Ireland, starting from 31st July 2023. Below are the main amendments: The previous “six-week rule” has been replaced, and now applicants are allowed to
Incentives for First Time Buyers and Eligible Home Buyers
The First Home Scheme (FHS) was recently introduced by the Government to assist first-time buyers who want to purchase a newly constructed property and are having difficulties in securing the full purchase price from their mortgage and deposit. In addition to first Time Buyers, the scheme also allows for people
Registering a Foreign Adoption
For any adoption which took place abroad to have legal effect in Ireland it must first be registered with the Adoption Authority of Ireland (AAI). In 2010 the law in relation to adoption changed substantially with the Adoption Act 2010. As a result, the AAI will only recognise two types
Adoption and Irish Citizenship
There are a number of ways a person can be entitled to Irish citizenship. Aside from applying for citizenship through naturalisation or Foreign Birth Registration, a person who was not born in Ireland will automatically be an Irish citizen if one of their parents was an Irish citizen at the
McGrath Mullan LLP welcomes the newest partners
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
The Assisted Decision-Making (Capacity) Act 2015
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
Closure of the Immigrant Investor Programme
The Minister for Justice, Simon Harris TD, has announced the closure of the Immigrant Investor Programme (IIP) in Ireland to all new projects from 15th February 2023. The IIP was introduced by the Irish Government in 2012 and it was a pathway for non-EEA nationals to secure a residence permission
Employment Permits and Redundancy
While the Irish economy still appears to be growing, we are hearing more and more from clients who are at risk of being made redundant. Making the correct return within 28 days If you are on an employment permit, it is very important that if you are made redundant that
Reckonable permissions for Naturalisation
In order to apply for Irish Naturalisation you must have lived in the State for a certain length of time. The specific requirements for an ordinary application (based on your own residency and not based on marriage or associations) are that you: Reckonable residence means residence in Ireland that counts
New roles on critical skills employment permit list
Under new changes to the employment permit system announced recently (20 June 2022), employers and employees are now going to be able to apply for Critical Skills Employment Permits for the following categories of employees: Critical Skills Employment Permits are extremely attractive to employees as permit holders are allowed bring
Bricklayers and plasterers now eligible for employment permits
Under new changes to the employment permit system announced today (20 June 2022), bricklayers and plasterers are now eligible for employment permits. This means that employers can now hire bricklayers and plasterers from outside of the European Union. This will be of significant benefit to contractors in dealing with current
McGrath McGrane LLP wins Supreme Court immigration case
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
Court of Appeal finds Immigration officer acted beyond powers
The Court of Appeal has recently found, by a two-to-one majority, that an immigration officer exceeded his permitted powers by retaining screenshots of messages from a man’s phone following an interview at Dublin Airport. In the case of Akram v. Minister for Justice and Equality & Anor [2022] IECA 108
Bicycle accident on foreign holiday in France
A client of McGrath McGrane LLP suffered injuries as a result of a road traffic accident which occurred while our client was on holidays in France. Our client was cycling in the Alps when the bicycle was struck by an oncoming vehicle. As a result of the collision, our client
Fast track to Stamp 4 for non-EEA doctors
The Department of Enterprise, Trade and Employment has announced changes to the immigration rules for non-EEA doctors. The new rules establish that doctors who have been working in the State for more than two years will immediately be able to access a Stamp 4 permission and spousal work rights. To
Cyclist in motor vehicle accident settles case for €22,500
McGrath McGrane LLP provide excellent representation to clients for injury claims. Our partners and solicitors have represented many clients in respect of accident claims, including motor vehicle accidents, workplace injuries, etc.A client recently requested that McGrath McGrane LLP act on their behalf in relation to an accident where they were
Legal professionals and employment permit eligibility
Generally speaking, “Legal Associate Professionals” such as legal executives, paralegals etc. are not eligible for employment permits, as these positions are included in the “Ineligible List of Occupations for Employment Permits” under category 352 of that list. There is an exception for employment of legal associate professionals who are fluent
Q & A – Employment Permits
We have recently received many questions about the employment permits system in Ireland. The legislation underpinning this system is complex and nuanced so it can be beneficial to seek legal advice in relation to obtaining an employment permit and certainly in relation to appealing a refusal to grant one. Below
€68,000 damages for workplace accident
McGrath McGrane LLP (McGrath Mullan) recently settled a case for in excess of €68,000.00 having been instructed by a client who suffered an accident at work. The client suffered significant personal injuries when they slipped in a stairwell at their workplace and fell down several stairs. As a result of
Car accident with uninsured driver
McGrath McGrane LLP was instructed by a client who had been involved in a road traffic accident. The client’s car was crashed into from behind while stationary. The client suffered personal injuries as a result of the crash. Although the driver of the vehicle that hit our client’s car claimed
STAMP DUTY INCENTIVES on Residential Property – proposed and existing
RTE News reports recently that new regulations which would allow vacant and derelict pubs to be turned into homes, without the requirement for planning permission, will come before the Oireachtas at the beginning of next month, February 2022. Minister for Housing, Darragh O’Brien, has also said a new grant will
Registration of Easements and Profits à Prendre
An Easement is a right which an owner/occupier of land has, by virtue of their ownership of land, over the land of a neighbour – for example, right of way, light, support and water. Profits à prendre are rights to go on another person’s land and take natural material from
Undocumented Scheme to open on 31 January 2022
The Minister for Justice has announced the launch of a scheme to allow certain people who are living in Ireland without a permission to apply for a Stamp 4 residence permission. Applications to the scheme will open on 31st January 2022, and the Scheme will close on 31st July 2022.
New scorecard approach for Naturalisation applications
The Department of Justice have introduced significant changes for applicants regarding the number of proofs required to establish their identity and residency as part of the Naturalisation application process. From January 2022, Naturalisation applications will be moving to a scorecard approach. Applicants will be required to reach a score of
Tenant awarded €15,000 damages for poor conditions
The residential tenancies board can order landlords to pay damages where the landlord fails to maintain the structure and interior of the dwelling to a standard which meets the Housing Standards Regulations. In the case of Alison Stone (tenant) v Kevin Conroy (landlord), the tribunal ordered Mr Conroy to pay
Recognition of Foreign Divorces in Ireland
If you have obtained a divorce outside of Ireland and you now reside here, it can be important to ascertain if your foreign divorce is recognised in this State. The Domicile and Recognition of Foreign Divorces Act 1986 (as amended) governs this particular issue since the act came into operation
Advertising for Employment Permits
Applying for an employment permit can be very tricky. An application can be refused for many reasons including being on the wrong application form, for not being supported by the right documentation, or not carrying out the correct advertising (the “Labour Market Needs Test”) before submitting the application. A lot
Irish citizenship for adopted children
Generally speaking, if you were born outside of Ireland and your parent (who was also born outside of Ireland) was an Irish citizen or entitled to be an Irish citizen at the time of your birth, then you are entitled to become an Irish citizen. To claim Irish citizenship in
Bullying and stress disputes
McGrath Mullan LLP was instructed by a client who had an employment issue. The client had been subjected to a series of bullying incidents which led to the client being unable to attend the workplace and being medically certified unfit to do so. The client had made the employer aware
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