Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
The Interplay Between Immigration Laws in Ireland and Northern Ireland
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
Change of Employer Applications
Since 2024, if you are working in Ireland with a General Employment Permit (GEP) or a Critical Skills Employment Permit (CSEP) and would like to move jobs, you can apply to move your employment permit to another employer. To be eligible to change your employer, you must meet the following
Thinking of Selling your Property? These are the Documents you Need.
Get organised and engage a Solicitor from the outset to avoid pitfalls and unnecessary delay. Here are some of the more important documents which you will need- AML DOCUMENTS– Copy ID (passport/drivers licence) and proof of address; utility bill dated within the last 3 months). THE TITLE DEEDS- If your mortgage
Visas for Volunteers
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,
What documents do I need when applying for Foreign Birth Registration? Are there alternatives to what is asked for?
To apply for entry on the Foreign Births Register and claim Irish citizenship, applicants are requested by the Department to provide a comprehensive set of original and certified documents. These include: Applicant Documents: Documents for Irish Ancestor (Parent or Grandparent): What if I can’t provide these documents? The FBR Unit
Employment Visa Appeal
An Afghan refugee, resident in Pakistan, has recently succeeded in his application to have his employment visa refusal quashed and remitted to another Department of Justice official for reconsidering. The Applicant was granted an employment permit to work as a Chef De Partie in Ireland in February 2023, but his
eConveyancing in Ireland
Buying a home is one of the biggest decisions you’ll ever make and now with Ireland is rolling out several reforms to support eConveyancing, this process is to become faster, simpler, and more transparent. What is eConveyancing? eConveyancing is the digital version of the legal process used to transfer property ownership.
Continuous Residence and Naturalisation
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 25th July 2025, Ms. Justice Siobhán Phelan refused Bulent Hicsonmez’s application for leave
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 EU citizens and their qualifying family members to move and reside freely within EU Member States, as established under Directive 2004/38/EC. In Ireland, these rights are implemented through the European Communities (Free Movement of Persons) Regulations 2015, which grant residency rights to
Voluntary Transfer of Property or Land
A Voluntary Transfer involves the transfer of ownership from one party to anotherwithout the exchange of money (i.e. as a gift) during the lifetime of the Transferor. Thisprocess is often used to transfer property between family members, such as fromparents to children or between spouses, but it can also occur
Employment Permits for Circus Artistes in Ireland: Key changes coming from November 2025
Starting from 1st November 2025, non-Irish, non-EU, non-EEA, non-Swiss, and non-UK circus artistes will be required to obtain employment permits to work in Ireland, unless they already have permission to work in the country. Applications for Employment Permits The Department of Enterprise, Trade and Employment (DETE) is responsible for managing
The 50:50 Rule in Ireland’s Employment Permit System: Legal Basis, Exceptions and Recent Amendments
The so-called “50:50 Rule” is a fundamental administrative criterion within Ireland’s employment permit regime. It is enforced by the Department of Enterprise, Trade and Employment (DETE) as a measure to ensure a balanced workforce composition between nationals of the European Economic Area (EEA), European Union, and Switzerland, and third-country nationals
Green Leases
In recent years, more and more companies are embracing ways of promoting sustainability and energy efficiency in the operation, use and management of buildings. In Ireland, there is a growing trend towards integrating ESG (Environmental, Social, and Governance) clauses in commercial leases. Initially, these clauses were aimed at newly built
Recognition of Foreign Divorces
The recast of the Brussels IIa Regulation—now known as Brussels IIb or Regulation EU 2019/1111—marks a significant step forward in the European Union’s commitment to enhancing the efficiency and consistency of cross-border family law, particularly divorces. Replacing Brussels IIa, the regulation introduces two systems: A key jurisdictional shift is from
General Employment Permits – What you need to know
If you are a non-EEA citizen seeking to take up an offer of employment in Ireland, applying for a General Employment Permit (GEP) may be a way to secure your right to work in Ireland. GEPs are available for any roles which are not included on the Ineligible List of
Family reunification for spouses and partners of Irish nationals: What you need to know?
If you are married to or in a civil partnership with an Irish citizen, you may be eligible to apply for permission to live and work in Ireland. This process allows you to live with your spouse or partner, without needing a separate workpermit. However, you must provide evidence that
Affidavit of testamentary capacity
When a person dies, one common question which can arise is whether they had mental capacity at the time they made their will. For a will to be valid, the person making the will must have testamentary capacity (i.e. be of sound disposing mind) at the time of the making
Wills and a Child’s Entitlements
Under Irish succession law, a child is not automatically entitled to benefit under a parent’s will. If a parent wants to disinherit a child or children they are perfectly entitled to do so. However, after death, a child can make a claim to the court under section 117 of the
New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
If you have Irish ancestry or Irish family members and have significant connections to Ireland then you may be eligible to apply for Irish citizenship. New guidelines recently published by the Department of Justice have clarified the requirements to qualify for citizenship under Section 16 of the Irish Nationality and
Probate: 10 steps to kick-start the administration process
When someone passes away their estate or assets pass to their personal representative. In order for the next-of-kin or beneficiaries to receive their inheritance the deceased’s estate needs to be ‘administered’ through the Probate Office of the High Court by the personal representative (Executor or Administrator). For a personal representative,
Residential Zoned Land Tax (RZLT)
This tax was introduced in 2022 and applies a tax to land that is zoned residential and has access to services (eg water/roads/lighting). The tax is 3% of the value. This tax is self-assessed – so a land owner must assess the market value and submit a return to Revenue.
Spouse of an Irish Citizen Visa Application
If you are the spouse of an Irish citizen and you would like to move to Ireland to live with them on a long-term basis, you may be eligible to do so provided you meet the Department of Justice’s conditions. The first thing to consider is if you are from
The Importance of Making a Will
Making a Will ensures that, when you die, your property and other possessions go to the people that you choose. Often, we have the mistaken belief that those who we leave behind can sort out things amongst themselves. However, this should not be left to chance. If you don’t make a
Naturalised Irish Citizen but living abroad? Now read on…
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
Importance of carrying out a Planning Search before signing contracts for the purchase of a property
The Law Society Standard Conditions of Sale 2023 relating to the sale of property are very specific on Planning matters. Under the terms of the contract, General Condition 32 states a Vendor warrants that: However, whilst this warranty is welcome, it would be extremely careless for a Purchaser to rely
Citations in Probate: What to Do When an Executor Delays Grant of Probate
We are often approached by beneficiaries of estates inquiring about their rights when the Legal Personal Representative of a deceased person is refusing or delaying to take steps to extract a Grant of Probate/Letters of Administration. In such cases a beneficiary can issue a Citation in the High Court Probate
Starting a Business in Ireland: The Start-up Entrepreneur Programme (STEP)
For entrepreneurs looking to establish an innovative business in Ireland, the Start-up Entrepreneur Programme (STEP) offers a unique opportunity. Launched by the Irish Government in 2012, STEP provides a pathway for non-EEA nationals to secure residency while developing their business in Ireland. Who Can Apply? To be eligible for STEP,
Independent Advice Review – Redundancy / Termination Agreements
If you are at risk of being made redundant, your employer will likely have informed you that you will need to get independent legal advice on the proposed redundancy agreement and will pay a fee for this. McGrath Mullan are happy to assist in reviewing these agreements, and to advise
Wills and a Spouse’s Legal Right Share
The Succession Act 1965 provides a spouse with some protection if they are disinherited or left less than they may have expected under a will. Under the provisions of Section 111 of the Act, where a deceased has left a will, regardless of the terms of it, a spouse is
Irish Grant of Probate, foreign domicile.
More and more, we are receiving inquiries from 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 homes, Euro
Risks when buying property at auction
Our client considered buying a commercial property at auction, for use by their business. Review of the contacts and title revealed that there was a sitting tenant in the property. The tenant had accrued rights over the property. It was a requirement of their loan offer that my client would
Commercial Property: Tenant’s Renunciation of Entitlement to Long Term Lease
Avoid Automatic Lease Renewals: Understanding Tenant Renunciation in Commercial Leases Many landlords and tenant seek to let property on short term leases of between 12 months and 4 years and 9 months. The reason the cut-off point of 4 years 9 months is used is because once a tenant is
Critical Skills Employment Permits
Critical Skills Employment Permits are available for two types of roles: Critical Skills Employment Permits differ from General Employment Permits in a number of ways, including: If you would like our assistance with a Critical Skills Employment Permit application or are seeking advice on employment permits in general, please do
How to Apply for an Employment Permit in Ireland: A Guide for Employers
With a tight labour market, it is more and more common for employers to have to look beyond Ireland indeed the European labour market for talent to keep their businesses going. The Irish government facilitates this through its employment permit system, designed to address skill shortages while protecting the domestic
Insurance Claims and Bad Weather – What to Do First, and When to Contact a Solicitor
There will unfortunately be a lot of home owners, business owners and car owners up and down the country looking at hefty bills for repairs following Storm Éowyn. Hopefully a lot of this damage will be covered by an insurance policy of one kind or the other – whether that’s
Transfer of First-Time Immigration Registration to ISD
As of 13 January 2025, the responsibility for first-time immigration residence permission registrations across all counties in Ireland has been transferred from the Garda National Immigration Bureau (GNIB) to Immigration Service Delivery (ISD), under the Department of Justice. Where to register All first-time registrations must now be completed in person
E-Vetting: Electronic background check process for Irish Citizenship applications
Understanding the E-Vetting Process for Irish Citizenship Applications E-Vetting is an electronic criminal background check conducted by the Garda National Vetting Bureau. This process is a mandatory step in various official applications, including the Irish citizenship process, to ensure the applicant meets the character requirements set by the Department of
Deferral of Minimum Annual Remuneration (MAR) increase for Employment Permits
The Department of Enterprise, Trade and Employment has announced a deferral of the proposed increases to the Minimum Annual Remuneration (MAR) for employment permits, which were originally planned for January 2025. This decision follows the initiation of a review aimed at ensuring future increases are sustainable for both employers and
McGrath Mullan Christmas Opening Hours
Closed on 20th Dec at 4pm – Open 9AM on 2nd January. Thank you Merry Christmas & Happy New Year
Retiring to Ireland with Sufficient Resources
If you are a retired non-EEA national, with sufficient financial resources, and you would like to relocate to Ireland on a long-term basis, then the Stamp 0 immigration permission might be a suitable option for you. It is essential that you are retired from all forms of employment as any
McGrath Mullan LLP is now providing support with Italian Citizenship applications
McGrath Mullan LLP is delighted to announce the expansion of our services to include assistance with Italian citizenship by descent. If you believe you have Italian ancestry and wish to explore the possibility of obtaining Italian citizenship, we are here to assist you every step of the way. From gathering
McGrath Mullan LLP appointed as Legal Information Provider for the Brazilian Embassy in Ireland
McGrath Mullan LLP is honoured to have been appointed as the legal information provider for the Brazilian Embassy in Ireland. This week the partners Gerard McGrath and Taise Azevedo had the privilege of signing the agreement with Ambassador Flávio Macieira, formalising this important partnership. We are truly grateful for this opportunity and look forward
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