Legal News Ireland

Legal News

Articles, Case Studies & Legal News from McGrath Mullan Solicitors

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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Steps in Conveyance (Purchaser)

The role of a conveyancing solicitor acting on behalf of the purchaser is crucial in ensuring a smooth and legally sound transaction. The following outlines the basic steps in this process: 1. Engagement and Instruction: The first step is for the purchaser to engage a conveyancing solicitor. Once engaged, the solicitor

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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