NOTE ON DEPENDENT – TYPE VISAS

We have recently received a notification from the Irish Embassy in New Delhi that the issue of dependent-type visas is currently ‘being developed.’ 

As a result of this new development, such applications where dependent family members seek to join family members in the State, are being temporarily suspended for a number of weeks pending publication of an appropriate policy. 

Such applicants will possibly have a long delay on their visa applications for family members. We have experienced a range of queries from both non-Irish and naturalised Irish persons living in the State in respect of their family members residing abroad who wish to join them. Such family members are either financially, emotionally or socially dependent on their family member(s) in Ireland. Over the years, we have never seen a policy in place to deal with such applications. It apparently depends on the Embassy handling the dependent –type application. For example an application for a dependant father to join his daughter and her Irish husband in the State through the Beijing based Irish Embassy was said not to exist – the Embassy advised that it would be refused as such application could not be processed. Some clarity on the issue would be a welcome step! 

Sarah Henry

Brophy Solicitors

Flexible visa procedures put search for talent first

An article in the Irish Times from Thursday, 23 August discusses the need for flexible visa procedures for non-EU researchers to enter the state. One of the main issues regarding immigration is the concern that foreign nationals will overtake the job market, leaving Irish citizens without work, or that they will become a burden on society, however, this isn’t a concern regarding researchers. Ireland welcomes foreign researchers, believing that they can only benefit the state by bringing their expertise and experience over. Countries will frequently set immigration barriers to prevent non-EU workers from overcrowding the job market, but it is important that researchers are able to easily obtain a visa.

In 1998, France was the first country to pioneer the Scientific Visa, where non-EU researchers could enter the state and work without needing to apply for a work permit, as well as obtaining the right to have family members join them immediately. This attracted a number of researchers into the State. Then, in 2005, the European Third Country Directive mandated that Member States within the Schengen zone adopt the French model. Once a researcher lawfully enters a Schengen area, they can move freely throughout the area. Ireland is not a Schengen country, but the government has signed on to the directive. The article reports that “The scheme targets non-EU researchers employed by the Irish higher education and public research sector as well as companies involved in research, development and innovation.” The Hosting Agreement, in conjunction with the scheme, provides that the researcher has the same rights as a Green Card holder.

The article concludes, “Given the global competition for talent, it is essential to have schemes like the Hosting Agreement in place so we can continue to attract researchers to Ireland.”

Brophy Solicitors

24.08.12

http://www.irishtimes.com/newspaper/sciencetoday/2012/0823/1224322752237.html

Theresa May blocks Chinese visa changes over security fears

An article from the UK Guardian on Thursday, 16^th August, discussed how Home Secretary for the UK Theresa May blocked an attempt to make it easier for Chinese visitors to obtain visas to visit the UK. She argues that it would “pose a national security risk,” and she blamed poor visitor numbers on “tourism chiefs not promoting Britain’s natural beauty properly.”

Culture secretary Jeremy Hunt revealed an £8m plan following the Olympics to triple the number of Chinese visitors to Britain by 2015, but May has stated her opposition to this plan. Currently, Chinese visitors are able to obtain an EU visa that allows them to visit 25 EU countries, but they need a separate visa to enter the UK. Hunt’s plan would make obtaining a UK visitor’s visa much easier for the Chinese visitors, but May has argued that “visa checks in Europe ‘do not match the UK decision quality’” and claimed that “British visa controls are a ‘key tool in protecting the public against significant harm.’” She cites national security as one of her main motivations for rejecting the plan, fearing that allowing more Chinese nationals to visit the UK would lead to more crime and a reduced sense of national security.

The article concludes by admitting, “The government is particularly keen to attract Chinese tourists because they are estimated to spend an average of three times more than other overseas visitors, but France receives 25-50% more Chinese tourists than the UK.

Brophy Solicitors

22.08.12

http://www.guardian.co.uk/politics/2012/aug/16/theresa-may-blocks-chinese-visa

Work visas not working for tech sector

While most industries in Ireland are stagnant or declining, the technical sector is experiencing surprising growth, reports an article in the Irish Times from Monday, 23^rd July 2012. There is an increased need for highly skilled technical workers, but the graduates from Irish universities are not sufficient to fill the demand. Companies are attempting to fill the vacant jobs with international workers, but they’re experiencing trouble with the bureaucratic element.

In Ireland, workers are given a green card, which allows them to obtain a visa to work in the State. The green card scheme is designed to recruit highly skilled workers to fill specific voids in various industries in Ireland. In order to obtain a green card, however, the worker must already have a job. In the time it takes to process the paperwork, the worker might not be available anymore. Smaller firms especially have a difficult time with the bureaucratic process, considering that many of them do not have an HR representative.

Most of the EU operates under a blue card scheme, which is an easier process. A blue card allows a highly skilled technical worker to enter into the EU and work in the region, allowing for a greater flexibility and mobility. Most of the EU already operates under this system, with Germany set to implement it on 1^st August. However Ireland, along with the UK and Denmark, has not participated yet.

Zartis is a software recruiting website, and John Dennehy, an employee, commented on the situation. He said, “If you brought in 10,000 people with computer science degrees, they would all have jobs within two or three months. Companies are crying out for those skills. We don’t have enough people in Ireland. They’re not going to take anybody’s jobs, because they are vacant.” His speech highlights one of the top concerns that governments face when bringing in international workers. A government does not want to handicap its own industrial sector by allowing international workers to arrive that might steal the work from Irish nationals, but Dennehy’s point is that the jobs are vacant anyway. People have expressed concerns that open borders might be taken advantage of, but for right now, the negatives are outweighed by the benefits.

Brophy Solicitors

24.07.12

http://www.irishtimes.com/newspaper/finance/2012/0723/1224320622064.html

Short Stay Visa Waiver Programme - Who Is Covered?

NEW SHORT STAY VISA WAIVER PROGRAMME

Ireland’s first ever short-stay visa waiver programme was announced on 30th June. It relaxes restrictions on who must apply for short stay visas in a bid to attract tourists visiting the UK to extend their trip to come to Ireland. The current programme is a pilot that will run until October 2012, taking in the Olympics in London in 2012.

In response to some queries we have had in on how the programme applies, here is a brief summary. 

Firstly, note that the waiver only applies to a specific list of nationalities, many of which are currently ‘visa’ countries. The sixteen countries included are: India, Kazakhstan, Peoples Republic of China, Uzbekistan, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Belarus, Montenegro, Russian Federation, Serbia, Turkey and Ukraine.

Secondly, potential applicants should note that the waiver only applies when the applicant already has lawful permission to enter the UK as a tourist or business person. They will be permitted to enter the State for 3 months or until their UK visa runs out, whichever is the shorter.  

It is also worth noting that the initiative allows long-term residents of the UK who are nationals of the listed countries to have the cost of an Irish visa waived.

We welcome this pragmatic initiative. Further details of the new initiative are available here 


Brophy Solicitors 
25.07.11

Keeping you up to date on Zambrano

MINISTER SHATTER’S RESPONSE TO ZAMBRANO

The recently appointed Minister for Justice, Equality and Defence, Mr Alan Shatter, has released a statement in response to the ground breaking judgement by the European Court of Justice  in Ruiz Zambrano v Office National De L'Emploi –  (Case C-34/0). 

The Minister has confirmed that the Department of Justice will examine all cases before the courts where parents of Irish citizen children have challenged deportation orders against them. He has confirmed that the Department will also commence an “urgent review” of all pending applications to revoke deportation orders where the Zambrano judgement may be relevant. The Minister has even specifically referred to cases where deportation orders have already been carried out.

Mr Shatter is further quoted in The Irish Times today as follows;

“Where there is an intact and real relationship there is very little doubt the child is entitled to both parents living with them in the State”.

It thus appears now that the Department face the task of assessing hundreds of cases whereby non EEA parents of Irish citizens have been wrongfully refused the right to live and work in the State.  From the comments of Mr Shatter, it seems that many of these decisions may be quashed by the Department of Justice and permission granted without the need for High Court litigation. This is a very positive and essential step the Minister has taken in order to avoid a flood of High Court Judicial Reviews in respect of each individual case.

In light of this statement, Brophy Solicitors would strongly recommend that all non EEA parents of Irish children who are currently residing in the State without lawful permission, or who have a restricted residency permission, or who have been refused visa to enter the State, or already been deported,  immediately submit an application to the Department of Justice for consideration on the basis of the Zambrano judgement. Please contact us if you have any questions in this regard. 

Karen Berkeley, Brophy Solicitors 

22.03.11