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IMPACT – HIGH
What is the change? The Burgh Quay Immigration and Naturalisation Services (INIS) offices have announced closure dates for the Christmas and New Year’s holiday season.
What does the change mean? The Registration Office will close Dec. 23 at 2 p.m., and reopen Jan. 3 at 8 a.m. The Re-Entry Visa Office will be open Dec. 23 from 9 a.m. to 12:30 p.m. The office will accept only emergency appointments from Dec. 28 through Dec. 30 from 9 a.m. to 12:30 p.m. Normal business will resume at 8:30 a.m. Jan. 3.
BAL Analysis: This is traditionally the peak season for registration and re-entry visa requests, and employers and individuals should plan accordingly to avoid lengthy disruption to business schedules.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Ireland has changed its payment rules for non-EU nationals applying for short-term work through the Atypical Working Scheme.
What does the change mean? A non-refundable payment of €250 must be included with all applications. Beginning Jan. 1, payment must be completed through an electronic funds transfer (EFT). Between now and Dec. 31, payment can be made by EFT or by postal order, bank draft or company check. Applicants should note, however, that as of Dec. 1 payments made through bank draft or company check must be drawn on Irish banks.
Background: The Atypical Working Scheme allows non-EEA nationals to come to Ireland for between 14 and 90 days for types of work that are not governed by the Employment Permits Act. Applications are considered by the Irish Naturalisation and Immigration Service (INIS) in conjunction, when necessary, with the Employment Permits Section of the Department of Jobs, Enterprise and Innovation. Authorities announced changes to the payment rules last month. Those paying by check or bank draft must use an Irish bank. Checks drawn on foreign banks will not be accepted. Those paying via EFT should write “Atypical” and their full name as it appears on their passport in the “reason for payment” and/or “reference” sections. They must also mark the EFT box on their application and provide their EFT transaction code.
BAL Analysis: Those who fail to follow the new payment rules risk having their applications denied. Contact BAL if you have any questions about the appropriate payment methods.
What is the change? Foreign nationals seeking re-entry visas allowing them to return to Ireland after traveling abroad are experiencing delays of about a week, possibly because of an uptick in international travel during the holiday season.
What does the change mean? Visa-required nationals should be prepared for delays and, in most cases, should not leave Ireland or buy tickets to travel abroad without obtaining a re-entry visa.
Background: Re-entry visas are required for visa-required nationals planning to leave and re-enter Ireland. Re-entry visas can be obtained abroad, but processing can take up to eight weeks and authorities recommend that re-entry visas be obtained before departing Ireland. In most cases registered post (regular or same day post is not accepted) is the best option for submitting applications; however, a new online appointment system is also available. Emergency appointments are available in limited circumstances, such as a death in the family or the need for emergency medical treatment abroad.
BAL Analysis: The current delay is likely due to the crush of travelers during the Christmas and New Year holiday season. Those requiring a re-entry visa and planning travel in the next month or two should submit an application as soon as possible and expect delays. Contact BAL with any questions about the best options.
What is the change? High seasonal demand coinciding with the recent launch of an online appointment-booking system is causing foreign nationals to wait longer for appointments to complete registration requirements in Dublin.
What does the change mean? The Burgh Quay office of the Irish Naturalisation and Immigration Service has confirmed that individuals seeking to register should expect to book eight weeks in advance for an available appointment.
Background: A highly anticipated online appointment booking system launched last month to relieve chronic queues at the Burgh Quay office for foreign registration, which is required of all non-EEA and non-Swiss nationals staying in Ireland longer than 90 days.
BAL Analysis: Foreigners who need to register should anticipate delays in the online appointment system. Emergency appointments can be obtained in exceptional circumstances, but these appointments are at the discretion of the Burgh Quay INIS office. BAL is working with that office to obtain emergency appointments for clients on a case-by-case basis.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com
What is the change? The Irish Naturalisation and Immigration Service is advising that demand for re-entry visas is expected to be high in the coming weeks leading up to the holiday season.
What does the change mean? The INIS office recommends that foreign residents planning to travel during the holiday season apply well in advance and by post (rather than booking an online appointment for an in-person visit) for their re-entry visas.
Background: This time of year typically brings a high demand for re-entry visas by foreign residents planning to travel abroad for the Christmas and New Year’s holidays. The INIS reminds applicants that there is no need to schedule an online appointment and the fastest way to apply is by post.
BAL Analysis: Expatriate residents and their families in Ireland who plan to depart for the holidays should not leave it to the last minute to apply and obtain their re-entry visas, and should mail their applications via registered post along with original documents, including their passports, to the INIS office. Although a small number of emergency appointments are available, they will only be given in cases of serious illness or a death in the family and the applicant must have plans to travel within the following two days.
What is the change? Ireland has announced that it will extend its Short-Stay Visa Waiver Program, which allows certain non-EU nationals who hold a valid U.K. visa to travel to Ireland without an entry visa.
What does the change mean? The program will be extended for an additional five years to Oct. 31, 2021. Nationals of the 18 countries currently eligible under the program continue to be eligible for the short-stay visa waiver.
Background: Ireland introduced the Short-Stay Visa Waiver Program in July 2011 to increase tourism and business travel from emerging markets. The program was due to expire Oct. 31, 2016.
Under the program, Ireland recognizes a U.K. short-stay visa for nationals of the following countries who seek to visit Ireland:
The U.K. short-stay visa is valid in Ireland for the remaining period on the visa, or 90 days, whichever is less. Travelers must have lawfully entered the U.K. under their current U.K. visa before traveling to Ireland. Each valid stay in the U.K. (up to a maximum of 180 days each time) requires prior legal entry into the U.K. before travel to Ireland, regardless of the duration of the U.K. visa.
The Irish Embassy in London has advised that the travelers (excluding nationals of Oman, Qatar and the UAE who are traveling on an electronic visa waiver) may enter Ireland without having been to the U.K. on the same trip if they entered the U.K. within the previous 180 days. In other words, they can enter Ireland from a third country and do not need to travel to the U.K. on the same trip, as long as they legally entered the U.K. within the last 180 days.
BAL Analysis: Extension of the program for an additional five years will allow qualifying nationals to continue to benefit from reduced visa processing when traveling to the U.K. and Ireland during the same trip.
What is the change? Ireland has opened for public comment its review of the country’s immigration policy for non-EEA retirees.
What does the change mean? Stakeholders have until Oct. 31 to submit comment on a host of proposals, including lowering annual income requirements, introducing a mandatory pre-clearance system and taking into account age and health when considering applications to retire in Ireland.
Background: The Irish Naturalisation and Immigration Service recently conducted a review of Ireland’s immigration policies for non-EEA retirees, aiming to strike “the appropriate balance between the aspirations of prospective retirees and the interests of the State.” Among other proposals, INIS suggested: reducing net annual income requirements from €50,000 per person to €40,000, or €60,000 for couples; introducing mandatory pre-clearance for all applicants; requiring applicants to demonstrate a “close connection” to Ireland; limiting applicants to those between the ages of 60 and 75; and limiting applications to those who have insurance and are in good health. The program would be open to people from any non-EEA country, including visa-required nationals.
BAL Analysis: Ireland is aiming to establish clear criteria on its immigration policies for non-EEA retirees. Those interested in providing feedback should familiarize themselves with the proposals and offer their submissions no later than Oct. 31.
What is the change? Ireland’s Department of Jobs, Enterprise and Innovation (DJEI) is accepting submissions as part of its review of the Highly Skilled Eligible Occupations List (HSEOL) and the Ineligible Categories of Employment List (ICEL).
What does the change mean? Stakeholders have until Oct. 7 to file submissions. The review is designed to update Ireland’s employment permits regime and determine what occupations have shortages that can be filled with non-EEA migrants who meet other work authorization criteria.
Background: The current HSEOL and ICEL are available on DJEI’s website. In reviewing the lists, DJEI is tasked with balancing the facilitation of the entry of non-EEA nationals for jobs where skills shortages exist with the mandate to fill jobs, where possible, with Irish or other EEA workers. For an occupation to be considered for inclusion on the HSEOL or removal from the ICEL, there must be no suitable Irish or EEA nationals available, development opportunities for Irish and EEA nationals must not be undermined by allowing non-EEA nationals to work in the occupation, and genuine skills shortages must exist despite efforts to train Irish and EEA nationals for jobs that are available, among other considerations.
Ireland’s review of the HSEOL and ICEL comes after the lists were adjusted in July. Authorities indicated at that time that they would be reviewing the lists again this fall.
BAL Analysis: Employers finding it difficult to source employees for roles that are now on the ICEL may benefit from requesting that these roles be removed from the list. Additionally, roles may need to be added to the HSEOL to allow companies to continue essential strategic growth, particularly due to rapid technological changes. BAL invites clients to work with BAL by providing any suggestions or feedback on the HSEOL and ICEL for the review Ireland is undertaking.
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What is the change? An online appointment system for immigration registration in Dublin will launch Thursday with appointments commencing Sept. 15.
What does the change mean? Non-EEA nationals required to register with immigration authorities in Dublin will be able to book an appointment online for a time that is convenient for them without having to queue for appointment tickets.
Background: Non-EEA nationals who arrive in Ireland with the intention of staying more than three months must register with an immigration officer and obtain a certificate of registration (registration card). Ireland announced plans in July to move to an online appointment system for immigration registration. The switch to the online system coincides with a transition of responsibility for the registration process from the GNIB to the Irish Immigration and Naturalisation Service. After booking an appointment online, registrants will receive a confirmation email and will be directed to the Burgh Quay office in Dublin for registration by INIS officials.
BAL Analysis: The online system will make registering with immigration authorities less burdensome. Those in need of registering in Dublin will be able to select an appointment time that works with their schedule without needing to wait in queues or having to spend significant periods of time out of the office during business hours.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
What is the change? Ireland’s highly anticipated online employment system, which officials hope will make the application process smoother and faster, has gone live.
What does the change mean? Employers may now submit employment permit applications via the new Employment Permit Online System, or EPOS.
Background: Ireland announced plans for EPOS last year and officials subsequently said it would be implemented this month. The system will streamline the application process by allowing users to complete applications, upload supporting documentation and pay government processing fees on a single platform.
BAL Analysis: BAL has lobbied for a smoother application process for some time, and the online system is expected to help toward this goal. With time, the move to EPOS should improve the process and turnaround speed of employment permit applications. Short-term delays are possible, however, as the system is implemented.