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IMPACT – MEDIUM
What is the change? The Irish Naturalisation and Immigration Service EU Treaty Rights Unit is dealing with a backlog of applications that has led to significant delays.
What does the change mean? EU Treaty Rights applicants should anticipate processing times of about 10 months from the receipt of an application. Acknowledgements of receipt of application and the granting of temporary permission pending a decision on the application, is taking 12 weeks or longer. • Implementation time frame: Immediate and ongoing. • Visa/permits affected: EU Treaty Rights applications, including Forms EU1, EU1A, EU2, EU3, EU4 and EU5 applications. • Who is affected: EU Treaty Rights applicants, including non-EEA qualifying family members, non-EEA permitted family members, EU nationals applying for permanent residence and non-EEA nationals applying for permanent residence as a family member of an EU national. • Impact on processing times: EU Treaty Rights applications are taking about 10 months, instead of the usual six months. Acknowledgements are taking 12 weeks or more, significantly longer than usual. • Business impact: Businesses employing affected EU Treaty Rights applicants may need to factor the delays into their schedules. • Next steps: BAL will monitor processing times and notify clients of any significant changes. Background: The delays are due to a large volume of applications. While processing times are averaging about 10 months, times may vary depending on the complexity of the application. Applicants are asked not to contact the INIS’s EU Treaty Rights Unit about their application “unless absolutely necessary” in order to allow officials to “devote the maximum time to the processing of applications.” Qualifying family members or permitted family members needing to extend their temporary permission to stay in Ireland may contact their local Registration Office.
BAL Analysis: The INIS has not indicated whether it expects processing times to improve any time soon. For now, applicants should expect delays in EU Treaty Rights applications, as described above. Those needing to obtain information about an application or extend their temporary permission can contact their BAL professional for assistance.
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.
Follow us on Twitter: @BAL_Immigration About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, 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 has adopted regulations that will standardize limitations on holiday working hours for non-EU/EEA students with a Stamp 2 work permission.
What does the change mean? Beginning Sept. 1, non-EU/EEA students with a Stamp 2 work permission will be permitted to work up to 40 hours per week from Dec. 15 through Jan. 15. They will also be permitted to work 40 hours per week in June, July, August and September. During all other times of the year, affected students will be limited to 20 hours of work per week.
Background: Non-EU/EEA students holding a Stamp 2 work permission are permitted to work in a “casual part-time capacity” without obtaining a work permit. With the change, Ireland is moving to standardize the holiday hours during which affected students can work. Previously, the country relied on a system where colleges could issue “holiday letters” on behalf of students in order to allow them to work more hours than would normally be permitted. That system, however, will be replaced on Sept. 1 by the standardized system described above.
The hour limitations are strict and represent the maximum amount that students can work in any given week, not the average number of hours they work per week. Permission to work ends when the student’s Stamp 2 work permission expires. Affected students are not permitted to work as taxi drivers or engage in self-employment. One exception to the standard rule does exist, as outlined in the notice ‘Students availing of the Third Level Graduate Scheme – Stamp 1G’.
BAL Analysis: Businesses should evaluate their business plans to ensure that they can meet labor needs without running afoul of the hour restrictions for students holding a Stamp 2 work permission.
IMPACT – HIGH
What is the change? A highly anticipated online employment permits application system will launch in September, making the application process smoother and faster.
What does the change mean? The Department of Jobs, Enterprise and Innovation is requesting that employers refrain from submitting new employment permit applications until the faster online system begins operation in September. It is BAL’s view that applications are likely to be delayed while the transition to the new system takes place. In addition, it is likely that applications filed under the new electronic system are also likely to be delayed in the immediate term while employers, agents and the DJEI adapt to the system.
Background: Ireland announced plans for the Employment Permit Online System (EPOS) last year. EPOS is expected to streamline the application process by allowing users to complete applications, upload supporting documentation and pay government processing fees through one platform. It is also expected that companies will be able to apply for Trusted Partner status through EPOS.
BAL Analysis: BAL, among others, has been lobbying the DJEI for an online application system for some time. As the rollout has been delayed since 2015, the planned September launch is welcome news to BAL and our clients. The move to an online application system should improve the process and turnaround speed of employment permit applications in the medium to longer term. BAL would highlight that in the short term there are likely to be processing delays.
What is the change? Irish officials have signed the European Union (Posting of Workers) Regulations 2016 into national law, creating new notification requirements for companies posting workers in Ireland and increased rights for workers to file claims against employers.
What does the change mean? Companies are now required to notify Ireland’s Workplace Relations Commission when posting workers to Ireland. Posted workers may benefit from changes to how the commission will handle claims of unfair employment, including changes aimed at holding contractors responsible, in some cases, if subcontractors do not follow wage laws.
Background: The recently adopted regulations build on past regulations to protect posted workers (workers employed in one EU country who are sent to another EU country on a temporary basis).
Among other changes, the regulations: impose new requirements that foreign service providers notify the Workplace Relations Commission when posting workers to Ireland, hold contractors in the construction sector liable if subcontractors pay posted workers less than the applicable statutory rate, create a process whereby posted workers name both the contractor and subcontractor as respondents in claims filed with the commission, provide a “due diligence“ defense for contractors named in such claims and allow for the enforcement of cross-border penalties and fines when applicable.
BAL Analysis: The changes affect companies posting workers to Ireland and contractors and subcontractors employing posted workers in Ireland. Affected employers should be sure they are familiar with the new regulations and should contact their BAL professional with any questions about how to remain in compliance.
What is the change? The Department of Foreign Affairs has said it will unveil an online passport renewal service as soon as early 2017, Irish media outlets reported this week.
What does the change mean? Irish citizens around the world will be able to renew their passports online without having to visit an embassy or complete a hard-copy application. The program was announced as Ireland is experiencing a surge in passport applications from U.K. citizens following the U.K.’s vote to leave the European Union.
Background: Ireland’s 2016 budget allocated €4 million to develop a “more efficient passport application process,” including an online application service. Demand for Irish passports has been on the rise, particularly since the U.K.’s vote in June to leave the EU. The Department of Foreign Affairs confirmed this week that it is working on an online passport renewal service that is expected to be available as soon as early 2017. Few details are available at this point, but the program is expected to ease passport renewals.
BAL Analysis: The online system is expected to make passport renewal significantly easier. Until the change is implemented, those applying for or renewing Irish passports should factor in the increased demand, as well as the peak summer season. Renewal applicants should allow at least two months. Those applying for their first passport require additional screening and should allow at least one month if they reside in Ireland and at least two months if applying from outside. BAL can assist in the process.
What is the change? Ireland will soon shift formal responsibility for immigration registration from the Garda National Immigration Bureau to the Irish Naturalisation and Immigration Service.
What does the change mean? The Minister for Justice and Equality is expected to sign a statutory instrument in August or September to formally transfer authority from GNIB to INIS. INIS, with support from GNIB, is already taking the lead on immigration registration. Non-EEA nationals who arrive in Ireland with the intention of staying more than three months now register at GNIB offices staffed by INIS officers. Ireland has also announced that beginning in August or September it will move to an online booking system for immigration registration that should save registrants significant time.
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 registration card. Registrants in Dublin are required to register at the GNIB offices in Burgh Quay, while those outside of Dublin must contact a local GNIB station. This process remains unchanged even with the shift in authority, as INIS staff is now working out of GNIB offices to handle immigration registration.
BAL Analysis: INIS’s assumption of immigration registration responsibilities follows Ireland’s move to put INIS in charge of the entry visa and re-entry visa processes. The INIS online appointment system, once implemented, is expected to ease the burden of registration because those in need of registering will be able to select an appointment time that works with their schedule without waiting in queues.
What is the change? Ireland has announced that it will move to an online booking system for immigration registration this fall.
What does the change mean? Non-EEA nationals required to register with immigration within three months of arriving in Ireland 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). For those in Dublin, this process involves registering at the Garda National Immigration Bureau (GNIB) offices in Burgh Quay, and for those outside Dublin, it involves contacting local GNIB station. Wait times for appointments can be long and applicants often have to queue for significant periods of time.
The introduction of the online appointment system is anticipated in conjunction with the transition of responsibility for the registration process from the GNIB to the Irish Immigration and Naturalisation Service. INIS already has responsibility for the entry visa and re-entry visa elements of the immigration process, and introduced an online appointment system for re-entry visa applications in Ireland last year after similar queueing issues. The new online system for immigration registration will allow non-EEA nationals in need of a registration card to select an appointment time that works with their schedule without waiting in queues or having to spent significant periods of time out of the office during business hours.
BAL Analysis: BAL has been lobbying for this change for some time and the announcement is welcome news. The online system will make registering with immigration authorities less burdensome. The system is not yet available, however, and BAL will provide an update to clients when a firm implementation date is announced.
What is the change? Ireland has made changes and clarifications to its Highly Skilled Eligible Occupations (HSEOL) and Ineligible Categories of Employment (ICEL) lists that will benefit employers and non-EEA accountants, legal and human resources professionals and technical support specialists.
What does the change mean? Affected accountants, legal and HR professionals and technical support specialists will have an easier time obtaining work authorization in Ireland, though they must meet all relevant criteria before being eligible for Employment Permits.
Background: Ireland’s Department of Jobs, Enterprise and Innovation (DJEI) announced earlier this year that it would accept submissions from stakeholders in its recently completed review of the HSEOL and ICEL. As a result of direct consultation with BAL Global, DJEI will make changes or clarifications that will help employers and non-EEA workers in affected occupations. Among the key changes and clarifications:
The changes will take effect Aug. 2. Ireland will undertake another review of the HSEOL and ICEL this fall.
BAL Analysis: The changes and clarifications are welcome news to employers and non-EEA accountants, legal and HR professionals and technical support specialists who will be affected. BAL Global invites clients to work with BAL professionals by providing any suggestions or feedback on the HSEOL and ICEL for the review Ireland is expected to complete this fall.
What is the change? A recent surge in applications for Irish passports by U.K. citizens following the Brexit vote two weeks ago is causing delays in their issuance.
What does the change mean? Irish citizens applying to renew their passports should plan for the delays and apply two to three months or more in advance. Individuals applying for a passport for the first time should plan to apply two to three months in advance if residing in Ireland and at least three to four months in advance if residing abroad.
U.K. citizens who are eligible to apply for an Irish passport based on birthright, Irish heritage or residency in Ireland are reminded that there is no immediate need to obtain an Irish passport. Brexit procedures are expected to take at least two years to accomplish from the start of negotiations, which will not begin until a new British prime minister takes office and officially invokes EU exit procedures. During this time, U.K. citizens retain all rights as EU citizens, and Irish and U.K. citizens have special rights of free movement between each other’s countries based on membership in the Common Travel Area.
Background: Individuals are eligible for Irish citizenship if they were born on the island of Ireland (Republic of Ireland or Northern Ireland) before Jan. 1, 2005 (or born after Jan. 1, 2005, depending on parents’ citizenship and residency). Those who were not born on the island of Ireland may be eligible based on a parent’s Irish citizenship or grandparent’s birthright. U.K. citizens living in Ireland may also be eligible for Irish citizenship through naturalization.
BAL Analysis: Irish citizens should factor in the increased demand, as well as the peak summer season, if needing to apply for a passport. While there is no urgent need for U.K. citizens to rush to apply for Irish passports, they may wish to review their eligibility. BAL can assist in the process.
Ireland’s head of government has appointed a new immigration minister, a move that should jump-start efforts to begin the long-awaited overhaul of the country’s immigration system.
David Stanton was appointed as Minister of State for Equality, Immigration and Integration, and is expected to play a key role in helping the government implement wide-ranging immigration reform that touches on visa processing, residence and removal procedures, and refugee policy.
No changes have yet been implemented. The bill in question – the Immigration, Residence and Protection Bill 2010 – was passed by both houses of Ireland’s legislature, but the government has yet to issue a statutory instrument to implement the legislation.
Among other changes, the bill would establish a new statutory basis for making and determining visa applications, including a process for seeking review of visa denials. The bill would not have any major impacts on the work permit process, which is handled by the Department of Jobs, Enterprise and Innovation.
BAL Analysis: While the appointment of a new immigration minister is expected to commence long-awaited immigration reform in Ireland, no changes have yet been made. BAL will monitor events in Ireland and report to clients on any significant changes to the country’s immigration system or processes.