Citizenship & Immigration
 

The Irish economy grew very rapidly in the 1990s and Ireland came to be known as the "Celtic Tiger". Despite the current global economic downturn the Irish economy continues to experience one of the highest growth rates in the OECD. As a consequence of the improved economic performance in recent years there has been a significant increase in immigration to Ireland.
The following factors prove very attractive to immigrants when looking at Ireland as a potential home:


• A well developed and highly sophisticated telecommunications and broadband infrastructure and an efficient and frequent air and sea transportation system giving ready access to the UK and the rest of Europe.
• An educational system that has through sustained investment produced one of the highest educational participation rates in the world - 81% of Irish students complete second-level and approx 50% go on to higher education.
• A comprehensive banking infrastructure that is fully equipped to meet any international banking requirements.
• We are a Member State of the E.U.
• We are the only English speaking member of the euro-zone.
• A neutral country with a good human rights record.
• We have a constitutional parliamentary democracy.
• Ireland permits dual citizenship.
• A competitive, open and transparent tax regime. The corporate tax rate of 12.5% on "trading" activities is far below the EU average of 30%.
• The taxation system is based on the notion of Residence rather than Citizenship.
• Ireland has double taxation agreements in place with 42 countries and several new agreements are currently being negotiated.

 
 
Immigration  

People travelling to Ireland may be placed in two broad categories, those who require an entry visa and those who do not. All non-European Economic Area (EEA) nationals, whether visa required or not, are subject to Immigration controls upon arrival in Ireland.

A person can be granted up to 90 days permission to remain as a visitor upon arrival in Ireland provided they can satisfy an Immigration Officer that they have sufficient funds to support themselves, that they have a valid visa if one is required and that they will not breach Irish immigration or other laws. Persons who wish to reside in the State for longer than 90 days must register with their local Garda Registration Officer and apply for further permission to remain before their initial leave to enter expires. Further permission to remain can be obtained in the following circumstances provided specific criteria are satisfied: to take up employment; to study; to operate a business; dependant family member of an Irish or EEA national residing in Ireland; on humanitarian grounds.

Entry Visas
Nationals of certain countries require entry visas when travelling to Ireland. The nature of the visa will be dictated by the purpose of the trip (e.g. business, work, vacation etc.) The visa must be applied for at their local Irish Embassy or Consulate before travelling to Ireland. Once an individual has entered the State with a particular visa, he/she will not generally be permitted to change the status of that visa without first leaving the country.

No Visa Required
The following is the list of countries whose passport holders are not required to have entry visas when travelling to Ireland

           
Work Permit

Any non-EEA national will generally require a work permit before being allowed to take up employment here. It is the employer and not the employee that must apply for the work permit.
The following Occupational Sectors are currently deemed ineligible for Work Permit application purposes:
• Clerical and Administrative
• General Labourers and Builders
• Operator and Production Staff
• Sales Staff, including retail sales, sales representatives and Management/Supervisory/Specialist Sales
• Transport Staff including Drivers - Bus, Coach, Car, Taxi, Fork Lift, etc. (excluding HGV and Articulated vehicle driver - International)
• Childcare Workers including Nursery/ Crèche Workers, Child Minder/ Nanny
• Hotel Tourism and Catering
• Reception staff and Barpersons
• Craft Workers and Apprentice/Trainee Craft Workers including Bookbinder, Bricklayer, Cabinet Maker, Carpenter / Joiner, Carton Maker, Fitter - Construction Plant, Electrician, Instrumentation Craftsperson, Fitter, Tiler - Floor / Wall, Mechanic - Heavy Vehicles, Instrumentation Craftsperson, Metal Fabricator, Mechanic - Motor, Originator, Painter And Decorator, Plumber, Printer, Engineer - Refrigeration, Sheet Metal Worker, Tool Maker, Vehicle Body Repairer, Machinist – Wood (Excluding Plasterers and Aircraft Mechanic/Engineer)
These categories may be amended from time to time depending on the labour supply.

             
Working Visa

There is a "Working Visa" and "Work Authorisation" scheme in operation to facilitate the recruitment of suitably qualified people from non-EEA countries for designated sectors of the employment market where skill shortages are in particularly short supply. This scheme makes it possible for prospective employees with job offers from employers in Ireland to obtain immigration and employment clearance in advance from Irish Embassies and Consulates.
The issue of a Working Visa or Work Authorisation does not give the holder an automatic right to enter Ireland as Immigration Officers retain discretion in specified circumstances to refuse entry to any non-national.
Applications for Working Visas and Work Authorisations will only be accepted when the application is made from outside of Ireland. Applications must normally be made through the Irish Embassy/Consulate in the applicant’s country of permanent residence.
At present the designated categories of employment for which a Working Visa or Working Authorisation may be issued are:
• Information and computing technologies professionals
• Information and computing technologies technicians
• Architects, including architectural technicians/technologists
• Construction engineers, including engineering technicians
• Quantity surveyors and Building surveyors
• Town planners
• Medical Practitioners
• Registered Nurses
• Dentists
• Specified professionals in the Public Health and Social Care sectors

               
Business Permission

Any non-EEA national wishing to establish a business in Ireland will be required to apply for Business Permission. In order to obtain Business Permission the following criteria must be met:


  • The proposed business must result in the transfer to the State of capital in the minimum sum of €300,000.
  • The proposed business must create employment for at least two EEA nationals.
  • The proposed business must add to the commercial activity and competitiveness of the State.
  • The proposed business must be a viable trading concern and provide the applicant with sufficient income to support themselves and any dependants without resorting to social assistance or paid employment for which a work permit would be required.
  • The applicant must be in possession of a valid passport or national identity document and be of good character.
Citizenship  
Individuals who are born outside of Ireland can become citizens in one of the following ways:
Marriage  

Anyone who married an Irish citizen on or after November 30, 2002, can only get Irish citizenship by going through the naturalization process. Before that date, if a non-Irish citizen married an Irish citizen, he or she could make a simple post-nuptial declaration to obtain citizenship. If someone was married to an Irish citizen before November 30, 2002, they can still opt for a post-nuptial declaration, but only up to November 29, 2005. After that date, they will have to follow the naturalisation process to obtain citizenship.
To make an application for naturalisation on the basis of marriage the applicant must be married to an Irish citizen for at least 3 years. The applicant must be resident in Ireland for a minimum of 2 years out of the 4 years immediately preceding the date of application for naturalisation. Furthermore, in such a case, the final 12 months immediately preceding the application must be one of continual residence.

Children and Grandchildren  
A child or grandchild of an Irish born citizen is automatically entitled to citizenship. This is known as citizenship by "Foreign Births Registration" and the individual can apply through their local embassy and need not even visit the State.
Naturalisation (general)  
A person may make an application to the Minister for Justice for Irish citizenship through naturalisation where the following conditions are satisfied:
  • The applicant must be resident in Ireland for a minimum of 5 years out of the 9 years immediately preceding the date of application for citizenship by naturalisation. Furthermore, in such a case, the final 12 months immediately preceding the application must be one of continual residence.
  • The applicant must be resident in the State
  • The applicant must be 18 years of age or older.
  • The applicant must satisfy the Minister that they are of good character.
  • The applicant must satisfy the Minister that they intend to reside in Ireland after naturalisation.
  • The applicant must make a formal declaration of fidelity to the nation and loyalty to the state.
The Minister for Justice has power to waive one or more of the above conditions for citizenship by naturalisation in certain circumstances. Even where all of the above conditions are satisfied the Minister for Justice grants citizenship by naturalisation at his or her absolute discretion.
 
Contact
  For further information contact mark.lonergan@hlbnathans.com
 
 

 

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