According to INIS (Irish Naturalization and Immigration Service), there are an estimated 250000 immigration applications every year. And this includes residence permissions, visas applications, non-EEA nationals’ registrations, citizenship, and international protection. Additionally, it is expected that over 16 million passengers will be migrated by INIS through Dublin Airport. Moreover, the labor market in Ireland has significantly strengthened over the last few years, which is as a result of strong job growth and an improving economy. 

In order to make sure that the government continues to respond effectively to customer needs and the changing labor market, it came up with the INIS Service Improvement Plan which clearly states a number of recommendations that need to be addressed in the next two years. What’s more, with the hope of improving the immigration service in Ireland, the government has put forward specific strategies that they will adopt so as to tackle the inefficiencies in the delivery of public service. As the improvement plan seeks to promote the principle of tailoring immigration services based on the customer needs, the developments were pretty much welcomed in the country. 

So, the government identified the main pillars that will help in shaping the focus areas that will need improvement. The pillars include:

• Mission, legislative context and purpose
• Establishing and maintaining a secure and reliable immigration system
• Effective and efficient service delivery
• Services that are tailored based on the needs of the customer
• Investing resources in delivering change  

The government is committed to ensuring that these pillars have been fulfilled, and to ensure that happens, it has committed to undertake the following actions:

• The legislation underpinning the Irish immigration sector was considered in the improvement plan 2018-2020. Even though the legislation regarding international protection was reformed comprehensively in 2015, there are a few other immigration aspects that haven’t been looked at for years. It’s due to this particular reason that the government is hoping to modernize the migration policy by introducing an Immigration and Residency Reform Bill. In 2018, the review of the legislative landscape in Ireland commenced, and it is expected that the process will continue throughout the plan’s lifetime.  
• The government wants to enhance the cooperation with several other state agencies in order to ensure that a cohesive approach to protection and immigration-related matters has been established as well as ensuring that the rights and the needs of the immigrants are met and respected. In line with this, the government also wants to ensure that the immigration system reflects the policies of the public at large. 
• The government also wants to combine the Public Services Card with the latest Irish Residence Permit (IRP) card and integration of re-entry visas with functions of registration. 
• The government also aims to implement advanced technologies in order to boost service delivery to customers. This includes enhanced communications and online service capabilities done through communication channels as well as websites. 
• Procuring an appointment and queue management system for the immigration registration offices so as to move from paper-based processes of application to a more technologically advanced decision-making process.
• The improvement plan also seeks to strengthen border security and work together with the United Kingdom to boost the security of the Common Travel Area (CTA). It will include the following; installing 20 eGates with CCTV at Dublin Airport, additional eGates for airport news transfer facility and watch list integration. 
• The other thing the improvement plan seeks to do is to continue cooperating with the Garda National Immigration Bureau (GNIB) to carry out investigations through Operation Vantage. These investigations are aimed at catching individuals who are suspected of participating in marriages of conveniences (marriages done for immigration purposes only), particularly individuals who are facilitating such activities. 
• Also, the improvement plan aims to eliminate all the processing backlogs in key areas of business, particularly the applications for residence and international protection based on EU Treaty Rights. One way to eliminate these backlogs that the government is considering is to increase the number of staff members in all the relevant immigration offices. 
• The government also hopes to prepare a list of skills and competencies that the staff needs to undertake the work in the immigration department.
• It seeks to translate all the relevant information on the immigration website into other languages and also to translate signage in key immigration offices into major foreign languages. 
• In the improvement plan, there is also a plan to come up with a Brexit strategy in relation to the CTA. The government is considering a further roll-out of the British Irish Visa Scheme (BIVS) and is also preparing a plan on how the registration of UK citizens will be conducted. 
• More fundamentally, in order to incorporate service design thinking into the processes, the government saw it fit to start measuring the views of the customers with regards to the services provided. The government hopes to develop mechanisms to gather and assess the feedback from the customers in a more efficient and continual basis, which will be then used in iterative developments of the country’s processes and systems.  
• Moreover, as the Irish Government recognizes and values the commitment and expertise of all the staff members, it seeks to ensure that training and development opportunities are directed in a strategic manner. This will be achieved by creating a skills matrix that will benefit the individuals and the organization. The matrix will be prepared in consultation with the staff members.

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Now, after analyzing the improvement plan report, it is clear that it aims to encourage a renewed focus on matters relating to immigration and also to achieve greater cooperation among all the relevant government agencies. The improved processes hope to meet customers’ demands and also are also seen as the key in the context of increasing immigration into Ireland. Moreover, the level of flexibility and foresight from the naturalization and immigration department of Ireland is, for sure, unprecedented and incredibly progressive, with the implementation of key milestone changes – such as the abolition of re-entry visas – already in progress.  

From 1st January 2020, there will be several changes that will be introduced to the salary thresholds for critical skills work permits as well as Labor Market Needs Test for contracts of Service Employment Permits and General Employment Permits. So, here are the changes to the salary requirements for the Critical Skills Permits:

So, generally, these permits are separated into two classes:

1. Jobs on the Critical Skills Occupation List, where the salary is over 30000 euros per year and any applicants to this job group must have a third level degree or higher.
2. Jobs that aren’t on the Critical Skills Occupation List or in the Ineligible Occupations List – in this job group, the annual salary is 60000 euros and above. Also, if the applicant is able to prove that they are experienced enough for the role, then it is not a must they have a third level degree.

Now, starting January 1st, 2020, the following changes will be applicable to the above salary thresholds:

• For all jobs on the Critical Skills Occupations List, there will be an increment of 2000 euros, making it 32000 euros per year, up from the previous 30000.
• For all the jobs in the second category, there will be an increment of 4000 euros, meaning that the annual salary will increase to 64000 euros, up from the previous 60000.

The applications made by 31st December 2019 will be accepted pursuant to the previous thresholds, while those made from 1st January will follow the new salary requirements, failure to which will lead to their disapproval. So, it is important that the employers budget accordingly for the above requirements, and especially if they are planning to hire non-EEA citizens requiring a Critical Skills Permit. Note: there will be no exceptions, these changes must be followed if you want to work in Ireland.

General Employment Permits as well as contracts for services employment permits
Now, subject to a few limited exceptions, applications for these permits are subject to the Labor Markets Needs Test. What this means is that the employer is expected to advertise the position with the Department of Employment Affairs and Social Protection Employment Services or EURES network for a minimum period of two weeks. This should be done in a national newspaper for a period not less than three days and also in a job website or local newspaper for 3 days. What’s more, from January 1st, all employers must advertise the job position with the Department of Employment Affairs and Social Protection Employment Services/EURES network for a period not less than 4 weeks (28 days). Note: applications that were submitted on or before 31st December 2019 will be subjected to the previous 14-day advertisement period.

Employers should adhere to and be mindful of the above requirements, especially since it will add two more weeks to what already is a lengthy application process. And anybody who wants to apply on any of the above roles, just know that you will be subjected to the new requirements, but if you submitted your application on or before 31st December 2019, your application will be subjected to the previous requirements. One good thing that comes with all these is that advertising a job position with the Department of Employment Affairs and Social Protection Employment Services/EURES network is still free, which means that the additional time for advertising will not in any way increase the cost for the employers. Also, the local and national newspaper/job website advertising hasn’t changed, and so, the employers have to cater for the cost required to advertise through them.

Further changes to the work permit system
On November 1st, 2019, Irish Minister for Business, Enterprise and Innovation, after thorough consultations with the relevant agencies, published the general structure of the Employment Permits bill. This development was much welcomed, especially given that immigration practitioners had been eager to see it and wanted it published. The reason being, the previous employment permit system was quite inflexible, outdated and comprised a number of acts and schedules that proved to be extremely difficult to adhere to. But when the new bill was introduced, it hoped to amalgamate the previous legislation so as to be able to introduce the new changes to the permit system. Basically, the new employment permit system brings the following changes:

• A seasonal employment permit was introduced to fill short term labor shortages in sectors such as farming, horticulture, and tourism.
• A thorough revision of the Labor Market Needs Test.
• A Special Circumstances Employment Permit was introduced.
• Applications renewal as well as for Trusted Partner processes were streamlined.
• Boosts the agility of the permit system by changing operational processes to regulation for easy modification.
• In cases where the permit is not approved in prescribed circumstances, your fees are refunded.
• The definition of remuneration and all the requirements with regards to it was simplified, especially given the fact that the previous level of complexity had proved to be difficult for users of the permit system.  

Other changes included the following:

• All chef grades can now apply for a permit and the quota that was capping the number of permits awarded to chefs was scrapped off.
• All nurses are now eligible to apply for a critical skills permit (there were some nurses who were unable to apply for this permit)
• A majority of the professional jobs in the construction sector are now able to apply for a critical skills permit.
• Occupations in the construction sector such as safety manager, architectural technician, foremen, construction safety officer, civil and structural engineers, and draught-persons are now eligible for a general employment permit.
• HGV driver’s quota has now been increased by 200.
• An introduction of the additional quota of 1000 general permits for the meat processors.

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In general, these changes are highly welcomed by employees and employers, as they are expected to improve the employment permit system in Ireland, thereby increasing the benefits of economic migration to the country, which in turn boosts the economy.   

Do you have an amazing and innovative business idea that you are looking to try out and you have fancied Ireland to be the best place to set it up? If yes, then you might want to consider taking a business immigration program in Ireland. There are two immigration programs for business persons seeking to invest in the country. The first one is the Immigrant Investor Programme (IIP), which is Ireland’s investor visa. The second program is the Start-up Entrepreneur Programme (STEP), which is an entrepreneurial visa in the country. Nationals from non-EU/EEA countries are the only ones required to have these visas for them to operate a business in Ireland, as EU/EEA citizens have the freedom to go into the country to pursue their legitimate goals without any visas. Let’s take a look at the visa programs in detail:

Immigrant Investor Visa (IIP)
The following are the eligibility factors for this particular visa:

1. A 2 million Euro minimum net worth is a must
2. The investor plus their immediate family can come to Ireland on multi-entry visas and are allowed to stay in the country for a period of up to five years with a possibility of renewal.
3. If the application is successful, the investor doesn’t have to live in the country but have to visit Ireland once per year in the least.
4. For you to qualify for this visa, your investment has to be one of the following:

• Enterprise investment – this is a 1 million-plus Euro investment in an existing or new business in the country. The business can be a start-up that’s registered by the investor. The investor may choose to invest in a single Irish business or can spread their investment to a number of enterprises. For the business to be allowed to operate in Ireland, it has to be headquartered in the country, and it also has to create employment for Irish citizens.
• Investment fund – a one million-plus euro investment in an investment fund for a minimum of three years. The investment funds have to be invested in projects and businesses in the country.
• Real Estate Investment Trust (REIT) – a two million-plus euro investment in any Irish REIT which are listed in the country’s stock exchange. The investment is allowed to be spread across various Irish REITs.
• Endowment – this is a 500000 euro investment that benefits the sports, arts, culture, health or education. And if the applicants are a group of at least five persons, the endowment can be 400000 euros per individual.

Note this, the investor visa is not a citizenship-by-investment program. But those investors who are given this visa are eligible to apply for citizenship by naturalization under the same conditions and in the same way as other non-Irish citizens. Also, the government of Ireland doesn’t have any responsibility in the investment’s performance. The government considers investments to be a private matter between the concerned parties, and that it’s the investors’ responsibility, just like in any business, to assess their ventures’ potential success. Approval of an IIP application doesn’t, in any case, signify the endorsement of that particular project. It only signifies approval of the investor, and that the said investment satisfies all the requirements of an immigrant investor program.

Foreign investors should also note that in no way will a loan provided to the applicant for the purpose of IIP application be deemed as an appropriate source of funding. So, know that when applying for an IIP, a comprehensive examination is carried so as to figure out the source of the proposed resources, and you will also require the proper supporting documents which attest to the source of your funds.     

The Start-up Entrepreneur Programme (STEP)
The Irish government went ahead to offer an entrepreneurial visa, in an attempt to tap into the entrepreneurial potential among the migrants. This program allows non- EU/EEA citizens with a minimum investment amount of 50000 euros and has an innovative business idea to come into the country and set up a business. And when there is more than one principle and are all involved in opening the same business, then the second and subsequent entrepreneurs are required to have a minimum of 30000 euros per principle as their investment funds.

For a start-up venture to be eligible, it must meet the following requirements:

• Must introduce an innovative or new service or product to the international markets.
• Must be involved in international traded services or manufacturing
• The start-up must be able to create at least 10 jobs in the country and should also be able to realize a minimum of 1 million euros in sales during the first four years of starting up.
• The business must be led and managed by a team of experienced managers.
• The business has to have its headquarters in Ireland
• And lastly, the business has to be less than 5 years old.

For foreign entrepreneurs who are attending innovation boot-camps or incubators in Ireland, a 12-month immigration permission is granted to them. During this time, the entrepreneurs are able to prepare a STEP application and thus provide migrant entrepreneurs with an identifiable route to move from being a start-up into the realization phase of their business. What’s more, the 12 month period is also granted to non-EEA students who were pursuing advanced STEM – Science, Technology, Engineering as well as mathematics – degrees in the country and want to prepare a STEP application. The STEP program doesn’t apply to catering, retail, personal services or any other business of that sort. The reason being, these types of businesses are known to have no job creation targets, especially given the fact that they may take some time before they are off the ground.

As a foreign investor, you definitely will need information on a number of issues, such as legal and tax requirements. So, visit as many sites as possible and ensure that you gather as much information as you possibly can on the Irish legal structure and tax requirements.
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NON-EEA NATIONALS’ RESIDENCE RIGHTS IN IRELAND
If you are not from the European Economic Area (EEA) or Switzerland, there are a number of residence rights that you must fulfill for you to live in Ireland. These residence rights are granted by the Department of Justice and Equality in Ireland, where they put a special stamp on your passport. This stamp is commonly known as a residence stamp. If the permission to remain is granted, then your passport is endorsed with a certificate of registration. And it’s only after this - plus other determining circumstances governing your presence in Ireland – that your family will be able to join you in the country.

So, the following are the rules that must be met for you to be allowed to live in Ireland:
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Documentation – as a non-EEA national who desires to live in Ireland, there are some key pieces of documentation that you will have to produce. They include

• Your passport – valid for the proposed stay period, at least.
• Relevant visa – if you come from a visa-required country, you will need a visa.
• Business permission, business visa or an employment permit – those who intend to engage in business or work in the country must produce this document.

Your documentation will be examined by an immigration officer at the point of entry to Ireland. The officer might ask you if you have funds to support yourself and your family (if any), or at least how you plan to support yourself during your stay in the country. Also, you might be asked a few other questions regarding your application. So, on this matter, the onus rests with you to answer every question in a manner that satisfies the immigration officer. You will also need to prove the authenticity of your credentials to the immigration office.

The requirement to prove your identity – on arrival to Ireland, non-EEA nationals must produce their passport or an equivalent identity document at the immigration office. Also, non-EEA nationals already in the country should provide a registration certificate or any other document on demand to the Garda, immigration officer or even the minister. Only persons of 16 years of age, and not born in Ireland, are exempted from this requirement. As for all non-EEA nationals born in Ireland, they are required to produce identity documents to the relevant authorities.
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Certificate of registration – after the immigration officer approves everything, he/she will then endorse your passport with the appropriate stamp. And if your proposed stay exceeds 3 months, you will need to register with your local immigration office for a certificate of registration – also known as an Irish Residence Permit (IRP). Besides showing the type of residence you hold, this permit – based on your nationality and legal status – can function as a residence document or a residence card. Please note that the permit is not an identity document: as it just a certificate required by the law in Ireland.

Family members – your right to bring family members to Ireland totally depends on the rules governing your presence in the country. For instance, if you hold a General Employment Permit, you will be able to bring your family into the country only after working in Ireland, legally, for about a year. Also, you will have to prove to the immigration officer that you will be able to support your family without any recourse to public resources. In practice, it means that you have the ability to support each and every member of your family without qualifying for Family Income Supplement.

Visitors who are not allowed to work – non-EEA nationals coming to Ireland as a tourist, a visitor, the civil dependant or partner, or even a spouse to an employment permit holder, or coming to receive medical attention in the country, your passport will be endorsed with a stamp 3. However, a spouse to a Critical Skills Employment Permit holder can have his/her passports endorsed with a Stamp number 1, allowing you to work. With stamp number 3 on your passport, you are not entitled to engage in any profession, business or work while in the country, and the period the stamp stays valid depends on your circumstances.

Persons who are allowed to work – all non-EEA nationals who intend to work in Ireland must have an employment permit. There are some non-EEA students who can do casual work. What’s more, persons with stamp number 4 on their passports don’t need any permission for them to work in the country.

EU treaty rights – for non-EEA family members who are granted permission to remain in the country under EU Treaty Rights, when they apply with the immigration office, the card they will then receive does have the wording ‘4 EU FAM.’ As a holder of this card, you will be exempted from visa applications, and you won’t need business permission or employment permit for you to work.

Employment permit for 5 years – if you’ve been legally working in Ireland for 5 consecutive years, then you will no longer require a permit for you to work. All you can do is to apply with your local immigration officer, and you will be issued with stamp 4 permission for a period of one year. You will be able to renew this permission annually, and you will be able to take up any job you want.

Other categories that are eligible – even if you are a non-EEA national, but you are in Ireland as a civil dependant or partner, or as the spouse of an Irish, a Swiss, or an EEA national, you will get a stamp 4, which will allow you to work or engage in any business without the need of an employment or a business permit. You are also eligible for a stamp 4 if you fall under the following categories: programmers or convention refugees; or former asylum seekers who have been granted permission to remain.

Long-term residence rights – if you have legally remained in Ireland for 5 years or more, you can acquire long term residence rights. After this period, you will still be required to apply for a certificate of registration but you won’t need a business or employment permit to work.            

We can all agree that Ireland is a fantastic place to visit or live. The country has seen an increase in the number of immigrants in recent years. The reasons for this increase are varied and the processes as well. So, let’s take a look at the top 5 ways to legally immigrate to Ireland:

1. Employment– There are those people who are looking to move to Ireland for employment-related reasons, or just want look for employment in the country. Well, if you are one of these people, there are steps that you will have to take so as to get the work permit. First, you will need to research on the immigration laws of Ireland that are specific to your home country. You can get this information through the Naturalization and Immigration Service of Ireland. Secondly, you find whether you will need a visa to be allowed in the country, or not. Note this, if you live in countries like Canada, Mexico, USA or any European country, you probably don’t need a visa. But if you don’t reside in any of these countries, you will have to apply for a visa. You can do this at a Consulate or an Irish embassy. Also, note this, the visa only allows you to seek entry to the country but does not guarantee entry. Thirdly, you will need to find employment in a category that will enable you to have work permit or a Green Card. These jobs are categorized into two: one that includes 30’000 EUR or more as a salary and one that includes 60’000 EUR or more. This jobs should be in occupations that are considered to be ‘strategically important’, such as IT professionals, nurses and high skilled jobs. The fourth step is to apply for a work permit, which could be done by either you or your employer. To acquire the green card, it will cost you 1000 EUR and will be valid for 2 years. The fifth step is to register with the immigration department. Once your work permit and visa application become successful, you can now travel to Ireland. Upon arrival, you have a period of 90 days to register your residency with the Immigration bureau. Lastly, if you wish to remain and retire in the country, ensure that you get permission. But you have to prove to immigration officers that you won’t be a burden to the country. Once you prove this, you will be allowed to live there for a period of five years, during which you may renew your permission before the end of the period.
2. Education – For students seeking to study in Ireland, there are several steps which you have to follow before you are allowed in the country. They include the following: first, you will have to determine your student status, whether you are under the degree or non-degree Programme. In 2010, there were new guidelines put in place dividing students’ regulation. The Degree Programme covers full-time students pursuing a bachelor’s degree to a doctorate degree, whereas the Non-Degree Programme covers those pursuing English language or further education courses. Secondly, apply for a visa if you need one, at the Irish embassy in your country of residence. Thirdly, you will have to register with immigration department in Ireland. If you have enrolled to the university and have been accepted on a degree or a non-degree programme, and have a visa, you can now travel to Ireland where you will have 90 days to register your residence with the immigration bureau. This should be done in person, so, present yourself to the immigration officer in the Garda station, either in Dublin or any other station outside Dublin. 
3. Long-term residency or asylum– The first step towards long term residency in Ireland is determining whether you actually qualify to be a long term resident. Some of the allowable situations are when a non-Irish citizen becomes dependents or a spouse to an Irish citizen, or a worker who has been residing in the country legally for more than five years. Also, if a citizen is granted long term residency in Ireland, his/her spouse can apply to be a long term resident as well. The second step is to go ahead and apply through the Irish naturalization and immigration Service. The documents that will be needed include visas, passport, work permits, certificate of registration, and any proof of residency or relationship. A fee of 500 EUR will also be needed. This process may take several months to be finalized. The third step is to renew your long term status since it expires after every five years. If you have been granted the long term status before, and want to renew it, you don’t need to apply again, just present yourself to your local immigration office and renew it. Lastly, find out if you qualify for refugee status for permits in the country. This status is granted to an individual with a well-founded fear of being harmed on the basis of religion, race, membership to a particular political opinion or social group, nationality, or is out of home country and is unable to avail him or herself to her country for security reasons. Such persons can seek asylum in Ireland. They just need to present themselves to an immigration officer for interview, and thereafter sent to the Refugee Office for further application processes.
4. Becoming an Irish citizen – This is the fourth method to look at if you are looking to migrate to Ireland. The first step towards becoming an Irish citizen is to familiarize yourself with all the requirements needed to be a citizen. The method in which a non-Irish citizen becomes a citizen is referred to naturalization. For you to apply, you need to be 18 and above, have good character, be a resident in the country for a considerable amount of time, or make a declaration of loyalty. The second step is to figure out if you’ve been in the country long enough to apply for citizenship. You must have been a resident for several years to be even considered for application, let’s say 9 years. Also, ensure that you meet all the other requirements before considering to apply. If you have, apply for naturalization. The immigration office will conduct a background check, where your financial status will be also assessed. This process will take time, so be patient. Once this process is done, your application will be sent to the justice minister who has the absolute power to either accept or reject your application.
5. Immigrant investor programme – This programme provides approved non-Irish investors with a range of investment options, thus allowing them and their immediate families to come to the country through multi-entry visas and stay up to 5 years with a chance of continual renewal. When the investor invests in Ireland, he/she contributes to the country’s economic growth and also creates jobs for Irish people, which sits well with the Irish government. For you to be allowed in the country as an investor, you must have legally acquired and owned the funds you are looking to invest. Note: borrowed funds are not allowed. The minimum net worth of the applicant has to be at least €2 million. Also, you must be of good character and must not have any criminal charges in any jurisdiction. If you meet the above requirements, you can apply on any of the investment options offered by the government, and if approved, you and your family are granted permission to reside in the country. Also, this permission is only renewed for three more years, after the first five years. If the investor plans on staying in the country longer, they are allowed to apply for long term residence. But remember, you don’t have to reside in the country after starting your business, but you will be required to visit the country at least once in a year. 

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