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Oh! You have been granted residence in Ireland by the Minister for Justice, or maybe you are just lucky enough to join a family member. In either case, you may not require an employment permit to work in Ireland. However, if you do not fall in either category like most non-EEA (European Economic Area) individuals, then an employment permit is a sine qua non.
The organization which processes these employment permits is known as the “Department of Enterprise, Trade and Employment (DETE)”. It may be noted that there are nine different types of employment permit, and a special Hosting Agreement for academic researchers. However, the most common are General Employment Permit & Critical Skills Employment Permits.
And this blog is dedicated to understanding the difference between the General Employment Permit & Critical Skills Employment Permit.
Regarded as the key component applied by the State of Ireland to entice nationals from third world nations to work with labour shortages. This permit assumes all works to be eligible unless it is specified otherwise. One of the major significance of a “General Employment Permit” for any potential candidate is that it covers a wider range of occupations than any other type of employment permit, and may be obtained in respect of a 12 month contract of employment.
It may be noted that the said permit can be issued for an initial 2 years’ timeperiod, and can subsequently be renewed for a further 3 years. And after 5 years, the applicant may safely apply to the Immigration Service Delivery (ISD) for a long-term residency.
If you have been proposed a job in one of the three categories, then you may apply for a General Employment Permit. These include:
There are certain key points worth understanding, including:
Said to replace the “Green Card” employment permit, the Critical Skills Employment permit is made to lure highly skilled people into labour market with the key motive of encouraging them to seek PR in Ireland.
There are certain key components attached to the said permit which make it highly attractive, namely:
If you have been proposed a job in one of the three categories, then you may apply for a Critical Skills Employment Permit. These include:
It is important to understand that the said permit can only be issued for a job proposal in 2 years’ time. Permit holders are expected to stay with their first employer for a period not less than 12 months. This is important because under section 12(1) (e) of the Employment Permits Act, 2006 as amended, unless a period of 12 months has lapsed since the permit holder first started employment in the State in accordance with the employment permit, a new employment permit for a different employer cannot be examined.
Certain key components with respect to the said type of visa include:
Sr.No.
| General Employment permit
| Critical Skills Employment permit
|
1. | To entice nationals from third world nations for occupations with labor shortage | To attract high skilled individuals into labor market with the key motive to encourage them of seeking a permanent residence in Ireland |
2. | Individual with a job paying annually € 30k can apply for this permit. | Individual with a job paying annually € 32k can apply for this permit. |
3. | Family members of the individual with a “General Employment Permit” can join them in Ireland after latter’s first year of employment | Family member of the individual permit holder can join them immediately. |
The Irish Expert’s team of Immigration lawyers possess high experience in advising upon immigration related matters. If any question strikes your mind from this blog, kindly do not hesitate to contact us for advice and assistance, or, send us an email, or, simply follow us on Instagram, Facebook, or LinkedIn to remain in touch with the recent updates.
Autumn’s Approach ushers in new visa and health surcharge fees surge in the UK
Often we Indians have a dream of visiting the UK at least once in our lifetime. It may be simply through a tourist visa to see the iconic Victorian landmarks, breath-taking coastal views, or the Scottish Highlands, or a student visa to pursue higher education at one of the historical universities, or a work visa to get employed in a top notch UK-based firm/organization/company. We may have different plans, but it is important to update oneself with the latest changes in the visa application.
And one such latest update from the UK government is regarding the new fee structure for visa and health surcharge applications. Aimed towards meeting the surge in public sector wages, as the government attempts to settle disputes with trade unions over salary and employment terms. A hike of 15 % and 66% in the Visa and Immigration Health Surcharge (IHS) (hereinafter “health surcharge”) fees has been set out, respectively, across the board. However, there has been no official announcement from the incumbency as to when this substantial top up in the fees will come into effect. Moreover, the timing of the updates suggest that it may be as soon as Autumn 2023.
Key changes expected:-
Precise information with respect to the latest rules and regulations are expected soon, but the key changes are:
Rise in the health surcharge, and exceptions to the same:-
Frosted for the past three years, a surge in the health surcharge would heavily impact the total price of visa applications. And this is especially with respect to families. It is important to understand that the payment of a health surcharge is important as it ensures access to cost-free health care services for the visa applicants through the National Health Service (NHS). Now this is irrespective of the fact that the applicant has private medical insurance cover. Further, the payment of the health surcharge is made in a lump sum together with the other visa fees. The expected hike in the overall health surcharge will help compensate for the rise in the payment to doctors.
It is not necessary for everyone to pay the health surcharge fee. A person applying for a work visa for more than a period of 6 months must pay the same. However, there are certain applicants who are exempted from making the said payment. These include:
Suggestions to the Employer
Amidst the cost of living crisis, the hike in the fee structure will result in some real difficulties for individuals and businesses, with special emphasis upon new start-ups and Small and Medium sized enterprises (SMEs).
It is utterly important that a few factors are well considered by these employers to minimize these challenges:
Connect with our team of immigration lawyers for expert assistance
These headways are always tracked by the Irish Expert. Should you have any query, or need some expert advice and assistance in relation to the UK immigration laws, including crucial updates on the visa application, contact our team of immigration lawyers. Our experienced immigration lawyers assist individuals with visas, and other immigration matters across India, UK, and the UAE. We provide every client personalized access to a team of lawyers who minutely understand the complicated nexus of immigration laws and the extensive impact of these legal rules on an individual’s life. Our aim is to guide and help you !
Starting from January, 2024, students pursuing courses other than research in post-graduation programs would not be able to take their dependents. Aimed towards holding in the ever increasing net immigration. Suella Braverman, the Home Secretary, has described this new move as the biggest tightening measure the government has ever executed. The Home Secretary said the new move is upright as it allows the government to protect the public service simultaneously.
In the past few years, the UK Isles have witnessed an exponential rise in the immigration rate, with net migration running over 500,000 between the periods June 2021- June 2022 – twice more than that recorded in the year 2019. It may be noted that “Net immigration” is nothing but the difference between the number of people entering the UK with the purpose of staying 12 months or more in a particular time frame and the number of people exiting during the identical time period.
This blog is dedicated to discussing this new move by the government with respect to the international students and their dependents.
Tragic increase in the number of dependent accompanying international students & its repercussions
Since 2019, the UK has witnessed a tragic 750 % increase in the number of dependents of international students, taking the number to 136,000 people. Therefore, to curb this net migration, the UK government from January 2024 onwards has declared to prevent international students from bringing their dependants with them while pursuing their studies in the UK. These dependents include children below the age of 18, spouses, civil partners, and old parents in need of long-term care. Some of the important repercussions of this new policy include:
Major Repercussions Explained:
Pursuing any course in the UK Isles requires a huge sum of money and-therefore, more students opt for the Skilled Worker route, since the same proposes an economical and time-bound pathway to full-time employment in the UK. However, this new policy aimed towards clamping down upon the non-genuine students using the Skilled Worker Route as backdoor.
Students pursuing a graduation course have been prevented from bringing their dependents to the UK. However, they are not the only individuals to face this fate. Students pursuing a one-year Master’s course would also face an impact. And this course is quite popular among students from India and Nigeria. This decision will be a boon to the major global economies who now have a chance to welcome pioneering individuals forsaken by the UK.
Cracking down upon fake and unscrupulous agents would help other genuine agents to obtain proper professional certification and establish a firm record of ethical conduct.
Can we expect the policy to alleviate?
It is highly uncertain to expect any flexibility in the new policy. However, the incumbency in its statement has talked about its plan on working closely with UK universities to prepare an alternative procedure so as to ensure that pioneering students can bring their dependents into the UK Isles. This would be simultaneously done with reducing the net migration rate. And will be executed after proper consultation with different key stakeholders.
How useful can be “Irish Expert”?
Our Team at Irish Expert possess high experience in advising clients upon immigration matters, including student and work visa. If any question strikes your mind from this blog, kindly do not hesitate to contact us for advice and assistance, or, send us an email, or, simply follow us on Instagram, Facebook, or LinkedIn to remain in touch with the recent updates.
Making an application for a visa can be difficult and petrifying. And anybody who has been through the process of immigration understands how complicated the same can be. One of the main reasons for the said situation is the complexity of terminologies used in immigration documents, because laws relating to immigration are often cumbersome. It is therefore wise to hire an expert immigration lawyer to comprehend and handle several issues and points involved in the aforementioned process.
An experienced immigration lawyer helps you surpass the barriers of numerous obscurities and deficient information encountered during the visa application processing. Hiring an immigration lawyer saves you time and even money. Here are some of the key reasons why hiring an immigration legal expert is beneficial:
Enhanced approval rate – minimal rate of hefty blunders
The Visa application requires filing proper paperwork at the correct time with the most effective information. It is important to the entire process of getting a visa. The entire paperwork may vary from case to case and it is usually cumbersome and extensive. Proceeding without a lawyer with strong background and experience, someone well versed in the process and with a bank of knowledge and skills derived from assisting hundreds of clients, can result in un-warranted delay in the process of application – sometimes permanently stopping the application from moving ahead.
Customized service to suit your needs
Notwithstanding the individual’s situation, there are not many strategies relating to the application to choose from. With proper assistance from a strong legal representative on board, a sense of confidence can result in proper framing of decisions. Further reducing much of an individual’s mental burden. Consequently, giving the applicant a peace of mind. A lawyer, having planned a way forward, can systematically help you achieve the desired result.
Immigration lawyers at Irish Expert go over and above
In addition to customizing individual service needs, an immigration lawyer will help you through the correct pathway in achieving other legal documents an individual may require, such as a proper work permit. At Irish Expert, our Immigration lawyers advise individuals about those specific laws which are applicable to immigrants and the process of following them. It may result in individual deportation if one doesn’t abide by the laws, thus affecting individual rights in the host country. Also, our organization of strongly qualified lawyers helps you prepare for the interview at the consulate abroad, thereby streamlining the process, greatly reducing the risk of visa application rejection at the climax stage.
Advantages of choosing Irish Expert’s consistent visa processing rate
At Irish Expert, we have a commendable 90% visa processing rate, while an individual proceeding without a lawyer may have a mere 40-50% success rate. Now with such a high rate of visa approval, one can expect favourable outcomes in respect of his visa application.
Our experienced immigration lawyers assist individuals with visas and other immigration matters across India, UK, and the UAE. We provide every client personalized access to expert team of lawyers who minutely understand the complicated nexus of immigration laws and the extensive impact of these legal rules on an individual’s life. Our aim is to guide and help you !
Often considered a herculean task, applications pertaining to a Spouse visa in the UK suffer the highest number of refusal by the Home Office. Consequently, this leads to many sad experiences as no one really wants to be separated from their loved ones. This blog explains to you the techniques through which you can easily avoid such situations. There are certain steps which need to be followed properly so that you are successful in your application.
At Irish Expert we have an expert team of immigration assistance, ready to help in matters of Spouse visa rejection. Our team of lawyers can provide you with high level legal assistance throughout the appeal process. You can contact our immigration lawyers for advice on your options by making an enquiry online.
Table of Content
2.1 Article 8 of the European Convention on Human Rights.
2.2 Appeal process explained.
3. How Irish Expert can help?
1. Common Reasons for the rejection of UK Spouse Visa
Before we begin the steps to be followed for the appeal process, it is important to understand the causes of spouse visa refusal.
One of the important reasons for the Spouse visa rejection is failure to meet the Spouse Visa eligibility requirement, or genuine relationship criteria. And most of the time it is not ineligibility but lack of proper evidence to substantiate the needful requirements.
The UK Home Office is highly trained to detect fake applications with regards to the Spouse visa. They have made it tough for the individual to prove the originality of their application. Lack of proper evidence to support the relationship with your partner can lead to visa refusal. And such rejections are inevitable in scenarios where a suspicion arises that the individual lacks a genuine intention to live with the spouse after marriage.
Without assistance from a well-qualified immigration lawyer, adherence to the stringent rules and for the above stated reasons, Spouse visa rejection is inevitable.
Other reasons include:
2. Appeal process: Legal remedy in the case Spouse visa rejection
2.1 Article 8 of the European Convention on Human Rights
Through Article 8 of the European Convention on Human Rights (hereinafter “Article 8’), everyone has a right to appeal a Spouse visa refusal on human rights grounds.
Article 8 reads:
Article 8 promises you to appeal in cases where the Home Office have breached their obligations by rejecting your Spouse visa application. This article would force them to alter their decision regarding the application, consequently granting you a leave to remain in the UK.
2.2 Appeal Process Explained
The entire process in respect of the appeal would be explained in the decision letter one receives from the Home Office.
These would be further divided into a number of steps, which are as follows:
Step 1: Completion of an appeal form and submission of the same within 14 days (if you are in the UK), or 28 days (if you are outside the UK) of receiving the decision.
Step 2: Forming a decision on the information in the appeal form and any documents supplied to the tribunal. This would be accompanied by a fee of GBP 80 in a case where you do not want a hearing. And GBP 140 for an instance where you have requested an oral hearing.
There is a way through which you can increase the chances of your application being successful. And the same can be done through providing the latest information which adds to your matter, thus increasing the eligibility for a Spouse visa. This information should not be one you have already given to the Home Office before.
Now, in the case where your application is successful, then the Home Office will be told to reconsider their judgment and in most cases, the Spouse visa will be granted to the individual. However, if it is unsuccessful, then the matter can be brought over to the Upper Tribunal. And this tribunal shall consider the decisions made in the previous tribunal or Tier 1 tribunal.
And for such cases, having assistance from a qualified immigration lawyer proves beneficial.
Your entire appeal process can be as short as 15 weeks, but extending over 12 months.
Our team of experienced lawyers will assist you though the entire process of appeal. They will proceed with the case by extracting its entire backgrounds, presenting you a map on how to proceed. Through years of experience, we have always been able to provide options in cases which have been complicated and urgent in nature.
Our experienced immigration lawyers assist individuals with visas and other immigration matters across India, UK, and the UAE. We provide every client personalized access to expert team of lawyers who minutely understand the complicated nexus of immigration laws and the extensive impact of these legal rules on an individual’s life. Our aim is to guide and help you !