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.

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Source: Berry Appleman & Leiden LLP