Immigration Extension amid Coronavirus Pandemic

Immigration Extension amid Coronavirus Pandemic

The Minister for Justice Charlie Flanagan announced that immigration permissions due to expire between now and the 20th May will be automatically extended for two months. These new measures will apply to immigration registrations and renewals in places outside of Dublin in local garda stations by local Immigration Officers.

The new measures will apply to three primary categories; those who hold current valid permission; those awaiting first registration and those on short-stay visas who may be unable to leave Ireland due to uncertainties caused by the Pandemic.

At Joyce & Co Solicitors, we are one of Cork and Limerick’s leading Immigration Law Firms and specialize in this field with quick turnaround times.

If you need help with Immigration issues, please get in touch. This includes:

  • All Visa Application types (short and long stay)
  • Applications for change of status
  • Irish Born Child Residency Applications (Zambrano)
  • Complex deportation matters and contesting the issuing and validity of Deportation and Transfer Orders
  • EU Treaty rights-based applications
  • Corporate Immigration
  • Work Permits
  • Citizenship Applications
  • Any other general immigration queries

Our offices are currently closed to the public however we are operating a virtual appointment service available to our clients.

To get in touch, please email info@joycecosolicitors.com and a member of our team will contact you.

Can you apply for financial support amid the Covid- 19 Pandemic?

Can you apply for financial support amid the Covid- 19 Pandemic?

On Tuesday, 24th March the Irish Government announced a new way of providing financial support to those workers affected by the Covid-19 crisis. As part of the new measures implemented the Revenue will operate a temporary wage subsidy scheme. The new scheme will allow employees to receive significant financial support directly from their employer through their existing payroll system.

This is important in more ways than one as it not only provides financial support but it also allows the employer to retain its links with employees for when business resumes after this crisis.

For employers, it is encouraged to facilitate this by offering the scheme to its employees.

This also takes some of the burden from the existing financial supports in Ireland now with increased demand on these services.

See below information provided by the Revenue;

How does it work?

 Replaces the previous COVID-19 Refund Scheme.
 Initially, and from this Thursday (26 March 2020), the subsidy scheme will refund employers up to a maximum of €410 per each qualifying employee.
 However, employers should pay no more than the normal weekly net pay of the employee.
 The subsidy scheme applies both to employers who top up employees’ wages and those that aren’t in a position to do so.
 Employers make this special support payment to their employees through their normal payroll process.
 Employers will then be reimbursed for amounts paid to employees and notified to Revenue via the payroll process.
 The reimbursement will, in general, be made within two working days after receipt of the payroll submission.
 In April, the scheme will move to a subsidy payment based on up to 70% of the normal net weekly pay for each employee to a maximum of €410*.

Are you eligible?

The Scheme is available to employers from all sectors (excluding the public service and non-commercial semi-state sector) whose business activities are being adversely impacted by the COVID-19 pandemic.

It is open to employers who retain staff on payroll; some of the staff may be temporarily not working or some may be on reduced hours and/or reduced pay. Provided the employer meets the conditions set out below and, subject to the levels of pay to the employees, the employer may be eligible for the scheme for some, or all of its employees.

To qualify for the scheme, employers must?

 be experiencing significant negative economic disruption due to Covid-19
 be able to demonstrate, to the satisfaction of Revenue, a minimum of a 25% decline in turnover
 be unable to pay normal wages and normal outgoings fully and
 retain their employees on the payroll.

The Scheme is confined to employees who were on the employer’s payroll as at 29 February 2020, and for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.

After the scheme has expired, the names of all employers operating the scheme will be
published on Revenue’s website.

Registering for the Temporary Wage Subsidy Scheme

Any employer, already registered with Revenue for the purposes of the Employer COVID-19 Refund Scheme, is not required to take any further action. The employer may make payroll submissions from 26 March 2020 under the subsidy scheme arrangements on the same basis as they were doing for the Employer Refund Scheme, and €410 will be refunded in
respect of each eligible employee per week.

Employers, or their agents, wishing to register for the scheme can apply to Revenue by:

 Log on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage
Subsidy’.
 Read the “Covid-19: Temporary Wage Subsidy Self-Declaration” and press the
‘Submit’ button.
 Ensure bank account details on Revenue record are correct. These can be checked
in ROS and in ‘Manage bank accounts’, Manage EFT’, enter the refund bank
account that the refund is to be made to.

To get in touch, please email info@joycecosolicitors.com and a member of our team will contact you.

Help To Buy Initiative – Could you score the financial assistance you need to buy a new home?

Help To Buy Initiative – Could you score the financial assistance you need to buy a new home?

Saving money to purchase a house can be some of the most stressful times in many people’s lives, with housing prices on the rise along with the demand on housing in Ireland it has never been more difficult to purchase your first home.

Thankfully it’s not all doom and gloom and there is some really great initiatives by our government to help First Time Buyers.

The Help-To-Buy Initiative which aims to help buyers acquire the deposit to purchase their home came into effect in January 2017, and has successfully been in operation ever since.

Currently in Ireland mortgage lenders require a minimum of 10% deposit of the house value to qualify for a mortgage. Similarly, mortgages are available to purchasers up to 90% of the entire house value.

The Scheme offers to give you 5% of your 10% mortgage allowing you to purchase your home with a 5% deposit.

With the scheme there are some requirements and conditions, here is the fine print;

Borrowers can claim a maximum of 5% of the value of the property or €20,000 – whichever is lower.
Under the scheme, first-time buyers can claim a tax rebate of up to €20,000 for the purchase price of a new-build or self-build house or apartment.
The rebate is only available on properties valued at €500,000 or less.
Any first-time buyer of a newly built home can apply for a tax refund under the Help-to-Buy incentive. However to qualify as a first-time buyer under the scheme, you must not have previously purchased, built or inherited a home yourself or with any other person.
If you’re a joint buyer, and one applicant is a first-time buyer and another applicant is not, you cannot apply for the grant.
Only newly built homes and self-builds are included in the scheme. Conversions and restorations of old or derelict homes do not qualify, but conversion of a non-domestic building for residential use may qualify.
NB: If you purchase a property for €400,000, you can claim the maximum rebate of €20,000. But if you buy a house for €500,000, the relief will be capped at €20,000.

If I purchase a house today I can claim up to 20,000?

In short yes, but it is a tax rebate and not a free money scheme which sometimes gets confusing. In order to claim you must have paid the equivalent amount of tax over the course of 4 years previous to your purchase. If you are purchasing on your own or as a couple for example the same rules apply.

Note: The USC and PRSI are not taken into account when calculating how much you can claim. However, most people who have been living and working full-time in Ireland over the past four years will likely have paid more than enough income tax to fully qualify for the scheme.

How do I apply?

You can apply online through Revenue’s MyAccount service. And as long as you are tax compliant, Revenue will provide you with a summary of the maximum refund available to you within around five working days.

To get in touch, please email info@joycecosolicitors.com and a member of our team will contact you.

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Step By Step Guide To Purchasing Your First Home

Easy 10 step guide for first-time buyers

1. Set a budget
When buying a house it’s important to know what you can afford to spend. Being calculated in this situation is the most sensible way to operate – what amount can you put up in terms of a deposit and what monthly mortgage amount will fit within your monthly outgoings?

If you are a fit time buyer, you may borrow up to 90% of the purchase price of your property, subject to being able to borrow a maximum up to 3.5 times your salary (or 3.5 the combined salaries of you and your partner). If you are a second-time buyer, you will be allowed to borrow up to 80% of the purchase price.

Don’t forget you will need to pay fees such as legal fees and stamp duty (1% of house value) on top of your mortgage, insurances and house furnishings.

2. Sort out your money.
This one may be a given but it is the first step to becoming eligible to purchasing your first home. Organize your deposit payment which is usually 10% of the value of the house, if you are looking to purchase a New Build, Building your own home (for the first time) or developing a building which was not used for residential use previously then you can avail of the Help-To-Buy ( HTB ) scheme.

(The HTB Scheme is a tax refund from the Revenue which is aimed at helping first-time buyers purchase the first home by providing 5% of your deposit payment. The HTB scheme has some terms and conditions which you can read here in our previous blog post. It’s well worth a read if you fall into the above category)

3. Apply for your mortgage
Unless you are in a position to buy your home outright then a mortgage is the way to go. Like many things in life when making a big decision such as buying a new home, it is important to shop around.

With so many mortgage lenders now available it really boils down to which provider suits your needs and application most. For example, they can differ on interest rates, mortgage repayment terms, variable rates and more. Do your research – it is often worthwhile to engage a mortgage broker as they will look at your application and apply on your behalf to the lenders which they believe suits you best.

4. Choose your property
This one is a given – choosing your first home is an exciting but stressful time so it is important to visit the property again and again..and again to make sure you are making the right decision. A top tip is to visit the property at different times of the day to see things such as lighting, traffic and noise pollution to name a few

5. Appoint a Solicitor
For obvious reasons appointing a solicitor is one of the key decisions that you will make in this process so basing your judgment on past reviews, referrals, and recommendations is always a good idea. We suggest Joyce & Co but we are a little biased. Seek a full quotation from your solicitor to include fees, stamp duty, outlays and registration charges.

6. Speak to an Engineer
Assuming you have chosen your home, your mortgage lender will carry out a very basic check of your property but this is never a substitute for hiring a qualified Engineer. They will ensure your house is completed to the agreed standard (in the case of a new build). If your property is second hand it is important to get the view of a professional early to know important information such as whether you are likely to have to invest in renovating the property to bring it up to the standard you require.

7. Signing contracts
When the buyers and sellers are ready to go and a completion date is agreed, the exchange of contracts takes place. Now you are committed to purchasing on that date.

8. Arrange building insurance and mortgage protection
Shop around, there are many different providers with varying conditions offered. Recommendations are a good way of searching. Your mortgage broker will be able to provide some valuable advice on these matters so don’t be afraid to ask.

9. Closing Account
Your solicitor will send you a financial statement with the required monies needed from you in order to close your purchase. This will include your stamp duty, legal fees, registration fees, outlays and any shortfall of purchase monies outside of what a mortgage will cover. Your solicitor will order your mortgage funds directly from the lender in advance of closing the transaction.

10. Moving day!
Your solicitor will give you a call to let you know that the sale has been completed and that you may collect your keys from the estate agent. Now it’s time to move some boxes, unpack and enjoy life in your new home.

 

Family Reunification – Immigration Law

At Joyce & Co Solicitors we have had the privilege of successfully applying to bring family members to Ireland to join their family member or members who may already live here and have a life here. This process is called family reunification.

Within any family reunification application, there really is a lot to consider prior to making an application and there are a lot of documents to gather also to ensure that the application is a complete one.

Every family situation is different, At Joyce & Co Solicitors we encourage clients to firstly make an appointment for a consultation with one of our Immigration Law specialists. During that consultation, a clients unique situation will be discussed and assessed in detail and advice will be given based on those unique circumstances.

At Joyce & Co Solicitors, we believe that the key is in the detail when making these applications.

A key document which must be considered when making an application for family reunification is the Policy Document on Non-EEA Family Reunification. A link to that document is provided below for your convenience. In making applications of this nature Joyce & Co Solicitors discuss these guiding criteria with clients and refer in detail to the criteria when formulating an application for family reunification.

To book a consultation with our immigration team you can email us
via info@joycecosolicitors.com, call us on 021-4270391, or send us a DM via our social channels.

www.joycecosolicitors.ie

EU Treaty Rights – Immigration Law

One of the most common applications we do for people here at Joyce & Co Solicitors are applications based on EU law.

Citizens of countries in the EU are entitled to move to and take up employment in other EU countries. Once you move from one EU country to another, you are said to be an ‘EU worker’. Many rights are conferred on EU workers, but most importantly to us, you will have the right to have your non-EU family members reside in Ireland with you.

This does not apply to Irish people as you must have moved from one EU country to the next to be an EU worker. We deal with many applications for people from non-EU countries where they are applying to join their family member in Ireland, who is from another EU country for e.g. France or Spain, but is working in Ireland.

The first step we take when completing one of these applications, is to assess your relationship with the EU worker. There are two main types of applications, one for non-EU nationals who are a qualifying family member of an EU citizen and one for non-EU nationals who are permitted family members of an EU citizen.

You are a qualifying family member if you are:

The spouse/civil partner of the EU citizen;
The child or grandchild of the EU citizen or of their spouse/civil partner and you are aged under 21 or you are dependent upon them;
The dependent parent or grandparent of the EU citizen or of their spouse/civil partner.
You are a permitted family member if you are, in the country from which you have come:

The dependent family member of the EU citizen;
The family member of the EU citizen’s household;
The family member of the EU citizen and you strictly required their personal care on serious health grounds;
The de facto partner of the EU citizen in a serious relationship.
After our initial consultation with you, we will send you a full letter of advices detailing your scenario and all of the options available to you and the steps you must take. We will then work with you side by side on the application process which is quite lengthy and requires attention to detail.

There is a lot of documentation to be gathered and the application must be 100% factually accurate.

If your application is successful and you go on to live in Ireland for a period of five years, you can then apply for a permanent residence card. Similarly, if your application is based on your marriage or civil partnership to an EU citizen and you go on to divorce your spouse, there is an option open to you to retain your residence card.

We are experienced immigration solicitors and would be delighted to help you with your situation. If this is something that interests you and you would like to have a consultation with our immigration team, please give us a call on 021-4270391 or email info@joycecosolicitors.com

New scheme for undocumented migrants – Immigration Law

We are delighted to hear that the Minister for Justice, Ms. Helen McEntee, has outlined a draft scheme to regularise thousands of undocumented migrants in Ireland. This is very welcome news for the clients of Joyce & Co Solicitors and many thousands of people with a life in Ireland who have previously struggled to obtain a permission.

Ms. McEntee tweeted on the 23rd of April 2021:

“There are thousands of people who have created a life in Ireland but still live in the legal shadows. We need to show the same generosity to the undocumented here as we ask is shown towards our citizens in the same situation elsewhere.”

“I am now opening a consultation process on my scheme to regularise undocumented migrants in Ireland, ahead of the scheme opening for applications by the end of the year. The details are available here: http://justice.ie/en/JELR/Pages/PR21000099”

Minister McEntee’s empathy for undocumented migrants is refreshing and reflective of her position on immigration as Minister for Justice. While this is fantastic news, it is important to bear in mind that nothing is finalised yet. Minister McEntee has outlined her draft proposals, which so far suggests that eligible people for the scheme would:

have a period of 4 years residence in the State without an immigration permission, or 3 years in the case of those with children;
be granted an immigration permission that allows for unrestricted access to the labour market;
have years of residence with that permission reckonable for the purposes of pursuing citizenship by way of naturalisation.
The Minister’s proposals are not set in stone and will be subject to a consultation process. Key stakeholders will be invited to have their say on the scheme (e.g. NGOs, civil society, employer organisations, trade unions etc.), therefore the final form the scheme will take is unknown.

It is the Minister’s intention that this scheme will take effect by the end of 2021. If the scheme does indeed open by the end of 2021, Ms. McEntee expects it to be time-limited and a possible window of 6 months will apply for the receipt of applications. In the meantime, we invite and encourage people interested in this scheme to get in contact with Joyce & Co Solicitors.

Due to the time-limited nature of the scheme, it is important to get the word out there and for people to begin to think about making an application to the Department of Justice. We anticipate large volumes of people will be interested in this scheme and the department may come under pressure from an administrative point of view.

While emphasising that this scheme is not currently in operation, Joyce & Co Solicitors welcome interested individuals to make contact with us in advance of the opening date to discuss their options and the best approach to take. Joyce & Co Solicitors have an established immigration team and a history of successful applications on behalf of our clients.

If you would like to speak with a member of our immigration team about this scheme or any immigration query you might have, please contact us on 021-4270391 or info@joycecosolicitors.com to make a consultation.