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Update on Irish Naturalisation

 

 

This is an important update on submitting applications for Irish citizenship by naturalisation. In the recent appeal of a refusal of Irish citizenship by Roderick Jones, it was argued that the Minister ought not to have refused the application where the applicant had spent 100 days abroad in the year leading up to his application, as there were valid reasons for Mr Jones’ absence from the state and it did not suggest that he was no longer continuously resident. The High Court however made a surprising decision, by applying a literal interpretation of the word continuous in the legislation.  It was held that any absence whatsoever from the state during the year prior to application would make the applicant ineligible for naturalisation.

Prior to this decision, the Minister had followed a six-week rule, allowing for absences amounting to a total of six weeks, and finding that such absences do not amount to the loss of continuous residence. The Court has held that the Minister has been acting outside the power given to him by the legislation by allowing up to six weeks of absence, and that the legislation provides for no allowable time outside the state in the year preceding the application.

This leaves a lot of people in a difficult situation; those who have planned their application in reliance on the ‘six week rule’ and those who have applications in process. It was expressed by the Judge that the legislature might step in to ease what appears a heavy burden, especially to those required to travel for work. In the meantime, it appears we have a a limbo situation.

The above is intended for information purposes only, and is not intended to be relied upon as legal advice. Please contact us on 01 – 676 3257 for advice specific to your needs. We, at Fitzsimons Redmond, are happy to discuss with you any questions and concerns you might have in relation to your naturalisation application.

By Lisa Quinn O’Flaherty, solicitor at Fitzsimons Redmond

The Use of CCTV in the Workplace

Under GDPR, employers are entitled to monitor employee activity if they have a lawful basis for doing so and the purpose of their monitoring is clearly communicated to employees in advance-before any data is recorded the data subject must be warned. A system used to monitor the building for security purposes will usually be easy to justify. The use of CCTV systems in other circumstances – for example, to constantly monitor employees – can be more difficult to justify and could involve a breach of the Data Protection Acts. Should an employee object to the use of CCTV cameras in a particular area, the GDPR test  places the burden on the employer to demonstrate that it has “compelling legitimate grounds” for processing that override the employees’ rights, or for the establishment, exercise or defence of legal claims.

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Pyrite Remediation Scheme

The Pyrite Resolution Act 2013 provides for the making of the Pyrite Remediation Scheme for certain dwellings affected by reactive pyrite and for the establishment of the Pyrite Resolution Board (PRB) to manage the implementation of such scheme. The Pyrite Remediation Scheme is for the remediation of eligible dwellings that have a damage condition rating of 2 as a result of pyritic heave caused by the swelling of hardcore under ground floor slabs. Continue reading

Irish Law Awards 2019

 

We are delighted to share the news that we have been announced as finalists in three categories of the Irish Law Awards 2019. John Redmond is shortlisted for Sole Principal of the Year, and Lisa Quinn O’Flaherty is shortlisted for both Dublin Lawyer of the Year and Community / Pro-Bono Lawyer of the Year. We are incredibly  grateful to our clients and colleagues for their support, and thankful for this recognition of the work we do at Fitzsimons Redmond.

 

A Guide to the CRO’s Beneficial Ownership Register

 

Article 30(1) of the EU’s Fourth Anti-Money Laundering Directive (4AMLD) requires all EU Member States to require companies to hold an up-to-date record of their beneficial owner or owners. This came into effect via part 2 of SI110/2019 on the 22nd March this year.

A beneficial owner is defined as a natural person or persons who directly or indirectly holds a 25% or greater shares, votes, control or ownership interest in a company. Where the company is owned by a parent company, a beneficial owner is a person with a 25% or greater interest in that parent company. If no natural person can be traced to being a beneficial owner, the most senior managing official of the company or the parent company should be listed on the beneficial ownership register.

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Lisa’s Article in Irish Legal News

Our Lisa Quinn O’Flaherty is in her free time, a Climate Ambassador with An Taisce. She recently wrote an article published in Irish Legal News about her role and about how lawyers can help solve the problem of climate change.

Irish Legal News Article

The Domestic Violence Act 2018

The Domestic Violence Act 2018 has come into force this month, and serves to strengthen existing protections and create new protections for victims of domestic abuse.
The protections under the act apply equally to men and women, and apply regardless of immigration status. The only restriction is that young people under the age of eighteen are unable to apply for protective orders on their own behalf.

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Celebrating Diwali

 

We are grateful to our valued client, Ireland India Council for their invitation to celebrate Diwali at City Hall last Friday night. Diwali is the Hindu celebration of the triumph of light over dark, and it is celebrated with light and colour and much festivity.  We enjoyed cultural presentations, an Indian fashion show, classical dancing, singing, music and a delicious vegetarian meal. We were awed to watch the lady in the picture above dancing while balancing a jar of water and a candle on her head!

Ireland India Council works to build and develop relationships among the Irish and Indian communities, including business leaders, social leaders and universities. It organises many networking events and cultural exchanges so as to lay the groundwork for future cooperation.

 

Carolina’s Skydive!!!

 

Our courageous Carolina is going to jump from a plane in order to raise funds for the Irish Cancer Society. If you would like to support this fantastic cause, while showing Carolina that we appreciate her fearless spirit please click on the link below!

Carolina’s JustGiving Page

BUYING A NEWLY BUILT HOME – THE POSITIVES & THE PITFALLS

After a period of little or no activity developers are now increasingly engaged in building and selling new houses and apartments. The attractions of buying a newly built residence are (or at any rate should be) that:
- It is designed and built to current standards and accordingly will be more energy efficient and less expensive to run;
- Apart from furnishings and decoration it should not be necessary to incur significant expenditure on renovations and repairs;
- The Purchaser may be able to avail of the “Help to Buy” incentives;
- The Purchaser may (to some extent) be able to choose finishes (and in some cases “extras”) to customise the property;
- If problems emerge in the works done the Purchaser may be able to look to the developer or to avail of an insurance backed scheme (such as Homebond or Premier Guarantee) to deal with them.

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