Important Updates
Important Updates
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Clarification Requested From the Court of Justice of the European Union on Entry Visa Processing Times for Family Members of EU Nationals

February 1, 2018

insight-news-default

Country / Territory

  • IrelandIreland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

The Irish Court of Appeal will shortly ask for guidance from the Court of Justice of the European Union (CJEU) on what constitutes a reasonable time frame for a Member State’s immigration authorities to process entry visa applications for non-EU national family members of EU nationals residing in the respective host Member State. This question arose due to litigation in Ireland challenging long standing and significant processing delays regarding entry visas sponsored by EU nationals for their non-EU national family members, particularly from Afghanistan, Iraq and Pakistan, due to a surge in the number of these applications and alleged security concerns. The response from the CJEU could clarify the time limits for processing such entry visa applications which will apply to all EU Member States.


The situation

The Irish Court of Appeal delivered their judgment on January 26, 2017 which included the drafted questions to the CJEU in paragraph 62.

Next week, the two sides in the case, the Irish government and the applicants, will provide the Irish court with submissions regarding these draft questions. The Irish Court may amend the questions, and the final, agreed upon questions will then be formally referred to the CJEU.

A closer look

  • Processing delays. Processing delays of 12 months or more have been ongoing for the last two to three years, but have mostly affected entry visa applications sponsored  by EU nationals residing in Ireland in respect of family members from Afghanistan, Iraq and Pakistan. Other nationalities have generally not been affected by these delays.
  • EU requirement for non-EU family members. According to EU law, entry visa applications for non-EU national family members of EU nationals must be processed “as soon as possible and on the basis of an accelerated procedure.” The Irish High Court has already determined in this case that delays in excess of six months are in breach of EU law, which the government had appealed to the Irish Court of Appeal.

 

Background

  • Free movement of persons. The right of EU nationals to sponsor non-EU national family members is based on the EU principles of free movement of persons; if an EU national is working or residing with sufficient resources in another EU Member State, certain non-EU national family members are entitled to join the EU national under EU law.
  • Additional screening. Due to alleged security concerns and other factors, the Irish authorities indicate they have adopted a practice of additional scrutiny on entry visa applications from certain nationalities, which has caused significant adjudication delays.
  • Geographical impact: This case is of EU wide relevance as the decision of the CJEU will be binding on all EU Member States.

 

Impact on foreign nationals. Since delays for affected foreign nationals have persisted for the last two to three years, affected foreign nationals are likely well-informed on this matter already. Any benefit to foreign nationals will only arise after the CJEU has responded and will depend on the nature of its response.

Looking ahead

It is likely to take several months before the CJEU can deliver a ruling, even if the CJEU agrees to consider this case under an accelerated procedure.  The Irish case and any policy and legal changes based on the result of the case will remain pending until a ruling is delivered by the CJEU.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • IrelandIreland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.