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In a unanimous ruling on Tuesday, the five judge court found that the Minister for Justice, before deciding ‘change of status’ applications by two applicants from outside the EEA who came here on student visas, must consider their rights to private and family life under Article 8 of the European Convention on Human Rights.

A Supreme Court judgment could have positive implications for the rights of thousands of people from outside the European Economic Area who came here as students before 2011 and stayed on to work.

The Supreme Court today found in favour of our clients, the Balchands when giving judgments in the joint cases of Luximon and Balchand and the Minister for Justice. Our clients are entitled to a consideration of their personal rights and family rights in the context of a change of status application. The implication of this will only become clear in the coming months and we hope the Minister puts in place a clear scheme to deal with people in a similar situation to our clients. To schedule a consultation with our office to see if this judgment impacts you please email mark@jboyle.ie  

Are you a timed out student and wondering what the next step is for you?

Are you thinking about applying to become an Irish citizen?

You need to know any rights and entitlements you have as a long term migrant in Ireland irrespective of your legal status.