The UK withdrew from the European Union on 31 January 2020. According to the Withdrawal Agreement signed by the UK and the EU, the UK is now in a transition period until 31 December 2020. Many non-EEA family members of UK citizens are concerned as to how Brexit impacts their right to reside and work in Ireland and other EU Member States. 

The Irish Immigration Service Delivery (ISD) (formerly the Irish Naturalisation and Immigration Service) confirmed on 31 January 2020 that non-EEA family members of UK citizens will continue to benefit from free movement related rights until the end of the transition period. As such, non-EEA family members can continue to apply for residence and the right to work in Ireland on the basis of EU Treaty rights during the transition period. Successful applicants receive stamp 4 permission to work and reside in Ireland.

The ISD has stated that details of new arrangements for non-EEA family members of UK citizens will be put in place prior to the end of the transition period. 

In addition to the continued application of EU rights, the UK and Ireland are part of a Common Travel Area (CTA). The CTA allows nationals of its covered territories to travel, live and work freely within its boundaries and be treated the same as citizens of the host country. The CTA was also recognised by the EU during negotiations on the Withdrawal Agreement. On 8 May 2019, the UK and Irish Governments signed a memorandum of understanding to maintain the CTA. 

The residence and work permission arrangements which will apply after the transition period must maintain the equivalent treatment of UK and Irish citizens on which the CTA is based.

Comment

Staff mobility is a growing concern for employers, particularly multi-national corporations. The continued application of EU Treaty rights to UK citizens until 31 December 2020 provides comfort to employers in this context.
The transition period may be extended to 31 December 2021 or 31 December 2022 if the UK requests an extension before 30 June 2020. However, the UK government has indicated that it will not seek an extension. 

The ISD may introduce a system for non-EEA family members of UK citizens similar to the system currently in place for non-EEA family members of Irish citizens (the Irish Citizen System). The Irish Citizen System is less favourable than the EU Treaty rights which non-EEA family members of UK citizens currently enjoy. 

While certain non-EEA family members of UK citizens (including a spouse or civil partner, children under 21/dependent children and dependent parents) currently have an automatic right to reside once the UK citizen is exercising EU rights to work and reside in Ireland, no such automatic right exists under the Irish Citizen System. In addition, the Minister for Justice and Equality has six months to decide whether to issue a residence card to non-EEA family members of nationals from Member States. No such strict time limit applies under the Irish Citizen System although the ISD aim to process applications within six months from receipt of all required documents.

For further information, and to ensure you are kept up to date, please contact our Corporate Immigration Team: Alicia Compton, Darran Brennan and Richard Smith.

Contributed by Richard Smith

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