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Brexit’s Impact on UK Citizens in Ireland

Brexit’s Impact on UK Citizens in Ireland

The UK’s departure from the European Union has raised questions about the rights of UK citizens and their family members in Ireland. However, longstanding agreements ensure continuity in key areas.

The Common Travel Area (CTA) and Its Continuation

Ireland and the UK share a special relationship under the Common Travel Area (CTA), which has existed since 1922 and was formally recognised in 1952. The CTA applies to:

  • Ireland
  • The UK
  • Guernsey
  • Jersey
  • The Isle of Man

The CTA is separate from the European Union (EU) and is based on legislation and bilateral agreements between Ireland and the UK.

Post-Brexit Protections for UK Citizens in Ireland

  • The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 ensures the continued operation of the CTA.
  • A Memorandum of Understanding (MoU) was signed between Ireland and the UK to protect citizens’ rights under the CTA.
  • The UK-EU Brexit Trade Agreement confirms that the CTA remains unaffected.

Rights Maintained Under the CTA (Post-1st January 2021)

UK and Irish citizens can continue to:
✔️ Travel freely between both jurisdictions without border controls.
✔️ Live and work in either country without needing a visa or permit.
✔️ Study in either country.
✔️ Access healthcare, social welfare, and public services.
✔️ Vote in certain elections.

Rights of Non-EEA Family Members and Dependents of UK Citizens in Ireland

The residency rights of Non-EEA family members of UK nationals in Ireland are outlined in:

  • The Policy Document on Non-EEA Family Reunification (2016), published by the Irish Naturalisation and Immigration Service (now Immigration Service Delivery).
  • The New Scheme for Non-EEA Family Members of UK Citizens, which aligns with the 2016 policy.

Key Points for Non-EEA Family Members

  • No automatic right to reside in Ireland based on a relationship with a UK citizen.
  • Each case is assessed under the 2016 Policy Document and the new scheme.
  • Applications are subject to immigration rules and conditions set by the Irish Government.

Brexit has not affected the rights of UK citizens in Ireland, but Non-EEA family members must follow specific immigration procedures to secure residency.