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Residency Scheme for Non-EEA Family of UK Citizens

Residency Scheme for Non-EEA Family of UK Citizens

Following Brexit, new rules govern the residency rights of Non-EEA family members of UK citizens in Ireland. The Department of Justice has introduced a structured application scheme for those seeking to reside in the State.

Overview of the New Residency Scheme

On 23rd December 2020, the Department of Justice published a Residency Scheme for Non-EEA family members of UK citizens. Under this scheme:

  • British citizens can apply to sponsor a Non-EEA national family member or dependent.
  • There is no automatic right for British citizens to have their Non-EEA family members reside with them in Ireland.
  • Each application is subject to immigration conditions and approval.

Non-EEA Family Members with a Valid Irish Residence Permit on 31st December 2020

Individuals who held a valid Irish Residence Permit (IRP) card before 31st December 2020:
✔️ Retain their right to live, work, and study in Ireland under the Withdrawal Agreement.
✔️ Must exchange their Irish Residence Permit (IRP) card for a new residence card.
✔️ The card exchange programme is managed by the Immigration Service Delivery Unit.

New Pre-Clearance and Visa Scheme

From 1st January 2021, Non-EEA family members and dependents of British nationals must apply for pre-clearance or a visa before moving to Ireland.

Who Needs Pre-Clearance or a Visa?

✔️ Visa-Required Nationals – Must obtain a visa before travelling.
✔️ Non-Visa Required Nationals – Must apply for pre-clearance before travelling.
✔️ The requirement does not apply to those staying less than three months.

Visa-Required Non-EEA Family Members

  • Must obtain the correct visa before travelling to Ireland.
  • 90-day tourist visas cannot be used to enter Ireland and later apply for residency.
  • The Department of Justice will reject applications from those who enter on a tourist visa and later seek to remain.

Non-Visa Required Non-EEA Family Members

  • Must apply for and obtain pre-clearance before travelling.

Key Application Conditions

✔️ Applicants must be ordinarily resident outside Ireland for at least 90 days before applying.
✔️ They must remain outside Ireland while the application is being processed.

These new rules ensure that Non-EEA family members of British nationals follow a structured legal process for residency in Ireland.