Further to our earlier note this month, the Immigration Service Delivery has just released the following update for British citizens and their non-EEA family members living in Ireland or intending to reside in Ireland:

UK WITHDRAWAL FROM THE EU – Information for UK Nationals and their Non-EEA family members living in Ireland

Brexit will come fully into effect on 31 December 2020, when the UK leaves the EU after the end of the transition period.

If you are a UK national living in Ireland, or a family member of a UK National living here with them, this information will help you to understand what it means for you.

UK Nationals

Nothing will change for UK nationals living in Ireland. The protections provided by the Common Travel Area mean that UK nationals living here (and likewise Irish citizens living in the UK), will continue to travel freely, live, work and access education, healthcare and social services in each other’s country, after the UK leaves the EU.

UK nationals do not require any documentation under the Withdrawal Agreement to continue their lives in Ireland after 31 December 2020, although they may request it if they wish.

Non-EEA family members of UK nationals living in Ireland

Separate arrangements are being put in place for non-EEA family members and/or dependants of UK nationals who are, as of 31 December 2020, exercising EU Treaty Rights under the EU Free Movement Directive and who hold a valid Irish Resident Permit on that basis, known as ‘EUFAM’.

As a family member of a UK national, from 31 December 2020, you will hold the same residence rights in Ireland. You can continue to live, work or study in Ireland.

You will simply be required to exchange your current valid Irish Resident Permit (IRP) Card for a new one stating that those residence rights derive from EU Free Movement under the Withdrawal Agreement.

This card exchange programme will apply from 1 January 2021 and be administered by the Immigration Service of the Department of Justice for applications nationwide. Applications will be made through the online renewal system.

When making your online application:

· You will be asked to confirm that you have been exercising EU Treaty Rights to reside in the State on or before 31 December 2020 and continue to do so.

· You will be asked to submit your current valid Irish Residence Permit card and you will be issued a new one.

· You will have until 31 December 2021 to apply.

The Department of Justice will continue to process applications received before the end of the transition period (31 December 2020) from non-EEA family members of UK nationals resident in Ireland and exercising rights in accordance with the EU Directive on Free Movement and the entitlements guaranteed under the Withdrawal Agreement. These applications will continue to be processed even if a decision is not made until after 31 December 2020.

UK Nationals coming to live in Ireland after 31 December 2020 and their Non-EEA family members

There will be no change for UK nationals who wish to live in Ireland after 31 December 2020. Their rights under the CTA will continue to be protected.

A new scheme will be introduced for UK nationals who come to Ireland after 31 December 2020 and wish to bring their non-EEA family members. Details of the scheme will be available on this website shortly.

Please continue to check this website for more details in the coming weeks.

For more information on Irish citizenship, EU Treaty Rights, Brexit or the EU Settlement Scheme, contact our immigration team on enquiries@granitelegalservices.co.uk

Granite Immigration Law

About Granite Immigration Law

Granite Immigration Law is part of Granite Legal Services which is a newly established business law practice in Newry City. Our solicitors are UK / Irish dual qualified. We have a dedicated immigration team working on individual and business immigration matters covering a wide range of matters from citizenship to employment permits and EU Treaty Rights.

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