Introduction<\/em><\/h4>\n1.1 The Common Travel Area (CTA) is a long-standing arrangement between Ireland and the United Kingdom which enables Irish and UK citizens to travel and reside in either jurisdiction without restriction and provides for associated rights and entitlements in both jurisdictions. The Common Travel Area predates membership of the EU by both Ireland and the UK and is not dependent on it.<\/em><\/p>\n1.2 In part reflecting Ireland\u2019s and the UK\u2019s common law system, many of the arrangements and rights relating to the CTA are implicit, deriving from the status of Irish citizens in the UK and UK citizens in Ireland, and therefore have not been the subject of specific legislation or of an international agreement.<\/em><\/p>\n1.3 The CTA is recognised in EU law by Protocol No. 20 to the Treaty on European Union and Treaty on the Functioning of the EU. This Protocol 20 to the TEU and TFEU provides that \u201cThe United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (\u2018the Common Travel Area\u2019)\u2026\u201d<\/em><\/p>\n1.4 These arrangements exist alongside and complement the position of Northern Ireland. The Good Friday Agreement recognises \u201cthe birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland\u201d. CTA arrangements have therefore been essential in enabling people of Irish identity not to have to assert British citizenship rights in Northern Ireland in order, for instance, to establish the right to permanent residency in the place they were born or, following Brexit, the right to live and work there at all.<\/em><\/p>\nOrigins of the Common Travel Area<\/em><\/h4>\n2.1 Between 1801 and 1922, Ireland was part of the United Kingdom of Great Britain and Ireland. Notwithstanding the establishment of the Irish State in 1922, from a UK perspective, Irish citizens continued to be regarded as British subjects. As such, they had the same rights in the UK as UK citizens. Historically, therefore, following Irish independence Irish citizens continued to have a particular status in the UK, and it is this which has led to many of the CTA arrangements\/rights being implicit, deriving from this status rather than from specific legislation or agreement.<\/em><\/p>\n2.2 At the time of independence, the Irish legal perspective on citizenship was different to that of the UK, with Irish born citizens no longer regarded as being British subjects. As a result, while Ireland shared the wish to maintain the Common Travel Area arrangements, the treatment of UK citizens in Ireland did not automatically mirror the UK arrangements for Irish citizens in the UK.<\/em><\/p>\n2.3 Although the 1922 definition of an Irish citizen did not encompass most UK citizens, UK citizens in Ireland were not treated as \u2018aliens\u2019 under Irish law. In practice they had a special status and for most matters were treated the same as Irish citizens with effect from the establishment of the Irish State. It was only with the introduction of the Irish Nationality and Citizenship Act 1935 that provision was made to allow for the granting of statutory reciprocity. This was eventually provided for by the Citizens of the United Kingdom and Colonies (Irish Citizenship Rights) Order 1949, which provided that UK citizens would enjoy in Ireland similar rights and privileges to those enjoyed by Irish citizens in the UK.<\/em><\/p>\n2.4 This general approach of reciprocity was facilitated by both states having the same common law legal tradition. All UK legislation in force in Ireland in 1922 continued in force post-independence and remains in force (to the extent that it is not inconsistent with the Constitution) unless it has been specifically repealed at some stage by the Irish parliament.<\/em><\/p>\n2.5 In 1948 Ireland declared itself a republic and revoked any role for the British monarch. Ireland was then regarded under British law as having left the Commonwealth. However, wishing to maintain the Common Travel Area arrangements, the British Parliament enacted the Ireland Act 1949. Section 2 (1) of that Act provides<\/em><\/p>\n\u201cIt is hereby declared that, notwithstanding that the Republic of Ireland is not part of His Majesty\u2019s dominions, the Republic of Ireland is not a foreign country for the purposes of any law in force in any part of the United Kingdom \u2026\u201d<\/em><\/p>\nThe status of Irish nationals was maintained under the Immigration Act 1971 and the British Nationality Act 1981.<\/em><\/p>\nCommon Travel Area Arrangements<\/em><\/h4>\n3.1 The basic principle guiding the operation of the CTA is that the Irish and UK Governments treat each other\u2019s citizens in a similar manner to enable them to freely move between the two jurisdictions, and thereby reside and work in either jurisdiction, without the need for special permission. Associated rights, as well as ongoing cooperation between Irish and UK authorities, facilitate and support these arrangements. These arrangements have been in place since Irish independence, with the only period of interruption arising during and immediately after the Second World War.<\/em><\/p>\n3.2 The CTA includes arrangements for Irish and UK nationals to travel \u2018passport free\u2019 between the two jurisdictions. As part of this, the CTA operates, to some degree, similar to the Schengen zone, where immigration authorities in both jurisdictions cooperate to protect the borders of the CTA and prevent its abuse. Information is also shared on visa applicants, asylum seekers, citizenship applications and police watch lists. There is also a joint British Irish Visa scheme for certain countries and joint operations to target abuses of the CTA.<\/em><\/p>\n3.3 The arrangement, in line with the status of Irish and UK nationals in each other\u2019s jurisdictions, also provides, broadly reciprocal rights on the freedom to reside, work and access services, including social security, health and education. Both countries generally provide for recognition of the other\u2019s professional and academic qualifications.<\/em><\/p>\n3.4 Various reciprocal bilateral arrangements governing access to social welfare benefits have been in place between Ireland and the UK. These arrangements are based on the premise of equal treatment of nationals of both States. The rules in place have been designed to protect people moving between both States and to minimise any disadvantage.<\/em><\/p>\n3.5 The right to access the health systems in both the UK and Ireland depends on residence. There are no restrictions on residence of UK and Irish nationals in the other jurisdiction. A UK citizen resident in Ireland has access to public health services on a similar basis to an Irish citizen resident in Ireland. Reciprocal arrangements in respect of Irish citizens apply in the UK. There is extensive co-operation on a number of all-island and cross-border health care services due to the mobility of people on the island, the size of populations and the unique geography. This encompasses both emergency and non-emergency care, including planned treatment and emergency transfers on the island of Ireland and between Ireland and Great Britain. This may involve health professionals working in the other jurisdiction. There are also other arrangements for health co-operation.<\/em><\/p>\n3.6 Neither Ireland nor the UK is in the Schengen area. After the UK\u2019s withdrawal from the EU, Ireland intends to remain outside of the Schengen area and will continue to fully uphold its obligations as an EU Member State. Protocols 19, 20 and 21 of the EU Treaties will continue to apply.<\/em><\/p>\n3.7 Analysis by the Irish authorities has not identified any legal barrier to the arrangements as outlined above being maintained in a manner fully consistent with Ireland\u2019s EU obligations.<\/em><\/p>\n <\/p>\n
S.I. No. 728\/2020 –<\/em><\/p>\n <\/p>\n
European Union (Withdrawal Agreement) (Citizens\u2019 Rights) Regulations 2020<\/em><\/h2>\n <\/p>\n
I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Part 2, other than Chapters 2 and 3 of Title II, and Title III, of that Part, of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community1 , approved on behalf of the European Union by Council Decision (EU) 2020\/135 of 30 January 20202 , hereby make the following regulations:<\/em><\/p>\nShort title and commencement<\/em><\/p>\n1. (1) These Regulations may be cited as the European Union (Withdrawal Agreement) (Citizens\u2019 Rights) Regulations 2020.<\/em><\/p>\n(2) These Regulations shall come into operation at 11.00 p.m. on 31 December 2020.<\/em><\/p>\nInterpretation<\/em><\/h4>\n2. (1) In these Regulations –<\/em><\/p>\n\u201cArticle 10(1)(f) family member\u201d means, in relation to a particular United Kingdom national, a person who resided in the State in accordance with Regulation 9(1), (2), (3), 10(1), (2), 11(1), 12(1)(b), (3), (4), 13(6) or (7) of the Regulations of 2015 before the end of the transition period and continues to reside in the State thereafter;<\/em><\/p>\n\u201ccivil partner\u201d and \u201ccivil partnership\u201d have the same meanings respectively as they have in the Regulations of 2015;<\/em><\/p>\n\u201cfamily member\u201d, other than in Regulations 6(2), 7(2) and 9(2), means an Article 10(1)(f) family member, a qualifying family member or a permitted family member;<\/em><\/p>\n\u201cMember State\u201d means a Member State within the meaning of Article 2(b), other than the State;<\/em><\/p>\n\u201cMinister\u201d means the Minister for Justice;<\/em><\/p>\n\u201cpermanent residence document\u201d means a document issued in accordance with Article 18(4) and referred to in Regulations 11(1) and 12(1);<\/em><\/p>\n\u201cpermitted family member\u201d, other than in Regulation 9(4)(b), means, in relation to a particular United Kingdom national, a person who, under Regulation 3(2)(a), (b) or (c), is a permitted family member of the United Kingdom national;<\/em><\/p>\n\u201cqualifying family member\u201d, other than in Regulation 9(4)(b), means, in relation to a particular United Kingdom national, a person who, under Regulation 3(1), is a qualifying family member of the United Kingdom national;<\/em><\/p>\n\u201cregistration officer\u201d has the same meaning as it has in the Regulations of 2015;<\/em><\/p>\n\u201cRegulations of 2015\u201d means the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 );<\/em><\/p>\n\u201cresidence document\u201d means a document issued in accordance with Article 18(4) and referred to in Regulations 8 and 9;<\/em><\/p>\n\u201cspouse\u201d has the same meaning as it has in the Regulations of 2015;<\/em><\/p>\n\u201ctransition period\u201d has the same meaning as it has in Article 2(e);<\/em><\/p>\n\u201cUnion citizen\u201d means any person having the nationality of a Member State;<\/em><\/p>\n\u201cUnion law\u201d has the same meaning as it has in Article 2(a);<\/em><\/p>\n\u201cUnited Kingdom national\u201d means a person –<\/em><\/p>\n(a) to whom before the end of the transition period the definition of United Kingdom national in Article 2(d) applied and in relation to whom that definition has not ceased to apply, and<\/em><\/p>\n(b) who exercised his or her right to reside in the State in accordance with Union law before the end of the transition period and continues to reside in the State thereafter;<\/em><\/p>\n\u201cWithdrawal Agreement\u201d means the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community1 .<\/em><\/p>\n(2) A word or expression that is used in these Regulations and is also used in Part 1 or 2, or both, of the Withdrawal Agreement shall have in these Regulations the same meaning as it has in those Parts of the Withdrawal Agreement unless the contrary intention appears.<\/em><\/p>\n(3) A reference in these Regulations to a numbered Article is a reference to the Article so numbered of the Withdrawal Agreement.<\/em><\/p>\n(4) A reference in these Regulations to the date on which these Regulations come into operation shall be construed as a reference to the particular time on that date at which these Regulations come into operation.<\/em><\/p>\n(5) These Regulations are without prejudice to the rights or privileges of an individual under any arrangements between the Government and the government of the United Kingdom of Great Britain and Northern Ireland concerning the Common Travel Area and associated reciprocal rights and privileges.<\/em><\/p>\nApplication<\/em><\/h4>\n3. (1) For the purposes of these Regulations, a person is a qualifying family member of a particular United Kingdom national where –<\/em><\/p>\n(a) the person is –<\/em><\/p>\n(i) the United Kingdom national\u2019s spouse or civil partner,<\/em><\/p>\n(ii) a direct descendant of the United Kingdom national, or of the United Kingdom national\u2019s spouse or civil partner, and is-<\/em><\/p>\n(I) under the age of 21, or<\/em><\/p>\n(II) a dependent of the United Kingdom national, or of his or her spouse or civil partner,<\/em><\/p>\n(iii) a dependent direct relative in the ascending line of the United Kingdom national, or of his or her spouse or civil partner, or<\/em><\/p>\n(iv) a person, other than a permitted family member, whose presence is required by the United Kingdom national in order not to deprive the United Kingdom national of a right of residence to which Part 2 of the Withdrawal Agreement applies,<\/em><\/p>\nand<\/em><\/p>\n