Factsheet 3: status of Irish citizens
Updated 21 December 2018
© Crown copyright 2018
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/immigration-and-social-security-co-ordination-eu-withdrawal-bill/factsheet-3-status-of-irish-citizens
What does the Bill do?
The Government introduced the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons on 20 December. See Factsheet 1 for an overview of the Bill.
The Bill includes provision to ensure that when free movement ends the long-standing status of Irish citizens in the UK to enter and remain freely is preserved.
The Bill does not affect the operation of the Common Travel Area (CTA).
The Immigration Minister said:
We are proud of our deep and historic ties with Ireland. The government has always been clear in its commitment to preserve the long-standing domestic Common Travel Area arrangements.
This Bill provides certainty and clarity for Irish citizens on their rights to enter and live in the UK, reflecting the reciprocal arrangements for British citizens in Ireland.
Irish citizens: entitlement to enter and remain without leave
What does the Bill do?
Protect the status of Irish citizens in the UK once free movement rights end. This means that Irish citizens will continue to be free to enter and remain in the UK without restriction unless they are subject to a deportation order, exclusion order or international travel ban.
How does the Bill do it?
The Bill makes it clear that Irish citizens can continue to freely enter and reside in the UK without requiring permission to do so.
Background
The CTA allows British and Irish citizens to move freely between Ireland and the UK and the Crown dependencies. Under reciprocal arrangements since Ireland’s independence, British and Irish citizens have enjoyed associated rights in each other’s state. These include the right to work and study, access to healthcare and social and welfare benefits, and voting rights in local and parliamentary elections. This status also supports the birth right of the people of Northern Ireland to identify themselves and be accepted as Irish, British or both and have the right to hold both British and Irish citizenship.
An Irish citizen’s status in the UK is a fundamental part of these historic arrangements. Irish citizens do not require permission to enter or reside in the UK. Currently this right of entry and residence stems from the Immigration Act 1971 (when entering from Ireland) and the EEA Regulations (when entering from outside the CTA). The Bill preserves the immigration status of Irish citizens clearly based on an individual’s nationality rather than where they travelled from.
As now, there are some exceptions to this, specifically where an Irish citizen is subject to a deportation order, exclusion order or international travel ban.