The purpose of this chapter is to illustrate that Irish nationals (citizens) should be entitled to continue to come to the UK to work in all likely scenarios, even in a hard Brexit. The has been a very firm commitment to the common travel area has been subject of a specific agreement between Ireland and the UK in May 2019.
The chapter also illustrates broad conditions for acquiring Irish citizenship which may be open to some of a trader’s EU 26 nationals. The process takes several months at present, so early consideration might be given to the issue where qualification is possible.
Common Travel Area
Irish citizens and UK citizens will have extensive mutual rights to travel freely between Ireland and the UK. These rights apply to Irish and UK nationals, i.e. persons were citizens.
The right is more than just one of free travel and includes a right to come to work in the other country and do business. Therefore, traders should be a position to second or send Irish citizens to undertake work in NI. Depending on who is the employer, their exact status and the duration of the stay, they may come within the UK income tax/PAYE obligations.
Movement of Irish and British citizens
- The CTA allows Irish and British citizens to move freely between Ireland and the UK. The Participants are to continue to ensure that their national laws facilitate such movement.
The right to reside
- The CTA permits Irish citizens to take up residence in the UK and British citizens to take up residence in Ireland. The Participants are to continue to ensure that their national laws provide for such a right to reside.
The right to work
- The CTA affords Irish citizens in the UK and British citizens in Ireland the right to work, including on a self-employed basis, without any requirement to obtain permission. Participants are to continue to ensure that their national laws provide for such a right to work. It is acknowledged that the recognition of qualifications, including professional qualifications, is an essential facilitator of the right to work associated with the CTA. The Participants are committed to ensuring that within their respective jurisdictions, comprehensive measures continue to be in place to allow for the recognition of such qualifications, covering all relevant professions, in accordance
with their national laws.
- The CTA affords Irish citizens residing in the UK and British citizens residing in Ireland the right to access emergency, routine and planned publicly funded health services in each other’s state, on the same basis as citizens of that state.
- The CTA affords Irish citizens residing or working in the UK and British citizens residing or working in Ireland, social security rights in each other’s state. They are entitled, when in the other state, to the same social security rights, and are subject to the same obligations, as citizens of that state.
- The CTA affords Irish citizens residing in the UK, and British citizens residing in Ireland, the right to access social housing, including supported housing and homeless assistance, in each other’s state, on the same basis as citizens of that state.
- The CTA affords Irish and British citizens the right to access all levels of education and training, and associated student support, in each other’s state, on terms no less favourable than those for the citizens of that state.
- Irish citizens residing in the UK, and British citizens residing in Ireland, are entitled to register to vote with the relevant authorities for local and national parliamentary elections in each other’s state, on the same basis as citizens of that state. Upon reaching voting age, these citizens are entitled to vote in those elections on the same basis as citizens in that state.
Further arrangements and implementation measures
- The Participants are committed to ensuring that any necessary steps are taken to give effect to the associated reciprocal rights and privileges outlined above at paragraphs six to thirteen. This includes any necessary legislative steps and further, more detailed, bilateral agreements that may be entered into now or in the future to give effect to specific aspects of the CTA arrangements.
- The Participants will take the necessary steps to provide certainty and clarity about each of the associated reciprocal rights and privileges set out above.
Confirmed by Boris Johnson Government
The Common Travel Area and the associated rights of Irish citizens in the UK.The UK and Irish governments have made firm commitments to protecting existing Common Travel Area (CTA) arrangements, including the associated rights of British and Irish citizens in the other state.
This means that Irish citizens will continue to have the right to enter, live and work in the UK without requiring permission. The government will appropriately reflect this position in legislation ahead of the introduction of the new points-based immigration system. The close family members of Irish citizens arriving in the UK after Brexit on 31 January 2020 (who are non-British, non-Irish citizens) may apply for Euro TLR. Those who do not will need to apply under the new immigration system if they wish to remain here after 31 December 2020. The UK will also maintain its existing approach to the operation of immigration controls for journeys from within the CTA to the UK.