The Irish Immigration and Naturalisation Service has just issued a note on how Non- EEA British citizens will be restricted from having their family members join them in Ireland in the case of a no deal Brexit.

 

Arrangements are being put in place for non-EU/EEA family members of UK citizens who have been exercising Free Movement rights here up to 29 March 2019 to facilitate their transfer under domestic immigration arrangements to provide for their continued residence in the State.

 

After the 29th March, it seems that those with British Nationality who wish to apply for their family members to join them in the State will no longer be in a position to make such an application according to the guidance note issued on the 15th March by INIS.

 

Please see the following Important Notice which the Department have published on their Website.

 

Information note on non-EEA family member of UK citizens seeking EU Treaty Rights

  • Do you currently have a right of residence in Ireland as a non-EEA family member of a British EU citizen?
  • Will your situation remain the same after Brexit?
  • If on that date you are in possession of a valid Stamp 4 EUFam card issued by the Irish authorities what should you do?

This communication is for the information of non-EU/EEA nationals who are residing in the State as a family member of a British citizen. Its purpose is to provide an update on our approach in the event that the UK leaves the EU without ratifying the draft Withdrawal Agreement (no-deal)[1].

 

  • If your application is still being processed – At this stage, no specific action is required from you if your application is being processed.
  • If you are the holder of a valid Stamp 4 EUFam card – As a person who is currently entitled to avail of the European Communities (Free Movement of Persons) Regulations 2015, you should have no concerns regarding your continued residence in Ireland after the 29 March 2019. In a no-deal scenario you will no longer be subject to the provisions of the Free Movement Directive and the exercise of EU Treaty rights and entitlements. However, arrangements are being put in place for non-EU/EEA family members of UK citizens who have been exercising Free Movement rights here up to 29 March 2019 to facilitate their transfer under domestic immigration arrangements to provide for their continued residence in the State. Insofar as possible, the objective is to retain similar rights to those that you would have enjoyed as a family member of an EU national including access to the labour market.
  • In accordance with existing requirements, please update this office if there is any change in your circumstances including a change of address. You can contact this office by email at eutreatyrights@justice.ie

 

In the event that there is a deal, then the provisions of the Withdrawal Agreement on Citizens Rights will apply to your circumstances.

A communication strategy is being put in place that will include contacting relevant customers directly in the event of a no-deal Brexit. This will be supplemented by regular updates on our website.

Further updates will issue in respect of UK nationals coming here post 29 March 2019 in a no-deal scenario.

 

Footnote 1 – UK withdrawal from the EU

On 29 March 2019, the United Kingdom will leave the EU and become a third country (unless the negotiating period is extended). We do not know yet if the draft Withdrawal Agreement will be ratified on that date. However, if the draft Withdrawal Agreement is ratified before then, EU law will cease to apply to and in the UK on 1 January 2021, i.e. after a transition period of 21 months. In circumstances where the Withdrawal Agreement is not ratified before 29 March 2019, there will be no transition period and EU law will cease to apply to and in the UK as of 11pm (midnight CET) on 29 March 2019. This is referred to as the “no deal” scenario and is the subject of this communication.

EU Treaty Rights Division

Published 8 March 2019

Linkedin Article By Carol Sinnott