As most people are undoubtedly aware the United Kingdom formally left the European Union at midnight on Friday 31st January 2020. Prior to the United Kingdom leaving the EU a Withdrawal Agreement had been reached between the EU Member States and the United Kingdom. This Agreement sets out the terms under which the United Kingdom would exit from the EU. Under the Agreement a transition period is now in place which will last until 31st December 2020 however we understand that the Withdrawal Agreement may however last beyond this date.
Under the terms of the Withdrawal Agreement EU rules and regulations will be applicable to the United Kingdom during this transition period. Citizens of the United Kingdom will therefore still have the right to reside and work in other EU Member States exercising their EU Treaty Rights and their families will thus continue to be entitled to enter other EU member states and apply for residence cards as they have done to date. This right will of course be abolished once the transition period comes to an end.
Having regard to UK citizens living in the Republic of Ireland, this means that until the transition period ends, non-EEA family members of UK citizens resident in Ireland will continue to fully benefit from the rights granted to them under the Free Movement of Persons Directive (aka the Citizens Rights Directive). Family members will continue to be issued with residence cards as the family members of EU/UK nationals who are exercising their EU treaty rights in the State up until the end of this transition period. Similarly, family members who are not yet in the State may continue to apply for visas to join or accompany their UK citizen family member to the State and thereafter apply for a residence card.
The Department of Justice and Equality have yet to announce how applications for visas and residence for non-EEA national family members of British citizens will be dealt with in the future however we understand that full information on this will be provided closer to the end of this transition period.
Should you have any queries on your rights as a family member of a British citizen living in Ireland or any other queries in relation to EU treaty rights or immigration matters do not hesitate to contact our Immigration Department today on 0035314062862, or info@sinnott.ie.
