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UK citizens are not considered ‘non-nationals’ for the purposes of Irish Immigration law and will continue to enjoy arrangements under the Common Travel Area including the Freedom to live in the State after the UK leaves the European Union. Non-EEA family members of UK nationals seeking to join or accompany their UK national family member in Ireland will need to apply through a preclearance scheme.  This scheme only applies to family members of UK nationals who came to Ireland to live after the 31st December 2020.

Eligible non-EEA citizens can apply, before traveling to Ireland, for permission to live in the State and, once secured, they will be able to travel and live in Ireland with their UK National family member.

At the end of the transition period, UK Nationals who wish to move to Ireland and bring their non-EEA family members will no longer be able to apply under the EU Free Movement Directive. To ensure an alternative pathway is in place immediately following the UK withdrawal from the EU, the Preclearance Scheme will be open for applications from 1 January 2021.”

The UK National will be able to sponsor their eligible non-EEA family members to join them in Ireland.

This Scheme only applies where the UK citizen has come to live in Ireland after 31 December 2020 or, if living in Ireland before 31 December 2020, is not a beneficiary of the Citizens Rights provisions under the Withdrawal Agreement between the United Kingdom and European Union.

“If they are living in Ireland on or before that date they, and their eligible non-EEA family members living with them, will in most cases be a beneficiary under the Withdrawal Agreement. The non-EEA family members can simply replace their current residence permission granted under EU law with a domestic permission under the terms of the Withdrawal Agreement”.

The policy document (https://bit.ly/38qOt66) sets out the eligibility criteria for the scheme and how to apply. Applications are only required from those planning to stay in Ireland for longer than 3 months.

All applications must be made from outside of Ireland and applicants must remain outside the State while their application is being processed.

Applications can be made online from 1 January 2021 at: http://www.inis.gov.ie/en/INIS/Pages/joining-your-uk-national-family-member-in-ireland

If you would like more information on non-EEA family members of UK nationals in Ireland, contact us on enquires@granitelegalservices.co.uk

Granite Immigration Law

Granite Immigration Law is part of Granite Legal Services which is a newly established business law practice in Newry City. Our solicitors are UK / Irish dual qualified. We have a dedicated immigration team working on individual and business immigration matters covering a wide range of matters from citizenship to employment permits and EU Treaty Rights.