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Brexit Issues

Dáil Éireann Debate, Thursday - 30 July 2020

Thursday, 30 July 2020

Questions (1042)

Holly Cairns

Question:

1042. Deputy Holly Cairns asked the Minister for Justice and Equality if it will be ensured that the INIS website fully reflects the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community 2019/C 384 I/01 for non-EEA family members of British citizens residing here. [20142/20]

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Written answers

The United Kingdom left the European Union at midnight (CET) on 31 January 2020, on the basis of the Withdrawal Agreement. This Agreement includes a transition period, which is due to last until at least 31 December 2020. During the transition period, EU rules and regulations will continue to apply to the United Kingdom and its citizens who will still benefit from the Freedom of Movement Directive 2004/38 EC and the domestic European Communities (Free Movement) Regulations, i.e. the right of British EU citizens to live and work in the European Union.

This means that, until the transition period ends, non-EEA family members of a British EU citizen who are residing in this State also remain subject to the provisions of the Free Movement Directive and domestic Regulations and the exercise of EU Treaty rights and entitlements. British citizens themselves are exempt from the requirements of Irish immigration law and are not subject to any controls in terms of entry, residence or employment in the State. This is reflected separately in the Common Travel Area (CTA) arrangements between Ireland and the United Kingdom and the associated reciprocal rights and privileges enjoyed by Irish and British citizens in each other’s State.

When the transition period ends, the Free Movement Directive will continue to apply, in accordance with the Withdrawal Agreement, to non-EEA family members of British citizens who have exercised their right to reside in Ireland in accordance with Union law before the end of that period and who continue to reside here thereafter in compliance with Directive 2004/38 EC.

Officials in my Department will be engaging in a communications campaign over the coming months that will include updates to the Department’s website and that of Immigration Service Delivery.

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