Dáil Éireann Debate, Wednesday - 21 April 2021
852. Deputy Niamh Smyth asked the Minister for Foreign Affairs if he will review a case (details supplied); if he has come across an issue similar to this regarding Brexit; and if he will make a statement on the matter. [19017/21]
View answerWithout clarity as to the legal basis on which the policies of the company concerned are informed, it is not possible to comment on this individual case. However, I would like to set out the general position on cross-border working.
I am conscious of the cross border nature of many people’s lives, and have prioritised continued facilitation of this throughout the Brexit process.
Irish or British citizens living and working anywhere on the island of Ireland or between Ireland and Great Britain, including as frontier workers, do not need to take any action in order to continue to do so.
The Common Travel Area (CTA) continues to operate. This provides Irish and British citizens with rights to reside and work in either jurisdiction, as well as access to a range of associated rights and entitlements, on the same basis as citizens of the other State.
The EU-UK Withdrawal Agreement and the Trade and Cooperation Agreement both recognise the CTA. Irish officials across Government continue to work with UK counterparts in support of its continued operation.
For frontier workers who are not Irish or British, as of 1 January 2021, the UK has introduced some changes.
For non-Irish EU citizens, the Withdrawal Agreement protects the rights of (already established) frontier workers or frontier self-employed persons in the countries where they work, so that their arrangements can continue.
Under the terms of the Withdrawal Agreement, a non-Irish EU national living in Ireland, and working in Northern Ireland, before the end of the transition period can continue, as a frontier worker. They must apply for a frontier worker permit from the UK Government in order to do so.
For new non-Irish EU citizen frontier workers as of 1 January 2021, the UK Government has introduced a new immigration system. This means that non-Irish EU citizens who wish to begin employment in the UK while remaining resident outside the UK will need to apply for a visa.
Non-EU citizens continue to be subject to the relevant immigration rules in both jurisdictions.
