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 and the domestic 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 the Directive.
In relation to the person concerned, their non-EEA family member currently has permission to reside in the State until September 2022 as a qualifying family member of a British citizen exercising his EU Treaty rights. During the latter part of 2019, officials in my Department wrote to many beneficiaries, including the non-EEA family member concerned, at their last furnished address seeking an update on their circumstances in the context of Brexit preparations. However, no response appears to have been received from the person concerned, possibly because they had not notified the EU Treaty Rights Division of my Department of a change of address.
Details of further arrangements and requirements for non-EEA family members of British citizens will be announced closer to the end of the transition period. In accordance with existing requirements, beneficiaries of the Directive are advised to update the relevant areas of my Department if there is any change in their circumstances including a change in their relationship status with their relevant British citizen family member, their civil status and/or a change of address. They can contact my Department by email at eutreatyrights@justice.ie.
