Brexit, Migrants' Rights, and the CTA All-Island Women's Forum
Explore the impact of Brexit on migrants' rights and the Common Travel Area in the context of the All-Island Women's Forum. Discover key challenges and changes post-Brexit, along with facts and figures regarding foreign nationals in Ireland and Northern Ireland. Delve into the Common Travel Area's provisions and the pre-Brexit free movement scenario for EU citizens. Learn about the implications of Brexit on EU citizens visiting Northern Ireland and the potential changes introduced by the Nationality and Borders Bill.
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Brexit, migrants rights and the CTA All-island Women s Forum, 31 March 2022 Tobias Lock, Jean Monnet Chair in EU Law and Fundamental Rights @tobiaslock tobias.lock@mu.ie
Overview 1. Some facts and figures 2. Common Travel Area: personal scope 3. Changes to the pre-Brexit situation 4. Challenges since https://doi.org/10.1017/9781009109840.017 maynoothuniversity.ie
Foreign nationals in IRL/NI IRL (2021 CSO estimate) total pop of 5.01 million, of whom 118.2k = UK nationals 347.1k = EU nationals 180.2k = rest of the world i.e. 527,400 non IRL/UK nationals (10.5%) NI (2011 Migration Observatory estimate) total pop of 1.8 million ca. 53, 867 non UK/IRL citizens (ca. 2.9%) All-island: ca. 8.5% of the population are neither Irish nor UK nationals maynoothuniversity.ie
The Common Travel Area 2019 Irish-UK Memorandum of Understanding on the CTA Protocol on Ireland/NI: Article 3 Common Travel Area 1. The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (the Common Travel Area ), while fully respecting the rights of natural persons conferred by Union law. 2. The United Kingdom shall ensure that the Common Travel Area and the rights and privileges associated therewith can continue to apply without affecting the obligations of Ireland under Union law, in particular with respect to free movement to, from and within Ireland for Union citizens and their family members, irrespective of their nationality. CTA grants rights to UK and Irish citizens (only): movement between the two states rights to reside, work, and equal treatment in relation to healthcare, social protection, housing, education, and voting rights. family members not covered no mutual recognition of visa/immigration status maynoothuniversity.ie
Pre-Brexit situation Free movement of people for all EU citizens (incl. Irish/UK) + EEA citizens visits for up to 3 months residence if worker/student/self-sufficient/family member and their family members if accompanying or joining the EU citizen All that was needed: passport or national ID card Non-EU citizens (unless family members of EU/EEA citizens) no free movement across the border: need to comply with immigration rules maynoothuniversity.ie
Since Brexit EU citizens visiting NI no more right to enter NI (at discretion of the UK) new requirements when entering must carry passport (not ID card) Nationality and Borders Bill: electronic travel authorisation (from 2025?) would apply to non-Irish EU citizens (even on local journeys ) valid for how long? cannot bring non-EU family members (need to qualify independently: visa etc) no more right to work/provide services lack of mobility chapter in the TCA very limited economic activity possible resulting disadvantage in the job market in IRL? (nationality discrimination) maynoothuniversity.ie
Since Brexit Non-EU citizens visiting NI nothing changes, unless they are family members of EU citizens Irish and UK citizens visiting NI from IRL? technically no change, but might be advisable to bring passport? EU citizens resident in NI (settled status or other status): retain their rights to enter IRL (with valid ID card) can bring non-EU family members with them accompanying non-EU family members of Irish nationals? as movement from NI to IRL is no longer intra-EU movement, Irish citizens entering IRL from NI can no longer rely on EU rights (and thus their non-EU family members cannot either) must carry passport for re-entry to NI from 2026 maynoothuniversity.ie
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