Brexit Ireland

Brexit: Details available on process for non-EEA family members of U.K. nationals

8 Jan 21

IRELAND

IMPACT – MEDIUM

What is the change? Ireland has implemented new residence processes for non-EEA family members of U.K. nationals following the end of the Brexit transition period on Dec. 31, 2020.

What does the change mean? Before the end of the Brexit transition period, eligible non-EEA family members of U.K. nationals could avail themselves of EU Treaty Rights in Ireland. That is no longer an option with the end of the Brexit transition period. U.K. nationals can sponsor their family member to live in Ireland, however. Depending on the nationality of the non-EEA family member, they will be required to apply through either the preclearance or visa scheme before entering Ireland.

  • Implementation time frame: The change that took effect at 11 p.m. on Dec. 31 is permanent.
  • Visas/permits affected: Residence permits holders who are non-EEA family members of U.K. nationals.
  • Who is affected: The change affects non-EEA family members of U.K. nationals who come to live in Ireland after Dec. 31, 2020. It does not affect non-EEA family members of U.K. nationals who were living in Ireland before Dec. 31, 2020. These individuals will most likely be considered a beneficiary under the EU-U.K. Withdrawal Agreement. More information is available here.
  • Next steps: U.K. nationals and their non-EEA family members, should check whether they meet the eligibility criteria if they wish to enter Ireland and reside there. If the non-EEA family member is a visa-required national, then they will need to apply for a Join Family Entry Visa outside of Ireland. If successful, they will receive an Irish Entry Visa Endorsement in their passport. If the non-EEA family member is not a visa-required national, then they will need to apply through the preclearance scheme, outside of Ireland. If successful, they will receive a preclearance approval letter. A list of countries that require a visa to enter Ireland can be found here.

Background: Before the end of the Brexit transition period, eligible non-EEA family members of U.K. nationals could receive “Stamp 4 EU Fam” permission to reside in Ireland under EU Treaty Rights. The U.K.’s Brexit transition period ended on Dec. 31, 2020, meaning non-EEA family members of U.K. nationals will no longer be able to avail themselves of EU Treaty rights. However, U.K. nationals will be able to act as a sponsor for their non-EEA family members should the family members wish to live in Ireland and meet the eligible criteria.

Non-EEA family members of U.K. nationals may be eligible to avail of this scheme if they are:

  • A non-EEA, non-Swiss national.
  • Being sponsored by an eligible U.K. national.
  • Ordinarily resident outside of Ireland.
  • Of good character and good standing.
  • In a position to show documentary evidence of their relationship to the U.K. national.
  • Intend to live together permanently with your U.K. family member in Ireland.
  • Have medical insurance from a company authorized by the Health Insurance Authority of Ireland.
  • Fall into one of the following categories:
    • Category One: Spouse, civil partner or de facto partner of the U.K. national.
    • Category Two: A dependent child of the U.K. national, or a dependent child of the U.K. national’s non-EEA spouse, civil partner or de facto partner.
    • Category Three: A dependent parent (aged 66 or older) of the U.K. national or a dependent parent of the U.K. national’s non-EEA spouse, civil partner, or de facto partner.

Both the applications for a Join Family Entry Visa and the preclearance scheme can be made online on the AVATS application system. Following the submission of the online form, applicants will need to file their full applications and supporting documents in line with local Irish Embassy policy. Non-EEA family members of U.K. nationals should not enter Ireland until they have been granted their entry visa or preclearance approval letter.

Analysis & Comments: Deloitte welcomes this update on the immigration process for non-EEA family members of U.K. nationals. Individuals should note that eligibility to apply to the above does not mean that it is automatically assumed that the non-EEA national’s application will be granted under the scheme. If a non-EEA family member of a U.K. national wishes to enter Ireland as a visitor, then the above does not apply. If you have employees or potential new hires who may be impacted by the above changes, please contact the Deloitte immigration team to assist.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

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