What is the change? Brexit will come fully into effect on Jan. 1, 2021 when the U.K. leaves the EU after the end of the transition period.

What does the change mean? The Department of Justice has announced that nothing will change for U.K. nationals living in Ireland; they may continue to reside, work and travel in Ireland. Similarly, family members and dependents of U.K. Nationals who are living in Ireland with valid ‘Stamp 4 EU Fam’ permission, will retain their same residency rights. However, they will be required to exchange their current ‘Stamp 4 EU Fam’ Irish Residence Permit (IRP) Card for a new one that will state their residence rights derive from EU Free Movement under the Withdrawal Agreement.

  • Implementation time frame: This change is set to take effect from Jan. 1, 2021. Affected individuals will have until Dec. 31, 2021, to apply for their new IRP card.
  • Who is affected: All non-EEA nationals who are living in Ireland on the basis of their relationship with a U.K. national, and who therefore currently hold ‘Stamp 4 EU Fam’ permission on this basis. If an individual holds this permission, then their IRP card will note ‘Stamp 4 EUFam’ under type of permit. This will only apply to those who have held this permission since Dec. 31, 2020, or before.

Additional Information:

  • For non-EEA nationals living in Ireland: The card exchange program will apply from Jan. 1, 2021, and be administered by the Immigration Service of the Department of Justice for applications nationwide. Applications to exchange the IRP cards will be made through the online renewal system. The online application system will ask individuals to confirm that they have been exercising EU Treaty Rights to reside in the State on or before Dec. 31, 2020, and continue to do so. Individuals will be asked to submit their current valid Irish Residence Permit card. They will then be issued a new IRP card. The deadline to make an online application is Dec. 31, 2021.
  • For U.K. nationals living in Ireland: There will be no change for U.K. nationals who wish to live in Ireland after Dec. 31, 2020. Their rights under the Common Travel Area (CTA) will continue to be protected. For U.K. nationals residing in Ireland, there is no required action, and they will not need to hold any documentation. However, if a U.K national wants documentation, they may request it.
  • For U.K. nationals and their non-EEA family members coming to live in Ireland after Dec. 31, 2020: The IRP exchange scheme explained above, will not apply to those wishing to enter Ireland after Dec. 31, 2020. A new scheme will be introduced for U.K. nationals who come to Ireland after Dec. 31, 2020, and wish to bring their non-EEA family members. Details of this are yet to be confirmed.

Analysis & Comments: Deloitte welcomes this update on the position of non-EEA dependents and family members of U.K. nationals currently in Ireland. The update means that such individuals will retain their rights to live, work and study in Ireland.

Non-EEA dependents and family members of U.K. nationals, will still need to hold a valid, in-date IRP card in order to reside and travel in and out of Ireland. They will also need to exchange their current ‘Stamp 4 EU Fam IRP’ card by 31 December 2021. Employers should reach out to any employees who may be impacted by this change, and ensure that their permission is updates by this date.

The process for non-EEA dependents and family members of U.K. nationals who wish to enter Ireland post Brexit (after Dec. 31, 2020), has not yet been confirmed. Deloitte will assess this process once the details are released.

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