Right to reside
This revised definition confirms that the legal basis for the exemption of British citizens from passport checks within the Common Travel Area between Ireland and Britain continues to apply.
In addition, under the Common Travel Area agreement, Irish and British citizens continue to enjoy the right to reside and access employment in either country.
This essentially means that British citizens do not need to take any action to protect their right to live and work in Ireland.
Pre-clearance scheme
EU Treaty Rights’ permission is no longer available to non-EEA family members of British citizens.
All non-EEA family members of British nationals seeking to join their British national family member in Ireland will need to apply through a pre-clearance or visa scheme from outside the State. This has been the case since 31 December 2020.
This new pre-clearance scheme only applies when a British national has come to live in Ireland after 31 December 2020.
If a British national is living in Ireland on or before that date, they and their eligible non-EEA family members will be a beneficiary under the Withdrawal Agreement.
Under the new pre-clearance scheme, all applications must be made from outside of Ireland, and applicants must remain outside the State while their application is being processed.
Visa-required nationals will have to make a visa application only under the relevant visa scheme, whereas non-visa required nationals will need to apply for pre-clearance.
Employment permits
In Ireland, employment permits will generally not issue unless, at the time of application, at least 50% of the employees in the company are EEA nationals.
The act provides for an amendment to the Employment Permit Acts 2006.
The amendment facilitates the continued inclusion of British citizens, including citizens from the Channel Islands and the Isle of Man, in the EEA employee count for the purposes of the 50:50 rule.
Irish employers, British employees and their non-EEA family members should be aware that, although there is no change in the rights of British citizens to live and work in Ireland, there are new requirements for non-EEA family members of British citizens coming to live in Ireland post 31 December 2020, MH&C points out.