What is the change?

Brexit will come fully into effect on 31 December 2020, when the UK leaves the EU after the end of the transition period. The Department of Justice have announced that nothing will change for UK nationals living in Ireland; they may continue to reside, work and travel in Ireland. Similarly, family members and dependants of UK 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.

Key points

• Implementation time frame: This change is set to take effect from 01 January 2021. Individuals affected will have until 31 December 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 UK 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 31 December 2020, or before.  

Next steps

• For non-EEA nationals living in Ireland: This card exchange programme will apply from 01 January 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 31 December 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 31 December 2021. 
• For UK nationals living in Ireland: There will be no change for UK nationals who wish to live in Ireland after 31 December 2020. Their rights under the Common Travel Area (CTA) will continue to be protected. For UK nationals residing in Ireland, there is no required action, and they will not need to hold any documentation. However, if a UK national wants documentation, they may request it. 
• For UK nationals and their non-EEA family members coming to live in Ireland after 31 December 2020: The IRP exchange scheme explained above, will not apply to those wishing to enter Ireland after 31 December 2020. A new scheme will be introduced for UK nationals who come to Ireland after 31 December 2020 and wish to bring their non-EEA family members. Details of this are yet to be confirmed.
  

Analysis and comments

Deloitte welcomes this update on the position of non-EEA dependants and family members of UK nationals currently in Ireland. The update means that such individuals will retain their rights to live, work and study in Ireland.

Non-EEA dependants and family members of UK 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 dependants and family members of UK nationals who wish to enter Ireland post Brexit (after 31 December 2020), has not yet been confirmed. Deloitte will assess this process once the details are released.

If you have employees or potential new hires who may be impacted by the above changes, please contact the Deloitte immigration team to assist.