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UPDATE ON BREXIT AND WHAT IT MEANS FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS EXERCISING THEIR EU TREATY RIGHTS IN IRELAND

At midnight on 31st January 2020, the United Kingdom left the European Union on the basis of the Withdrawal Agreement. This means that the transitional period has commenced and will run until the 31st December 2020.

The Department of Justice and Equality, has published a communication on their website aimed at non-EU/EEA nationals who are residing in the State as the family member of a British citizen.

The Department has confirmed that during this transition period, which will last until at least the 31st December 2020, EU rules and regulations will continue to apply to the family members of British citizens who are currently resident in Ireland, that is to say they will continue to benefit from Directive 2004/38 and the European Communities (Free Movement of Persons) Regulations 2015 which provide for the rights of British citizens to live and work in the EU.

Unfortunately, the Minister has yet to clarify what plan is in place for the family members of British citizens who currently hold EU Fam residence cards after the 31st December 2020.

Furthermore, the update is also silent on the policy to be applied to the family members of British citizens who will have EU residence card and visa applications pending at termination of the transition period.

It is indicated that the Department will announce details of arrangements for non-EEA family members of British citizens closer to the end of the transition period.

This lack of clarity on the status of such applications after the 31st December 2020 is disappointing.

Meanwhile, the EUTR Section of the Irish Naturalization and Immigration Service are in delaying issuing decisions in most applications well beyond the permitted timeframes. For example, many of the residence card applications are taking approximately ten months when the EU Regulations require that they are determined in a six-month period.

This delay is very unsatisfactory especially for the family members of British citizens who are now concerned regarding the pending deadline of the 31st December 2020.

It is advisable to regularly check the Department’s website. Berkeley Solicitors will also update the Immigration Blog as further information becomes available.

We understand many people are concerned regarding the uncertain impact of Brexit on their applications and right to reside and access the labour market in Ireland. If you or your family members are affected please do not hesitate to get in contact with our office.

The update can be read in full here.