As previously highlighted on Berkeley Solicitor’s Immigration Blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit.

There is no clear outline in these letters as to what these transitional arrangements will be.

This has caused much anxiety to the holders of the EU FAM residence cards as highlighted by the Irish Times in their article of the 18^th September 2019.

What is not mentioned is this article is that the further information and clarification outlined on The European Commission’s website which currently states as follows:

“Member States have prepared or adopted national contingency measures to ensure that UK nationals and their non-EU family members could remain legally resident in the immediate period after a no-deal withdrawal. To provide further clarity on the situation, the Commission, based on the information provided by the EU27 Member States, makes available an overview table and a Q&A on UK nationals’ residency rights in each of the EU27 Member States.  

Ireland

I am a UK national living in Ireland. In case of a no-deal scenario, what should I do to keep my residence rights after Brexit date? When should I do it?

All UK nationals have a right under the Common Travel Area to live in Ireland.

You do not need to take any action to continue to live in Ireland after Brexit date.

What will my rights be?   

Under the Common Travel Area (CTA), British citizens can move freely to, and reside in, Ireland and can enjoy associated rights and privileges including access to employment, healthcare, education, social benefits, and the right to vote in certain elections.

The Government of Ireland and the UK Government signed a Memorandum of Understanding on 8 May 2019‌, reaffirming their commitment to maintaining the CTA in all circumstances.

More details can be found here

How can I travel to other Member States or cross the EU external borders?     

You will have to carry your passport, and fulfil any visa requirements, which may be introduced by other Member States.

 I have resided in Ireland for more than five years. How can I obtain EU long-term residence status?   

Ireland, does not participate the Directive (2003/109/EC) which deals with long term residence for third country nationals.  Therefore, the EU long-term resident status does not apply for UK nationals in Ireland.

 My family members (spouse, children) are citizens of a third country (neither EU nor UK). What should they do to keep their residence rights?

1. a) If they already have a residence card issued under EU free movement law, this will be considered as their temporary residence permit until 31 October 2020, i.e. 12 months after Brexit date. After 31 October 2020, i.e. 12 months after Brexit date, they will have to apply for a new residence permit, according to the law that will be applicable at that time.
2. b) If they do not have a residence card, they will have to apply for a residence permit as soon as possible to regularise their position in the State. For information on the application process, please visit this website inis.gov.ie.”

It appears that the current plan is for family members of British citizens to hold their EU Fam residence card for one year as a “temporary residence card”, whilst the new “transitional provisions are put in place.

This suggests that the family members of British citizens do not have to take any steps as their current EU residence card will serve as their temporary residence permission pursuant to Irish law for the first year at least.

If you or your family members are affected please do not hesitate to get in contact with our office.

The European Commission Webpage can be accessed in full here.