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Family life in the Common Travel Area after Brexit

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

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secret.simon
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Family life in the Common Travel Area after Brexit

Post by secret.simon » Thu Aug 29, 2019 10:18 am

This is just a Twitter thread that talks of moving within the CTA (between the UK and Ireland) post-Brexit. I do not have much detail or knowledge in this field and hope that others (such as Obie, who is quite learned in this field) contribute.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Family life in the Common Travel Area after Brexit

Post by CR001 » Thu Aug 29, 2019 10:21 am

See also this post from a BC spouse and family in Ireland.

ireland/spouse-of-british-citizen-will- ... l#p1819097
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Family life in the Common Travel Area after Brexit

Post by secret.simon » Thu Aug 29, 2019 10:25 am

Wow, that was fast, CR001.

I see that Ireland is being pro-active with regards to moving people onto the domestic immigration route. Does anybody know if they have better, the same or worse terms compared to the EU routes?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: Family life in the Common Travel Area after Brexit

Post by Obie » Thu Aug 29, 2019 10:40 am

The department of Justice has issued statement as early as May this year about the position in the event of a no deal brexit.

http://www.inis.gov.ie/en/INIS/Pages/in ... aty-rights

Even though all these difficulties were caused by the UK, and are likely to have an effect on the peace and prosperity in this Ireland, the Irish authorities are not vindictive, and have always reassured British family members not to be worried.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Obie
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Re: Family life in the Common Travel Area after Brexit

Post by Obie » Thu Aug 29, 2019 10:46 am

secret.simon wrote:
Thu Aug 29, 2019 10:18 am
This is just a Twitter thread that talks of moving within the CTA (between the UK and Ireland) post-Brexit. I do not have much detail or knowledge in this field and hope that others (such as Obie, who is quite learned in this field) contribute.
Not sure the premise of that thread. The concept of the CTA and EU freemovement are separate matters altogether. The only thing that link them to EU law, is the frontier protocol, which permits UK and Ireland the right to examine individuals entering their territory from other parts of the EU.

The CTA predates the UK and Ireland's membership of the EU, and its scope are confined to Irish and British national, and has no application to their non EEA family members.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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Re: Family life in the Common Travel Area after Brexit

Post by Richard W » Thu Sep 19, 2019 12:47 am

Obie wrote:
Thu Aug 29, 2019 10:46 am
The CTA predates the UK and Ireland's membership of the EU, and its scope are confined to Irish and British national, and has no application to their non EEA family members.
That's not quite true.

As can most clearly be seen from Article 24 of the The Immigration, Nationality and Asylum (EU Exit) Regulations 2019, Article 4(1) of the Immigration (Control of Entry through Republic of Ireland) Order 1972 allows non-visa national family members with an 'enforceable EEA right' to freely cross from the Republic to the UK; they are not restricted to ports.

Come Brexit, this right is restricted to retained rights, even though as things currently stand the EEA Regulations will remain in force after Brexit.

Obie
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Re: Family life in the Common Travel Area after Brexit

Post by Obie » Thu Sep 19, 2019 7:01 am

I am a bit concerned that you have got yourself into a muddle here. You appear extremely confused on the application of these legal provision. They are extremely complex and due care and attention is required to make sense of them.

Enforceable rights or Retained enforceable rights in that context, refers to rights accrued in the UK at a time when UK was member. It does not cover individuals who never had such rights before UK's departure.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

rohitagrwal
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Re: Family life in the Common Travel Area after Brexit

Post by rohitagrwal » Wed Nov 06, 2019 1:39 pm


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