US holder Irish passport, wants to work in the UK

[oneillsdc5]

Hello,
My question: Can I just start working in the UK right away, assuming I am hired?
The problem: I'm a U.S.-citzen, who has received an Irish passport because my mother was born in Ireland. That makes me a E.U.-citizen (EEA countries).

The UK's home office Web site says that permission to work in the UK isn't needed if you're a national of one of the EEA countries.

But I have never worked or lived as a national in any of the EEA countries, including Ireland.
Would I have to apply for permanent residency in one of the EEA countries to be able to claim the right to work in the U.K.? I've looked through the official Web sites but I can't find an answer.

Thanks

[Kayalami]

As an EEA national you have the right to reside and work in any other EEA country. You only need provide evidence of your EEA status by showing your Irish Passport at a port of entry. You will then be admitted into the UK - no endorsments will be made on your passport. You are eligible to be treated like the nationals of the relevant EEA country for employment purposes. Such does not exempt you from relevant regsitration legislation e.g. to be a medical doctor.

Under European law your family members even if they are non EEA nationals may also accompany you to the other relevant EEA state (not your own country unless under specific circumstacnes) if you are going there to exercise treaty rights = employment/ self employment. Family members are defined as your spouse, children unmarried and under 21, family in the ascending line = father, grandfather etc who are dependent on you. Parties deemed to be in a sham/ marriage of convenience to circumvent national immigration laws are exempt from the family member.

Once you have entered the UK then you should proceed to obtain a job and a national insurance number (social security card). EEA nationals may apply to the UK's Home Office (equivalent to DHS) for a residence permit (usually valid for 5 yrs but sometimes 1 yr given e.g. students) as proof they have the right of residence under European law. The RP is not compulsory but it is a pre-requisite for Indefinite Leave To Remain in the UK aka permanent residence and eventual british citizenship (if you so wish). Often the RP is used to obtain a residence document for the non EEA family members. IIRC the RP was to be scrapped this year but the UK may have opted out. The procedure should be the same for any EEA country with their respective DHS, SSA equivalents.

Good luck

[JAJ]

EEA nationals may apply to the UK's Home Office (equivalent to DHS) for a residence permit (usually valid for 5 yrs but sometimes 1 yr given e.g. students) as proof they have the right of residence under European law. The RP is not compulsory but it is a pre-requisite for Indefinite Leave To Remain in the UK aka permanent residence and eventual british citizenship (if you so wish).

As far as I am aware, Irish citizens have enhanced rights compared to other EEA nationals (due to the Common Travel Area) and are deemed to have permanent residence immediately upon arrival.

Hence a residence permit is not required to naturalise as British after 5 years, similarly children born in the UK (to an Irish citizen) should automatically be British citizens in most cases.

Irish citizens may consider sponsoring a spouse under normal UK visa rules (as opposed to EEA rules) as this may give the spouse a quicker route to permanent residence.

The original poster should also be aware that any children he has born outside Ireland and Northern Ireland can be *registered* as Irish citizens by descent.

[rogerroger]

i guess the common travel area is the irish republic and the united kingdom, correct?

[JAJ]

i guess the common travel area is the irish republic and the united kingdom, correct?

Plus the Isle of Man and Channel Islands.

However the Republic of Ireland does conduct immigration checks on arrivals from the United Kingdom - although British citizens do not require a passport it is advisable to have one (or other proof of British citizenship).

[rogerroger]

thanks for the information

so if one hold indefinite leave to remain in the UK, does he/she need a visa to travel to Ireland?

[lemess]

thanks for the information

so if one hold indefinite leave to remain in the UK, does he/she need a visa to travel to Ireland?

If one is a visa national for Ireland then yes.
Checks between ROI and the UK are infrequent but do occur and the freedom of movement actually only applies to nationals of the UK and Ireland.

[rogerroger]

would they not have had the freedom anyways (on account that ireland is a european union country)

e.g. visa free travel is alowed for france, germany, italy ....

in that case is there an additional benefit of the Common Travel Area?

[JAJ]

would they not have had the freedom anyways (on account that ireland is a european union country)

e.g. visa free travel is alowed for france, germany, italy ....

in that case is there an additional benefit of the Common Travel Area?

You are not being clear in what you are saying. It's not usually a problem for EEA nationals, but if you are a citizen of a country that requires an Irish visa, you do not necessarily have the right to travel to the Republic of Ireland from the UK.

[rogerroger]

my question is what is the Common Travel Area?

i was under the impression that irish and uk citizens can travel into each other's countries using the european free visa regulation then who benefits from the Common Travel Area?

[ppron747]

my question is what is the Common Travel Area?

i was under the impression that irish and uk citizens can travel into each other's countries using the european free visa regulation then who benefits from the Common Travel Area?

According to Diplomatic Service Procedures Volume 1, on the UKVisas website -

"1.10 - The Common Travel Area (Rules Paragraph 15)
The UK, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form the Common Travel Area. In Immigration terms, this means that a person accepted for entry at any point in the Area does not normally require leave to enter any other part. There are exceptions for certain persons entering through the Republic of Ireland.

Those in transit through the UK to the Republic of Ireland are dealt with in Chapter 11.

Instructions for dealing with applications for entry into the Channel Islands and the Isle of Man are given in Annex 1.6.

Information on the visa regulations of the Republic of Ireland is contained in Volume 3.

Guidance on entry to the Channel Islands by EEA nationals and their dependants is contained in Chapter 21."

The missing link is that Volume 3 (which deals with Ireland's visa regulations) does not seem to be available online.

[JAJ]

my question is what is the Common Travel Area?

i was under the impression that irish and uk citizens can travel into each other's countries using the european free visa regulation then who benefits from the Common Travel Area?

What do you mean by 'european visa free regulation'?

The Common Travel Area gives Irish citizens in the UK *more* rights than those required under the European Treaties.

[oneillsdc5]

cheers!

[joshuaes]

JAJ (or anyone), can you define "more" rights than other EEA nationals when it comes to Irish citizens in the UK. I am still unclear as to what those right are. It appears that the home office keeps things purposefully unclear.

Should, or for that matter can I, apply for a permanant resident card based on the Common Travel Area considerations? I believe I already possess ILR? Would the permanant resident visa reflect that giving me settled status? I do believe that I still have to wait the five years for naturalisation.

Incidentally what are the restrictions for "home" tuition and recieving home aid for incidentals while in university?

[JAJ]

JAJ (or anyone), can you define "more" rights than other EEA nationals when it comes to Irish citizens in the UK. I am still unclear as to what those right are. It appears that the home office keeps things purposefully unclear.

"More rights" includes:

- the right to vote in general elections and stand for public office (although Maltese and Cypriots have these, as they are Commonwealth citizens)
- children born in the UK should be British citizens by birth (as parent is "settled")
- the right to claim social security benefits
- the right to sponsor relatives for residence in the UK

As far as your rights to live and work in the UK are concerned, it's very clear - you can stay as long as you like. The only thing the Home Office does seem to make "unclear" is the ease of the naturalisation process.

Should, or for that matter can I, apply for a permanant resident card based on the Common Travel Area considerations? I believe I already possess ILR? Would the permanant resident visa reflect that giving me settled status? I do believe that I still have to wait the five years for naturalisation.

As far as I am aware you already possess the equivalent of ILR. You don't need any proof, your Irish passport is sufficient evidence of this.

I don't know if there is any ILR "stamp" that Irish citizens can receive before four years in the UK, however.

Incidentally what are the restrictions for "home" tuition and recieving home aid for incidentals while in university?

Citizenship or permanent residence is not enough in the UK. You will probably find you need 3 years residence in the UK or another EEA state to qualify.