Ahmed mohamed 1967 wrote: ↑Mon Jun 18, 2018 8:48 am
Do Irish citizens have to apply for indefinite leave to remain in UK after brexit? Are they exempted?
Like all EEA nationals, they will be free to enter the UK from the Republic and remain, by Section 4 of the
Immigration (Control of Entry through Republic of Ireland) Order 1972, as amended, plus Section 1(3) of the Immigration Act 1971. However, in general, only the Irish will be able do this and thereby acquire settled status in terms of nationality law - a 'qualifying CTA entitlement'.
What the Irish will lose as things stand is the right to fly back from a holiday in Spain, land in Luton, and go back to work in the UK without travelling via the Republic. In theory, if they have no leave to remain, their earnings can then be confiscated as proceeds of crime. Quite possibly, though, they might be automatically granted permission to work on arrival; the Immigration Rules, so far as I am aware, have yet to be so updated. (The statement of intent on settled status betrays a glaring ignorance of the legal basis of Irish rights in the UK.)
However, according to the statement of intent on settled status, for EU nationals the new settled status will be evidenced by an entry in a government database rather than a piece of plastic they can present to employers. Either landlords will be expected to be connected to the internet; EU nationals will in practice be free to rent permanent accommodation regardless of their immigration status (as now); or we'll be back to 'No dogs, no Irish'.
