BREXIT: IMMPORANT NOTICE FOR NON-EEA FAMILY MEMBERS OF UK NATIONALS SEEKING TO MOVE TO IRELAND AFTER 31 DECEMBER 2020

On the 23^rd December 2020, the Department of Justice published an Important Notice for non-EEA family members of UK nationals seeking to move to Ireland after 31^st December 2020:

The Department has also published the Policy Document – Brexit Scheme that applies to Non-EEA Family Members of UK Citizens intending to reside in the State for more than 3 months. Details of the Scheme can be found on this page. 

The following are the essential points:

• UK citizens are not considered ‘non-nationals’ for the purpose of Irish immigration law, and they will continue to enjoy arrangements under the Common Travel Area (CTA) including the freedom to live in the State after the UK leaves the European Union (EU). 

• This Brexit Scheme allows certain non-EEA nationals to apply to join their UK national family member in Ireland. While there is no automatic entitlement to family reunification, UK nationals will be permitted to act as a sponsor of such applications.

• The Brexit Scheme only applies when a UK national has come to live in Ireland after 31 December 2020. If a UK national is already living in Ireland on or before that date they and their eligible non-EEA family members will be a beneficiary under the Withdrawal Agreement. 

• For intended stays of more than 3 months, non-EEA family members will need to apply for either (a) a preclearance, or (b) a visa , depending on your nationality.

• This only applies when the intended period of stay is for more than 3 months. No such application is necessary if the intended period of stay is less than 3 months.

• Visa-required nationals will need to apply for a visa. Non-visa required nationals will need to apply for preclearance.

• Visa or preclearance applications need to be made on-line application through the usual AVATS Portal. Applications will only be possible after 11pm on 31^st December 2020.

• You will need to apply for a preclearance or for a visa from outside the State and you will have to remain outside the State while your application is being processed. 

You can apply under the Brexit Scheme if you are:

– outside of Ireland;

– a non-EEA, non-Swiss national,

– a family member of a UK national,

– sponsored by your UK national family member,

– of good character & good standing (police clearance certificate),

– intend to live together permanently with your UK family member in Ireland, and

– have medical insurance from an authorised company.

There are 3 Categories of applicants: `

Category 1:

– the spouse of a UK national,

– the civil partner of a UK national, or

– the de facto partner (aged 18 years or older) of a UK national.

Category 2 – Dependent child of a:

– UK national sponsor,

– the spouse of a UK national sponsor;

– the civil partner of a UK national sponsor; or – the de facto partner of a UK national sponsor.

Category 3 – Dependent parents (who are aged 66 or older) of:

– the UK national sponsor;

– the spouse of the UK national sponsor;

– the civil partner of the UK national sponsor, or – the de facto partner of the UK national sponsor.

The Sponsor must be:

– A UK national,

– Intending to be resident in the State or already be in the State,

– Self-sufficient, i.e. not on social welfare benefits and must be able to support the applicant(s) financially without recourse to Public Funds.

In the case of a spouse / civil partner / de facto partner applicant, the Sponsor must not have sponsored anyone else in the 7 year period prior to the preclearance/visa application.

The Sponsor must not have been completely or mainly reliant on benefits for a period of two years or longer immediately prior to the application.

Furthermore, the Sponsor must have earned a gross income in each of the 3 previous years in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for Working Family Payment (WFP) (formerly known as Family Income Supplement (FIS)):

The WFP does not apply in the case of a married couple, civil partner / de facto partnership where there are no children and consequently a minimum level of assessable income for couples without children is €20,000 per annum, over and above any entitlement to State benefits.

This figure will rise for UK nationals seeking to be joined by multiple family members and where dependent parents are involved.

If you need advice in relation to any of the above, please do not hesitate to contact us by calling us on 01 671 56 18 or by email at info@dlcm.ie.