The EU-UK Trade and Cooperation Agreement, now in place, means change. It will require adapting to new trading arrangements, rules and regulations. This information will introduce frequently asked questions relating to people for business in Ireland and Northern Ireland and external FAQs.
The Common Travel Area (CTA) was established in the 1920s to give British and Irish citizens to live and work in the UK and Ireland without making an immigration application. The CTA will not change as a result of Brexit. As such: Irish passport holders do not have to make an immigration application (including applications under the EU Settlement Scheme or for a Frontier Worker Permit) in the UK; and British passport holders do not have to make an immigration application in Ireland.
A “Frontier Worker” is an EEA National who lives in one state (e.g. Ireland) but works in another state (e.g. the UK). Under the UK rules, a “Frontier Worker” must be: (i) an EEA national; (ii) not “primarily resident” in the UK; and (iii) working in the UK. A person is not “primarily resident” in the UK if they have: (i) been present in the UK for less than 180 days in the 12-month period immediately before 31 December 2020; or (ii) returned (from the UK) to their country of residence at least: (i) once in the six-month period immediately before 31 December 2020; or (ii) twice in the twelve-month period immediately before 31 December 2020. The UK Government has stated that Irish citizens do not need to apply for a Frontier Working Permit, however, EEA nationals who live in Ireland, do not hold an Irish passport and work in Northern Ireland (or elsewhere in the UK) should make an application for a Frontier Worker Permit rather than under the EU Settlement Scheme, Border People.
As a frontier worker you must pay income tax in the country where you earn your income, but your ultimate tax responsibility is with the country where you live so you must submit an annual self-assessment each year. For more information visit the Border People.
British passport holders will not have to make an immigration application in Ireland. They will continue to have the right to travel to, live and work in Ireland without requiring a visa.
EU passport holders will not have to make an immigration application in Ireland. They will continue to have the right to travel to, live and work in Ireland without requiring a visa.
After 31 December 2020, non-EU nationals, who are family members of a British passport holder and live in Ireland will not benefit from EU legal rights.
From that date, non-EEA family members of British citizens that are newly resident in Ireland will apply under a separate preclearance scheme which will be announced “in the near future” and made available on the Immigration Service Delivery website.
For queries on entitlements during the transition period, contact EU Treaty Rights Division by email at firstname.lastname@example.org
We would encourage you to visit our Guide to People.
EU citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to 6 months. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for a visa in advance.
EU citizens, along with citizens of Australia, Canada, Japan, New Zealand, the USA, Singapore and South Korea – with biometric passports – will continue to be able to use automatic eGates to cross the UK border.
There will not be an immigration route specifically for so called “low-skilled” workers.
The points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor. From January 2021, the job offered will need to be at a required skill level of RQF3 or above (equivalent to A-level). There will also be certain English language requirements. The minimum general salary threshold will be reduced to £25,600. If an applicant will earn less than £25,600 – but no less than £20,480 – they may still be able to apply by ‘trading’ points on specific characteristics against their salary. For example, if they have a job offer in a shortage occupation or have a PhD relevant to the job. Details of how the points system will work are in the policy statement. Click here for an introduction to the UK’s points-based immigration system for employers. If you’re an employer planning to sponsor skilled migrants from 2021, and are not currently an approved sponsor, you should consider getting approved now.
Employers should however begin to budget for visas and associated costs if you think you will need to hire migrant workers after 31 December 2020. Current visa costs can be found here. Employers should note that the following may be required before obtaining a work visa:
– The visa fee (for the visa applied for).
– Certificate of Sponsorship.
– Immigration Skills Charge.
– Immigration Health Surcharge.
– Sponsor Licence fee.
Under the new immigration system, a person must apply for and successfully obtain a visa before coming to work in the UK. It is a criminal offence to work illegally and facilitate illegal work. You can check a person’s “Right to Work” in the UK in the same way as you currently do until 30 June 2021. Until this date job applicants can prove their right to work in the following ways:– EU, EEA or Swiss citizens can use their passport or national identity card; – non-EU, EEA or Swiss citizen family members can use an immigration status document listed in the right to work checks employer guide; – EU, EEA and Swiss citizens and their family members can use their online right to work checking service; If an applicant uses the online checking service this will generate a share code. You must then use the employers’ online service to check their right to work using this share code. You have a duty not to discriminate against EU, EEA or Swiss citizens. Irish citizens will continue to prove their right to work in the UK as they do now.
A person specification or job description should only include the core details of the position being advertised. Anything relating to permission to work in the UK or visa requirements are generally a HR matter and would likely be included as a condition as part of the selection process. The time it takes to secure a candidate who needs a visa will depend on whether the company recruiting is already a sponsored employer. It normally takes 8 weeks (or 10 days using the priority service) to obtain a sponsor licence and several weeks to organise a visa.
There will be no change for British passport holders who wish to live in Ireland after 31 December 2020. Their rights under the CTA will continue to be protected. A new scheme has been introduced for British passport holders who come to Ireland after 31 December 2020 and wish to bring their non-EEA family members. Further details can be found here and here.
Separate arrangements are being put in place for non-EEA family members and/or dependents of British passport holders who are living in Ireland before 31 December 2020 and who hold a ‘EUFAM’ Irish Residence Permit (IRP). These family members will be required to exchange their current valid IRP for a new one stating that their residence rights derive from EU Law and the UK EU Withdrawal Agreement agreed in 2019. January 2022 Update: The Irish Department of Justice has announced a further temporary extension of Irish residence permissions to 31 May 2022. For more information, click here.
Under the Northern Ireland Protocol, from 1 January 2021, the EU Pet Travel Regulation continues to apply to travel into and between Northern Ireland, EU Member States and third countries. In other words, Northern Ireland remains part of the EU Pet Travel Scheme. For more information, click here.
EURES Ireland/Northern Ireland Cross-Border Partnership
EURES is the European Employment Services, a cooperation network designed to facilitate the free movement of workers within the EU 27 countries plus Switzerland, Iceland, Liechtenstein and Norway. These FAQs cover the following topics: