Brexit fully came into effect on the 31st December 2020 with the end of the transition period. UK nationals continue to be able to live, work and travel freely in Ireland. UK citizens do not need any additional documentation to reside in Ireland however they can choose to apply for a Withdrawal Agreement Beneficiary Card if they wish.
However there have been some changes for non-EEA family members of UK citizens. If you are a non-EEA family member or a dependent of a UK citizen and are resident on the basis of the Free Movement Regulations and Directive (ie you have an EUFam 4 stamp on your IRP Card) you will be required to exchange your current IRP Card for a new one which will confirm that you benefit from the Withdrawal Agreement.
How do I exchange my EU Fam IRP card for a Withdrawal Agreement IRP Card?
An online renewal system was in place from 01st January 2021 to 30th June 2022. There was no fee to exchange your card but the following are required:
- A copy of the biometric details page of your passport
- Utility Bill/tenancy agreement/landlord’s letter
- Confirmation that you have been exercising your EU Treaty Rights to reside in the State on or before 31st December 2020 and that you will continue to do so.
With Brexit coming into effect, the IRP expiry date of all EUFam 4 IRP for non-EEA family members of UK citizens reverts to 31/12/2020 (instead of the expiry date on the current IRP card) and this is the date to be included at Section 1.2 of the Online Application Form.
If you missed the deadline to exchange, please contact our Advocacy Service for assistance.
As the family member of a UK citizen, will this impact my ability to travel to other EU member states?
Family members of UK nationals will no longer automatically be able to enter other EU member states with their EU Fam Residence Card and the EU citizen. You are advised to check the embassy of the country you plan to visit for their entry requirements.
Is it still possible to apply for a Permanent Residence Card?
Yes, you can still make an application for a Permanent Residence Card however, if your application is successful, you will receive a Stamp 4 residence permission rather than a Stamp EUFam 4 residence permission.
I had applied to retain my residence following my divorce from my UK citizen spouse and my application is still pending. What next?
Your application will continue to be processed. If your application is successful, you will receive a Stamp4 residence card.
I had made an application for an EU Residence Card/review of a decision under the Free Movement of Person Regulations before the 31st December 2020. What happens next?
Your application/review will continue to be processed. If your application is successful, you will receive a Stamp4 residence card and you can then obtain a Withdrawal Agreement Beneficiary Card.
All residence applications submitted before the end of the transition period on the 31st December 2020 will continue to be processed as normal.
I had made an application for a visa to join my UK family member in Ireland on the basis of the Free Movement Regulations and Directive before the 31st December 2020, however I have not yet received a decision. What happens to my visa application?
Your visa application will continue to be processed based on the date that you submitted your application, however if the application is successful you will be given a single entry ‘C’ short stay visa (up to 90 days) with a sticker noting the date of your application.
I am a non-EEA national and I would like to join my UK family member in Ireland. Can I still make a visa application to join them after the 31st December 2020.
This will depend on whether your UK family member was resident and exercising their free movement rights in Ireland prior to the 31st December 2020.
If the UK citizen family member was residing in Ireland and exercising their free movement rights here before 31st December 2020, you may still be eligible to apply for a residence permission in the State in accordance with the Free Movement Regulations and Directive and the Citizens Rights element of the Withdrawal Agreement. If the application is successful, you will receive a Stamp 4 Residence Card and not an EUFam Residence Card.
If the UK citizen family member was not residing and exercising their free movement rights in Ireland prior to the 31st December 2020, you will not be able to eligible to apply for a residence permission in the State under the Free Movement Regulations and Directive. However, you may be eligible to apply for residence under a new pre-clearance scheme for family members of UK nationals who come to Ireland after the 31st December 2020.
Find out more about the Pre-Clearance Scheme here.
