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Brexit: new rules from 1 January 2021 – what do they mean for the Irish in Britain?

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The Brexit transition period ended on 31 December 2020 and a Trade and Cooperation Agreement was reached on 24 December. In this piece we look at some of the changes affecting the Irish in Britain.

It has been four and a half years of uncertainty and ongoing negotiations, but the UK has finally left the European Union and the transition period has come to an end. The rights of the Irish in Britain (and the 100,000+ UK nationals in Ireland) remained protected by the Common Travel Area agreement. There are, however, a few changes from 1 January that we want to clarify.

Much of the following information is sourced from the Irish Department of Foreign Affairs (DFA) Brexit FAQs page here.

Common Travel Area (CTA)

Under the CTA between the UK and Ireland, which predates both countries’ memberships of the EU and is not dependent on it, citizens of both countries can move freely, live and work in either jurisdiction and enjoy associated rights and entitlements, such as healthcare, social security, education and the right to vote in certain elections.

Irish citizens resident in the UK and registered on the electoral roll can continue to vote in local and national elections.

Irish citizens can still study in the UK on the same basis as UK citizens (and vice versa for UK nationals in Ireland).

Due to their CTA rights, the UK Home Office has indicated that Irish citizens do not need to apply to the Settled Status scheme. However, as EU citizens, Irish citizens may apply to the scheme if they wish. Close family members of Irish citizens in the UK who are neither Irish not British are not covered by the CTA and will have to apply for the Settled Status scheme.

Healthcare and European Health Insurance Cards (EHIC)

The current guidance from the Irish government for its citizens living in the UK is:

The CTA also applies to healthcare so Irish citizens in the UK can continue to access healthcare as they do now, including emergency, routine and planned access, on the same basis as British citizens and vice versa.  

Irish citizens living in the UK by the end of the transition period (31 December 2020), who have exercised their right to EU freedom of movement in doing so, and are therefore covered by the Withdrawal Agreement, can apply for a new UK–issued EHIC at NHS.UK/GHIC. This card will be valid for use when travelling in the EU, EEA and Switzerland from 1 January 2021. 

Most people entitled to a UK–issued EHIC will apply using their EU Settled Status (EUSS) number to prove their eligibility. As Irish citizens do not need EUSS, they will be able to upload evidence of having exercised EU free movement rights directly onto the portal. If they were born in the EU (outside of the UK) this will, in the first instance, be their UK address and a copy of their Irish passport stating their place of birth.

Dual Irish–British citizens, people of Northern Ireland, and Irish citizens who take up residence in the UK from 1 January 2021 can apply for the new UK Global Health Insurance Card (GHIC). This will permit them to access necessary state–provided healthcare at the same cost as local residents while on visits to EU countries.

Existing EHIC cards will continue to be valid until their expiry date, after which UK residents should apply for a replacement GHIC card.

Information on the new GHIC and how you can apply can be found here.

Driving between Ireland and the UK

Visitors to Ireland with a UK driving licence will still be able to drive to Ireland but should make sure they carry their UK licence with them. An International Driver’s Permit is not needed for Ireland, although it may be required by some car hire companies.

A ‘Green Card’ certificate will be required for British–registered vehicles being driven in Ireland or any other EU member state. This proves the vehicle is insured and is issued by your insurer.

The UK Government has confirmed it will continue to recognise EU driving licences in the UK.

Northern Ireland Protocol

The Protocol on Northern Ireland, which forms part of the Withdrawal Agreement agreed earlier with the UK, means that no new procedures will apply to goods moving between Ireland and Northern Ireland.

There will be checks on some goods travelling between Northern Ireland and Britain from 1 January 2021.

Pet travel

People travelling with their pets from Britain to the EU and Northern Ireland will have to follow new requirements from 1 January.

Details on taking your pet to the EU and Northern Ireland are available on the DFA website here.

Details on taking your pet to Britain are available here.

Postage

Those sending parcels between Britain and the EU (including Ireland) from 1 January will have to fill out a customs declaration form (CN22 or CN23), detailing the type of good, its weight and value. Posters from Northern Ireland will not be required to attach customs declaration forms to EU destinations.

If you have any more queries, please contact us at policy@irishinbritain.org