Common Travel Area UK No Deal Notes

Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.

However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on 29 March 2019 (may also apply to new exit date on 31 December 2020).

It has always been the case that as we get nearer to that date, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.

In the summer, the government published a series of 106 technical notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.

This technical notice offers guidance for continued planning in the event of no deal.

Also included is an ​overarching framing notice​ explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.

We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.

Overview

If you’re a British or Irish citizen in another part of the Common Travel Area (CTA), you’re not required to take any action to protect your status or rights associated with the CTA. You can continue to travel freely within the CTA without seeking immigration permission from the authorities.

Irish citizens in the UK and British citizens in Ireland will continue to have the same associated rights and entitlements to public services, including access to employment, healthcare, education, social welfare and benefits, as well as the right to vote in certain elections.

When travelling to the UK from within the CTA you should continue with your journey as normal, meeting any travel requirements set by your carrier.

If you are a non-Irish or British citizen arriving in the UK from Ireland you should ensure that you follow UK entry clearance requirements. Find out more about entry clearance requirements.

Before 29 March 2019 (may also apply to new exit date on 31 December 2020)

For other nationalities, the CTA’s internal borders are subject to some immigration restrictions but not, or only to a minimal extent, border controls.

As a British citizen in Ireland or an Irish citizen in the UK, to facilitate moving to and working in each other’s jurisdictions you have associated rights and entitlements. These include access to employment, healthcare, education, social benefits, as well as the right to vote in certain elections. For nationality purposes, as directed in the British Nationality Act 1981, the Crown Dependencies are treated as if part of the United Kingdom and do not have separate nationality laws.

After a ‘no deal’ Brexit on 29 March 2019 (may also apply to new exit date on 31 December 2020)

If you are an Irish citizen you will continue to have the right to enter and remain in the UK, as now. You are not required to do anything to protect your status.

You will continue to have the same reciprocal rights associated with the CTA in the same way that British citizens in Ireland would if there is no deal. These rights include the right to work, study and vote, access to social welfare benefits and health services. Where required, domestic legislation and agreements will be updated to ensure that the CTA rights continue to have a clear legal basis.

There will be no practical changes to the UK’s approach to immigration on journeys within the CTA. As now there will be no routine immigration controls on journeys from within the CTA to the UK. The legislation governing this approach will remain unchanged when the UK leaves the EU, as will the legislative framework of integrated immigration laws between the UK and the Crown Dependencies. The CTAarrangements would be maintained, promoting the benefits of migration between these islands.

If you’re not an Irish or British citizen, you’ll be required to continue to meet relevant domestic entry clearance requirements as set out in the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended). The UK will continue to work with Ireland and the Crown Dependencies on the movement of people between these islands, ensuring the effective functioning of the CTA and its external border.

About the CTA

The CTA is a long-standing arrangement between the UK, the Crown Dependencies (Jersey, Guernsey, and the Isle of Man) and Ireland. The CTA is not reliant on membership of the EU, formed before either the UK or Ireland were members, but based on domestic legislation and bilateral agreements.

The CTA established cooperation between the immigration authorities of its members to provide a pragmatic response to the movement of people within it, including other nationalities who remain subject to immigration control. Central to the UK’s legal framework is that there are no routine immigration controls on journeys from within the CTA to the UK, including on the Northern Ireland-Ireland land border.

The UK’s approach to the CTA is set out in the Immigration Act 1971 and subsequent secondary legislation. These legislative arrangements are extended to the Crown Dependencies. Protocol 20 to the Treaty on European Union and the Treaty on the Functioning of the EU recognises the cooperation between members, confirming that the UK and Ireland can ‘continue to make arrangements between themselves relating to the movement of persons between their territories (the Common Travel Area)’.

The rights of Irish citizens in the UK are rooted in the Ireland Act 1949 but provided for in subsequent legislation and bilateral agreements as the nature of these rights has evolved over time.

The CTA holds special importance to people in their daily lives: it goes to the heart of the relationship between these islands. The UK government is firmly committed to maintaining the CTA arrangements after the UK leaves the EU, an objective shared by the Crown Dependencies. The Irish Government has been clear also in its commitment to the continuation of the CTA. The CTA has proven to be resilient over the years and would continue to endure if there is no deal.

The CTA arrangements are deeply embedded within our shared history and are central to our close social and cultural ties. These arrangements complement the provisions of the Belfast (Good Friday) Agreement.

More information

Find out more about the CTA and rights of Irish citizens in the UK as the UK leaves the EU.

This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.

It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.

Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.