What do non-EU/Schengen citizens need to do when travelling within the Common Travel Area (CTA)?
With the Common Travel Area forming a partially open-border zone, what should a non-EU/Schengen citizen travelling within it keep in mind?
For example, do passports get checked, and perhaps stamped, at internal CTA borders?
Best Answer
Immigration (Control of Entry through the Republic of Ireland) Order 1972
- with the 1979, 1980, 1982, 1985, 2000 and 2014 amendments to the 1972 Order
- which should reflect the present day (2020-11-16) text (I could find no consolidated version)
It should be assumed that there will soon be a new amendment, effective 2021, where the EU references will be removed
- then Article 4 (4)(a) will apply for non-Irish EU Citizens
Update 2021-03-11:
- no new amendment found (2014 version seems to be still valid)
- changes in Common Travel Area, Version 8.0, 2021-01-05 (PDF)
- non-Irish EU Citizens are no longer listed as exception (page 49 of PDF)
- Deemed leave under Article 4 (page 50 of PDF)
Under Article 4 of the 1972 Order, a person is usually treated as having a specific period of permission to enter the UK, starting from the date they entered the UK evidenced by their ticket or boarding pass for example.
...- Those entering the UK before 1 January 2021 are entitled to three months of deemed leave.
- Those entering the UK from 1 January 2021 are entitled to six months of deemed leave, or two months of deemed leave where they have previously visited the UK on the basis of deemed leave (including before 1 January 2021) and have not left the CTA in the meantime.
- flow chart: Entry to the UK through Ireland (page 62 of PDF)
Article 4
(1) Subject to paragraph (2), this Article applies to any person who is not partial and is nota citizen of the Republic of Irelandan EEA national, or a person who is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972, and who enters the United Kingdom on a local journey from the Republic of Ireland after having entered that Republic
- (a) on coming from a place outside the common travel area; or
- (b) after leaving the United Kingdom whilst having a limited leave to enter or remain there which has since expired.
(2) This Article shall not apply to any person who requires leave to enter the United Kingdom by virtue of Article 3 or section 9(4) of the Act.
(3) A person to whom this Article applies by virtue only of paragraph (1)(a) shall, unless he is a visa national
who has a visa containing the words “short visit”without a valid visa for entry to the United Kingdom, who is also a visa national to whom article 3A applies, be subject to the restriction and to the condition set out in paragraph (4).
(4) The restriction and the condition referred to in paragraph (3) are
- (a) the period for which he may remain in the United Kingdom shall not be more than three months from the date on which he entered the United Kingdom;
- (b)
unless he is a national of a state which is a member of the European Union,he shall not engage in any occupation for reward or any employment.- (c)
unless he is a national of a state which is a member of the European Union other than Greece, Portugal or Spain,he shall not engage in any employment.(5) In relation to a person who is a visa national and has a visa containing the words “short visit” the restriction and the conditions set out in paragraph (6) shall have effect instead of the provisions contained in paragraph (4).
(6) The restriction and the conditions referred to in paragraph (5) are
- (a) the period for which he may remain in the United Kingdom shall not be more than one month from the date on which he entered the United Kingdom;
- (b) he shall not engage in any occupation for reward or any employment; and
- (c) he shall, unless he is under the age of 16 years, be required to register with the police.
(6A) In relation to a person who is a visa national without a valid visa for entry to the United Kingdom and who is also a visa national to whom article 3A applies, the restriction and condition in paragraph (6B) apply instead of the provisions contained in paragraph (4).
(6B) The restriction and condition referred to in paragraph (6A) are
- (a) the period for which the visa national may remain in the United Kingdom ends on the date of the expiry of the permission to land or to be in the Republic of Ireland mentioned in article 3A(d);
- (b) the person shall not engage in any occupation for reward or any employment.
(7) The preceding provisions of this Article shall have effect in relation to a person to whom this Article applies by virtue of sub-paragraph (b) of paragraph (1) (whether or not he is also a person to whom this Article applies by virtue of sub-paragraph (a) thereof) as they have effect in relation to a person to whom this Article applies by virtue only of the said sub-paragraph (a), but as if for the reference
sin paragraphs (4)and (6)to three monthsand one month respectivelythere were substituted a reference to seven days.
(8) The restriction and condition mentioned in paragraphs (4) and (6B) shall cease to apply to a person if that person becomes entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.
...
EXPLANATORY NOTE (Amendment) Order 2014
...
Article 3(6), (8), (9) and (13) makes amendments in respect of EEA nationals and those exercising EU rights to ensure they do not fall within the provisions in article 4 of the 1972 Order which confer a period of permission to remain in the United Kingdom.
...
Sources:
- Immigration (Control of Entry through the Republic of Ireland) Order 1972
- Contents: The Immigration (Control of Entry through Republic of Ireland) Order 1972
- Immigration (Control of Entry through the Republic of Ireland) Order 1972 - Article 4
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1979
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1980
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1982
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1985
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1987
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2000
- The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014
- latest version (checked: 2021-03-11)
- 2016: House of Lords - Brexit: UK-Irish relations - European Union Committee
- Chapter 3: The Irish land border and the Common Travel Area
- Common Travel Area, Version 8.0, 2021-01-05 (PDF)
- Immigration Act 1971 (Revised)
Pictures about "What do non-EU/Schengen citizens need to do when travelling within the Common Travel Area (CTA)?"
Do you need a passport to travel in the Common Travel Area?
Most transport operators permit passengers to travel within the Common Travel Area without a passport, although photo ID is required for Irish or British citizens travelling by air, and Ryanair requires all passengers to carry a passport or a national identity card.Do I need a passport to travel in CTA?
It is a free borders area that includes the UK, Northern Ireland, the Channel Islands, the Isle of Man and Ireland. The rules of the CTA mean citizens from the UK and Ireland aren't required to pass through passport control and can travel between both countries without a valid passport.What is Common Travel Area UK?
Details. The Common Travel Area (CTA) is a long-standing arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland that pre-dates both British and Irish membership of the EU and is not dependent on it.Do I need a PCR test to enter UK?
From 4am, Tuesday 7 December all people aged 12 years and over must also take a PCR or LFD COVID-19 test before they travel to England from abroad. People who qualify as fully vaccinated must quarantine and take a PCR test before the end of day 2 after they arrive in England. Lateral flow tests will not be accepted.THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV
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