What do non-EU/Schengen citizens need to do when travelling within the Common Travel Area (CTA)?

3/11/2021 3:18:11 PM

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 not a citizen of the Republic of Ireland an 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 references in paragraphs (4) and (6) to three months and one month respectively there 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:

2/11/2022 6:59:45 PM

Basic facts:

The Common Travel Area (henceforth CTA) consists of the UK, Guernsey, Jersey, the Isle of Man and Ireland.

Between the UK, Guernsey, Jersey and the Isle of Man, the border is fully open with no immigration checks. In addition, Guernsey, Jersey and the Isle of Man apply UK entry regulations and issue UK entry stamps in passports. Consequently, the UK is henceforth taken to include these territories.

With Ireland the situation becomes more complicated, as Ireland applies separate entry regulations and, in addition, is not fully compliant with the open-borders concept of the CTA.

Notably, non-EU/Schengen citizens are to receive an Irish entry stamp, even if arriving from the UK. For visa-free nationals, this lets them stay in Ireland for max 3 months, while for Irish visa holders the conditions of the visa apply.

On the contrary, those arriving in the UK from Ireland are not normally checked and are not to receive a UK entry stamp.

Travel Ireland-UK

If entering the CTA through Ireland, non-EU/Schengen citizens receive an Irish entry stamp. If also holding a UK visa (or being exempt) they can then continue on to the UK without any formalities. Though spot checks happen at UK air/seaports (though never at the Irish land border), no UK entry stamp is issued, nor is one required.

Per the relevant UK government policy Common Travel Area, Version 11.0, 2021-10-11 (PDF), most visa-free nationals for the UK (including most EEA/Swiss nationals) hold a (fresh) 6-month deemed leave when entering the UK from Ireland. Deemed leave is statutorily held and cannot be granted or refused; in fact even if admitting intent to overstay or work illegally, entry cannot be refused. However, several cohorts of people are disqualified from deemed leave, and must seek out a border officer (unless stopped in the first place) and be assessed in the ordinary way; such people are therefore prohibited from entering at the Irish land border unless obtaining a visa in advance (in Dublin or elsewhere). For information on this and other special cases, refer to the linked document – page 74 offers a simplified overview in the form of a flowchart

Travel UK-Ireland

By air

At Irish airports, all international arrivals will clear Irish border control, so passengers arriving from the UK needing an entry stamp will receive one with no hassle.

By sea

When arriving by sea from the UK, border checks are often carried out, but not universally. If there isn’t a check, pedestrians and car passengers should seek out border control (Garda) to receive an entry stamp. Bus passengers should contact border control in advance (for Dublin, +353 166 691 00; for Rosslare, +353 539 133 204), tell them what bus and ferry you’ll be on and that you need an entry stamp.

By land from Northern Ireland

As stated on the INIS website, non-EU/Schengen citizens entering Ireland via the land border have to visit the INIS (in Dublin) or local Garda station (elsewhere) as soon as possible to obtain an entry stamp. This is necessary even if checked at the land border, unless checked right by a Garda station.

It is not known to the undersigned whether all Garda stations handle foreign entrants, or only dedicated ones – this is being verified with the Garda.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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