Written answers

Tuesday, 17 September 2019

Department of Justice and Equality

Brexit Issues

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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269. To ask the Tánaiste and Minister for Justice and Equality the arrangements in place for family members of UK citizens residing here with a valid EU residence card stamp 4 EUFAM in the event of a no-deal Brexit; and if he will make a statement on the matter. [37054/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Immigration Service of my Department that they have recently issued letters to people currently resident in Ireland as the holder of a valid Stamp 4 EUFam permission (residence card/permanent residence card). This permission is based on the person being a non-EEA family member of a British citizen who is also residing in Ireland and is exercising their EU Treaty rights.

The Deputy will be aware that on 31 October 2019, the United Kingdom is due to leave the EU, unless the draft Withdrawal Agreement is ratified before then. If the Agreement is not ratified, this is referred to as the "no deal" scenario. A “no deal” scenario will mean that a non-EEA person who is legally resident in Ireland, on the basis of their familial relationship to a British citizen, will no longer be covered by the provisions of the EU Free Movement Directive and the exercise of EU Treaty rights and entitlements.

The Immigration Service is putting in place transitional arrangements for people in this group who have been registered in Ireland before 31 October 2019. Under these arrangements, a person may change to a new permission based on domestic immigration arrangements. This will provide for their continued residence and access to the labour market in the State.

The issued letters request those potentially affected by a “no deal” scenario to confirm their current address, and to advise the Immigration Service of any change in their personal circumstances, by Monday 30 September 2019. As an individual’s circumstances may have changed since they were initially granted their residence card, up to date information is being sought from them to enable the Immigration Service to triage these permission holders to identify the most suitable and beneficial immigration arrangements that could apply to them in a no-deal Brexit scenario.

I am further advised that non-EU/non-EEA family members of British citizens who currently have a residence card/permanent residence card application under consideration do not need to take any specific action at this time.

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