Peter Fitzpatrick (Louth, Independent)
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613. To ask the Tánaiste and Minister for Justice and Equality if she will clarify directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 (details supplied); and if she will make a statement on the matter. [4888/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, I cannot comment on the immigration laws applying in another jurisdiction, including in another EU Member State.

However, more generally, I can say that citizens of the United Kingdom are not considered to be ‘non-nationals’ for the purpose of Irish immigration law. They continue to enjoy arrangements held under the Common Travel Area (CTA), including the freedom to live in the State, following the UK's exit from the European Union. The CTA is comprised of the UK, the Channel Islands, the Isle of Man and Ireland. Within the CTA, Irish and British citizens can travel freely.

Furthermore, where a UK citizen is the spouse of an Irish national, this does not automatically confer the rights granted under the EU Free Movement Directive (Directive 2004/38/EC). EU Free Movement provisions no longer apply to UK citizens from the end of the Transition Period under the Withdrawal Agreement on 31 December 2020.

In order to acquire the rights of free movement under the Directive, a UK citizen married to an Irish national would need to apply for an EU Treaty Rights permission. The Directive applies to EEA nationals who move to another Member State or who live in a Member State other than their own and to the family members who accompany them or join them in the State (Article 3 of Directive 2004/38/EC).

Exceptions can apply in cases such as:

— Where the non-EEA national family member has previously held a “residence card of a family member of a Union citizen” that has been issued by another Member State under Article 10 of the Directive and where they and their non-EEA family member have subsequently moved to Ireland, or

— Where the Irish citizen has exercised their right to free movement in another Member State prior to returning to Ireland and their non-EEA national family member accompanies them on return, having resided with the Irish citizen as a family member in that other Member State.