Withdrawal Agreement Common Travel Area

27 Citizens` Rights – UK and Irish Nationals in the Common Travel Area, Uk Gov`t, www.gov.uk/government/publications/citizens-rights-uk-and-irish-nationals-in-the-common-travel-area/citizens-rights-uk-and-irish-nationals-in-the-common-travel-area (last visit was 30 September 2019). 3.6 Neither Ireland nor the United Kingdom is in the Schengen area. Following the UK`s withdrawal from the EU, Ireland intends to remain outside the Schengen area and continue to fully fulfil its obligations as an EU member state. Protocols 19, 20 and 21 of the EU treaties will continue to apply. A few weeks after the UK`s exit from the EU on 31 January 2020, Europe was plunged into the Covid 19 crisis. When the United Kingdom and Ireland found themselves in different containment conditions to combat the pandemic, the CTA was again put under pressure. On one front, the crisis has confirmed the importance of the CTA, as the two countries maintain travel links between them, even when the borders across the Schengen area are closed to non-essential travel. Ireland has chosen not to comply with EU measures to limit non-essential travel from third countries in order to allow the CTA to continue. Footnote 183 When asked about Ireland`s approach to cross-border travel from Northern Ireland, the Taoiseach raised the issue of domestic travellers on domestic flights between London and Belfast: „The only way to stop people travelling in this jurisdiction would be to seal the land border between Northern Ireland and Ireland. We certainly will not. Footnote 184 If you are an Irish citizen and have the rights under the CTA agreements, you do not need a border work permit to work in the UK, but you can apply for a permit if you wish.

If a certain dimension of the functioning of the CTA has been almost entirely taken over by the EU mechanisms, it is the coordination of social security benefits between the Member States. In order to support the free movement of EU citizens, the Member States have all agreed to make many social benefits viable; Accumulations of people travel with EU citizens in different Member States, as a lack of portability would prevent everyone from exercising free movement. Footnote 121 The coordination of social security is therefore an activity often linked to the CTA, but which has long operated largely under the aegis of Community law. 2.1 Between 1801 and 1922, Ireland was part of the United Kingdom of Great Britain and Ireland. Despite the creation of the Irish state in 1922, the Irish were still regarded as British subjects from the point of view of the United Kingdom. As such, they had the same rights as British citizens in the UNITED Kingdom. Historically, after Ireland`s independence, the Irish continue to have a special status in the United Kingdom, which has resulted in many of the CTA agreements/rights being implicit and stem from that status and not from specific legislation or agreement. When the agreement on the common travel area began in 1922, it was not included in any legislation. It was an agreement between Ireland and the United Kingdom on the basis of their shared history.

Over time, certain rights have been introduced into different legislation, both in Ireland and in the United Kingdom.