Ireland-United Kingdom

Bilateral in force

INTRODUCTION

The Common Travel Area (CTA) is an administrative arrangement between the Republic of Ireland and the United Kingdom, the Isle of Man, and the Channel Islands, dating back to the establishment of the Irish Free State in 1922. Its adoption arose from the Home Office's view that establishing a passport system between the UK and Ireland was unsuitable, along with the preference to maintain the status quo (Ryan 2001: 856). Since then, the CTA has remained in place, except during the period from 1939 to 1952.

Perhaps surprisingly, the CTA has never been governed by an international treaty. It was established informally through an exchange of letters between the British Home Office and the Irish Department of Justice in February 1952 (Ryan 2001: 858). Subsequently, Irish and British nationals had their privileges enshrined in each other’s domestic law, which granted them special status. Ireland is not regarded as a ‘foreign country’ for the purposes of UK laws, and Irish citizens are not considered to be ‘aliens’. Likewise, British citizens in Ireland, while treated differently from Irish citizens, are explicitly exempt from restrictions on entry and residence.

In light of Brexit, a 2019 Memorandum of Understanding reaffirmed the status that British and Irish citizens hold in each other’s territory and guarantees that there will be no changes to these rights as a result of Brexit. While the Memorandum of Understanding is not legally binding, it reflects the mutual support and commitment of both states towards this arrangement and reaffirms the existing rights of Irish and British citizens in both countries. Furthermore, the United Kingdom and Ireland signed an additional Memorandum of Understanding concerning access to healthcare under the Common Travel Area arrangement, along with a Memorandum of Understanding regarding educational rights.

Irish and UK citizens can enter and reside in either country freely, without the need for a visa, residence, or work permit (section 6). This only excludes individuals who are subject to a deportation order, an exclusion decision, or an international travel ban. British and Irish citizens are permitted to work in either country, including on a self-employed basis, without needing permission from the authorities, and both states are committed to ensuring that professional qualifications are recognised across the CTA (section 8). Citizens from both states have the right to access all levels of education in either country, as well as qualify for student loans for higher education purposes (section 12). Furthermore, they can access social security benefits and entitlements, including pensions, as well as healthcare, social housing, and assistance for the homeless in either country (sections 10 and 11). Nationals from both countries may cast their votes in local and national parliamentary elections in each other’s state, on the same basis as the citizens of that state (section 13).

STATE PARTIES

IRELAND
UNITED KINGDOM

TIMELINE

1952	Irish and British authorities agree to reinstate free movement of persons between Ireland and the United Kingdom by Exchange of Letters in February.
2019	Ireland and the United Kingdom sign a Memorandum of Understanding on 8 May to reaffirm the status of the Common Travel Area and the rights granted to its beneficiaries in the light of Brexit.
2020	Ireland and the United Kingdom sign a Memorandum of Understanding on 18 December in order to make further arrangements regarding access to healthcare under the Common Travel Area arrangement.
2021	Ireland and the United Kingdom sign a Memorandum of Understanding in July in order to make further arrangements regarding access to education under the Common Travel Area arrangement.

KEY LEGAL DOCUMENTS

Exchange of Letters between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on reciprocal arrangements on immigration control, February 1952 (unavailable).

Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland concerning the Common Travel Area and associated reciprocal rights and privileges, 8 May 2019.

Memorandum of Understanding between the government of the United Kingdom of Great Britain and Northern Ireland and the government of Ireland concerning Common Travel Area healthcare arrangements (in recognition of residency-based health systems), 18 December 2020.

Memorandum of Understanding (MoU) between the government of the United Kingdom of Great Britain and Northern Ireland and the government of Ireland on the Education Principles associated with the Common Travel Area, 14 July 2021 (not available).

ADDITIONAL LEGAL AND POLITICAL DOCUMENTS

Joint statement of 8 May 2019 between the UK Government and Government of Ireland on the Common Travel Area.

Common Travel Area guidance, updated 23 December 2022.