European Union (Withdrawal agreement) (Citizens’ rights) Regulations 2020. S.1. 728

Morgan The Moon

Has anybody been able to apply for or has been successful in obtain such a Withdrawal Agreement Beneficiary Card.

(UK nationals do not require any documentation to continue their lives in
Ireland after 31 December 2020, although they may request a Withdrawal
Agreement Beneficiary Card under the Withdrawal Agreement if they wish.

This card is free of charge and can be obtained by making an appointment
with their local Registration Offices nationwide – see link below for more
information: http://www.inis.gov.ie/en/INIS/Pages/first-time-registration.)


According to information in different publications, there is a downloadable pdf application available. It maybe but it was not found anywhere. There is deadline for applications but there is differing information about when that is.

E-mailing and telephone calls to the various possible departments has to date proved to be both frustrating and inconclusive as to what an applicant has do to even communicate with someone who knows anything about this topic.
Anybody any information or thoughts on the above?

MTM.

athlone573

Information, no

Thoughts, this card if it exists, would seem to have no practical purpose beyond providing reassurance, as UK citizens are entitled to everything Ireland citizens are here, and it won't confer any additional entitlements on the mainland?

Edit, practically everything apart maybe from voting rights in referenda and European elections

Peregrinus

UK citizens have extensive rights in Ireland, but it is possible that in some respects the rights of EU citizens could be more extensive. And if registering for and holding a Withdrawal Agreement Beneficiary Card means that a UK citizen resident in Ireland continues to be entitled to the EU citizens rights that they enjoyed before Brexit, then there could in some cirucmstances be some advantage in doing so.

EU citizens, for example, as an aspect of the their free movement rights, have a right to bring their non-EU-citizen "permitted family members" to Ireland with them. A UK citizen, exercising the rights conferred on UK citizens by Irish law, wouldn't necessarily have the same right. So if a UK citizen resident in Ireland has, or thinks they might in the future have, family members who are neither UK citizens themselves nor EU citizens, they might benefit from holding a Withdrawal Agreement Beneficiary Card.

Jim2007

athlone573 wrote: »

Thoughts, this card if it exists, would seem to have no practical purpose beyond providing reassurance, as UK citizens are entitled to everything Ireland citizens are here, and it won't confer any additional entitlements on the mainland?

It has one very practical use and that is in relation to short term work and business travel within the EU/EEA/CH. To enjoy the same rights as every other EU/EEA/CH resident you need to be able to show some kind of documentation. Most other countries have a kind of resident registration process that will generate the documents, Ireland does not so the card is important and useful.

athlone573

Jim2007 wrote: »

It has one very practical use and that is in relation to short term work and business travel within the EU/EEA/CH. To enjoy the same rights as every other EU/EEA/CH resident you need to be able to show some kind of documentation. Most other countries have a kind of resident registration process that will generate the documents, Ireland does not so the card is important and useful.

I was under the impression that "settled status" or its equivalent was country specific,
have you any backup for this?

Of course if they're here a few years they can apply for naturalisation but that requires a heap of documents and costs about a grand.

Jim2007

athlone573 wrote: »

I was under the impression that "settled status" or its equivalent was country specific,
have you any backup for this?

It's not a question of status, it having the documentation to back it up if asked.

For example, if your company sells a very successful business application to Swiss clients and you are employed as a trainer on the product. As a result you are required to make several trips each month to Switzerland to conduct training classes.

- If you are an EU citizen and are checked on landing in Zurich, it's not a problem you show your passport and are legally entitled to be there.

- If you are not an EU citizen, then you must show that you are resident in the EU/EEA/CH. UK citizens resident in other EU states will have an official residence document showing this, where as UK citizens from Ireland have nothing. So this document should cover them in such cases.

I would say the OP has the right approach, better get it and not need it than urgently needed and not have it.

athlone573

Jim2007 wrote: »

It's not a question of status, it having the documentation to back it up if asked.

For example, if your company sells a very successful business application to Swiss clients and you are employed as a trainer on the product. As a result you are required to make several trips each month to Switzerland to conduct training classes.

- If you are an EU citizen and are checked on landing in Zurich, it's not a problem you show your passport and are legally entitled to be there.

- If you are not an EU citizen, then you must show that you are resident in the EU/EEA/CH. UK citizens resident in other EU states will have an official residence document showing this, where as UK citizens from Ireland have nothing. So this document should cover them in such cases.

I would say the OP has the right approach, better get it and not need it than urgently needed and not have it.

But does an UK citizen long term settled in Ireland (or France, Spain etc) have free movement rights? I'm not so sure.

No harm in applying for the card anyhow but if push comes to shove it may not be worth a lot.

athlone573

I was bored so I googled the UK Switzerland scenario

Unfortunately I don't think this card ticks the box for

"a residence document issued by a Schengen state pursuant to Article 18 paragraphs 1 and 4 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community"

Peregrinus

athlone573 wrote: »

But does an UK citizen long term settled in Ireland (or France, Spain etc) have free movement rights? I'm not so sure.

They don't. UK citizens who are resident in a Member State at the end of the transition period have their continuing rights guaranteed in that Member State. The Withdrawal Agreement doesn't give them continuing free movement rights which would enable them to relocate to another Member State, take a job there, take up residence, bring their partners, etc. They'll be subject to whatever rules that other Member State applies to other third country nationals, unless (like Ireland) that Member State gives UK nationals enhanced rights under its domestic law.

Morgan The Moon

athlone573 wrote: »

Information, no

Thoughts, this card if it exists, would seem to have no practical purpose beyond providing reassurance, as UK citizens are entitled to everything Ireland citizens are here, and it won't confer any additional entitlements on the mainland?

Edit, practically everything apart maybe from voting rights in referenda and European elections

Thank you for your thoughts.
I hope your reference to the main land is Continental Europe.

The card would be a physical proof that one would be legally entitled to live in Ireland.

It would also confirm ones address within the Republic of Ireland.

In my particular situation it would allow me to travel through Schengen Borders without having to show my passport. I believe the 90 day accumulative period / periods now imposed on UK Citizens out of 180 days would also not apply. Of course the residential periods within the Republic of Ireland would have to be adhered to. Even then they would have some flexibility that a UK National with no other legally recognised nationality would have. It would inform any authority that the holder was legally resident within a recognised European State before the 31st of December 2020. I am not quite sure if that would even confirm one to be a European Citizen.

Another thought, what if the UK were to renege on the CTA ! That one is for another thread.


MTM

Jim2007

Morgan The Moon wrote: »

In my particular situation it would allow me to travel through Schengen Borders without having to show my passport.

Once you enter the Schengen Area it is the same for everyone, there are no regular checks. However, if required by a competent authority, everyone including EU citizens are required be able to identify themselves and justify their presence in the Area. If you are unable to do so, they are entitled to detain you until such time as they are satisfied as to your identity etc...

Morgan The Moon wrote: »

I believe the 90 day accumulative period / periods now imposed on UK Citizens out of 180 days would also not apply.

Schengen rules still apply for leisure travel, but not work related travel.

Morgan The Moon wrote: »

Even then they would have some flexibility that a UK National with no other legally recognised nationality would have. It would inform any authority that the holder was legally resident within a recognised European State before the 31st of December 2020.

It makes no difference, you are a third country citizen with a right of residence in a particular state, it does not enhance your status in any other member state in that respect. It basically gives you time to fulfil the requirements needed to apply for citizenship in the state you are granted residence in. Which is advisable if you intent to remain here, since we have no way of knowing how things will be in a few years time.

Morgan The Moon wrote: »

I am not quite sure if that would even confirm one to be a European Citizen.

Absolutely not, you must be a citizen of an EU member state to be considered an EU citizen.

Jim2007

athlone573 wrote: »

I was bored so I googled the UK Switzerland scenario

Unfortunately I don't think this card ticks the box for

"a residence document issued by a Schengen state pursuant to Article 18 paragraphs 1 and 4 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community"

There is a new set of agreements between the UK and Switzerland now.

And yes it is causing a lot of problems for some people from the UK already resident in Switzerland. Permanent residence status requires a working knowledge (A2/B1) of the national language in the area of residence and it is no longer automatic as for EU citizens.

For new arrivals, there is now a quote of about 4,500 permits, which is about half the number it used to be.