Why Irish people living in Britain won't need to apply for 'settled status' after Brexit
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Why Irish people living in Britain won't need to apply for 'settled status' after Brexit

THREE MILLION EU citizens resident in Britain will have to join a “settled status” register if they wish to stay in the country after Brexit, under recently published British Government proposals.
But the British Government has said the rights of Irish and British citizens in each others countries will not be impacted by the plans outlined in a recent policy paper because of the Ireland Act of 1949.

What is the Ireland Act 1949 and how important is it after Brexit?

The Ireland Act is legislation passed in the British Parliament that was designed to deal with Ireland’s new status as a Republic.

But what has it got to do with Brexit?

Under the Act, Irish people living in the UK are described as “non-foreign” which means they maintain a special status within United Kingdom, unlike citizens from other EU counties who will need to apply for settled status to protect their right to live in the country after Brexit, which  is due to formally take place in March 2019.

Does the Ireland Act mean for the Irish in Britain nothing will change after Brexit becomes law?

The British Government has stated it wants to "protect" the Common Travel Area and that the proposals are "without prejudice" to the arrangements between the UK and Ireland, which reflect the long-standing social and economic ties between Britain and Ireland and pre-date both countries’ membership of the EU. So no, it's unlikely anything will change. But a week is a long time in politics.

What is the Common Travel Area?

The Common Travel Area is an open borders area comprising Ireland, the United Kingdom of Great Britain and Northern Ireland, the Isle of Man, and the Channel Islands.

What special entitlements do Irish people living in Britain current enjoy?

Citizens of Ireland, Cyprus and Malta are the only EU members allowed to participate in British Parliamentary general elections and referenda.

A reciprocal agreement allows British citizens living in Ireland to vote in Dáil elections.

Irish residents in Britain are also permitted to become British citizens after just five years’ continuous residence, while their children born in the UK can acquire immediate British citizenship.

Resident EU citizens from elsewhere can only vote in local and European elections under the UK's current status.