Good news for Irish or British people born in Northern Ireland

The Home Office has announced new immigration rules, following years of legal battles concluding a landmark court case ruling. The new immigration rules will have the result that dual British/ Irish citizens born in Northern Ireland who meet certain requirements will be treated as EU citizens for UK immigration purposes. 

The very advantageous effect of this is that some British citizens will be able to sponsor their family members under the much more favourable EU immigration regime, rather than the very strict rules of the domestic UK immigration law. 

As an example, if a British national, born in Ireland, wishes to sponsor his South African wife to come to the UK, he will only need to prove his residence in the UK and his relationship to his wife. There is no need to fulfil a financial requirement, knowledge of English etc. 

The family members of such dual British/ Irish nationals can apply to enter the UK under the EU Settlement Scheme. The new provisions were implemented on 24 August 2020, and will apply to such individuals who reside in the UK by 31 December 2020. This is the date the Brexit transition periods come to an end. The EU Settlement Scheme closes on 31 June 2021. 

Requirements to qualify under the new rules, a person must:

(i) be a British citizen; or
(ii) an Irish citizen; or
(iii) a British citizen and an Irish citizen; and

(iv) was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was:

(i) a British citizen; or
(ii) an Irish citizen; or
(iii) a British citizen and an Irish citizen; or
(iv) otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.

How Breytenbachs can help youIf you have any questions relating to the above rule changes, do not hesitate to contact a Breytenbachs consultant for further assistance. You can fill out the form below or visit our website at www.bic-immigration.com for more information.