Common Travel Area

The Common Travel Area or, informally the passport free zone, refers to the fact that citizens of the Republic of Ireland, the United Kingdom and Crown Dependencies (the Isle of Man and the Bailiwicks of Guernsey and Jersey) may travel between their countries without a passport. There is no formal agreement between Ireland and UK regarding the common travel area, although the Common Travel Area is provided for in the Immigration Act, 1971 (UK). Passports have never been required in the zone (except during wartime).

The zone is similar to other areas such as the Nordic Passport Union and the Schengen Treaty.

History

The zone is a historical artifact and is due to the fact that following Irish independence from the United Kingdom in 1922, no laws were passed requiring a passport for travel across the new border. The zone or Area was not codified, or indeed given an official name, until 1997, and then only at the EU level to distinguish it from the Schengen Treaty. Today, the zone still exists only because neither country has joined Schengen. The provisions of that treaty allow for a common visa and travel area, which, if either the United Kingdom or Ireland (but not both) were to sign, would end the zone.

The reasons for each country remaining outside of Schengen are different and complex. The British Foreign Office says

"Maintaining the UK's frontier controls is the most effective way for us to control immigration and combat international and organised crime. Given our island status, incoming traffic is naturally channelled through our ports and airports, giving us a particular advantage in controlling our frontiers. Other EU countries, by contrast, have to police long land borders, which is more difficult, and they therefore place a greater emphasis on in-country controls (such as identity cards) rather than frontier controls."British Foreign Office Website

And the Irish Centre for Migration Studies:

"Measures comparable to the freedom of movement provided for in the Schengen acquis have been in place between the UK and Ireland from the early 1950s This date refers to the Irish Nationality And Citizenship Act, 1956 and the UK's Ireland Act 1949, which together regularised the special 'non-alien' status of Irish and British citizens in each other's countries. Before this the situation was more complex, however passports were still not required, except for the war years during which UK citizens carried ID cards and most travel required a permit. Also during this time, Irish citizens required both a passport and an exit visa to cross the Irish sea, but not to visit Northern Ireland.. UK subjects and Irish citizens have the right freely to travel between the two jurisdictions without having to carry a passport. For this very reason, it has never been viewed as practicable for Ireland to adopt the full Schengen arrangements in the absence of a British decision to do likewise, as the logical outcome would be the imposition of border controls between the UK and Ireland. In the case of the North/South land frontier this would be virtually unworkable, while enormous inconvenience would undoubtedly be caused to people in two societies which, in trading and labour market terms, are still highly integrated."Irish Centre for Migration Studies Website

The issue of whether to join Schengen is tied up with the issue of National ID Cards. In the case of Ireland and the UK, the only government issued ID is the passport. While issuing a form of ID card would greatly simplify travel for UK and Irish citizens, and possibly allow for an easy adoption of the Schengen Treaty, there is a good deal of domestic resistance to the idea.

Details

As the zone is not the result of a treaty or law, it is subject to change without negotiation. In 1997, Ireland unilaterally brought in a requirement for photo ID at ports. However, this rule is currently only enforced in airports; the land border between the Republic and Northern Ireland is open. The level of enforcement of the photo ID requirement is also very varied. Officially, a bus pass with a photo is enough to enter, but in practice, you will be asked to state your nationality as you enter. It is also known for groups of people to be waved through regardless of their nationality - which creates its own problems if someone must have documentary record of when they left and entered the UK.

The zone also only applies to citizens of these countries. Other nationals must show a passport or a national ID card (for EEA citizens). The zone also does not extend to a common visa system. Irish and British entry visas are separate and issued by their respective embassies. However, bilateral agreements allow UK embassies to act as an Irish consulate when Ireland is not represented in a particular country.

The Common Travel Area also involves some co-operation on matters relating to immigration issues. An alien, for example, may be refused permission to enter Ireland if it is his or her intention to travel onwards to the UK and he or she would not qualify for admission to the UK under the Aliens (Amendment) Order, 1975.

Since being first codified in the 1997 Amsterdam Treaty, the term has been used in new legislation by both countries to define travel abroad for the purpose of tax and immigrationFor examples see British Home Office Website and Irish Department of Social and Family Affairs Website.

British and Irish citizens may live and work freely in each other's countries. This is possible both because both countries are EU member states and because the nationality laws of the two countries do not consider citizens of the other country to be 'Aliens'. Under Irish law, this applies only to British citizens, rather than the broader definition of 'British national'. (British Overseas Territories citizens, British Overseas citizens, British subjects, British protected persons, British National (Overseas) are excluded).

Also, citizens of Ireland and the UK may vote in general elections of either or both countries, although British citizens in Ireland may not vote in presidential elections or referendums unless they become Irish citizens. This is because British citizens do not elect their head of state and vote in referendums only exceptionally, whereas referendums are a regular feature of Irish politics.

Other EU nationals may only vote in local and European Parliament elections while resident in either the UK or Ireland. Maltese and Cypriot citizens have full voting rights in the UK (but not Ireland) on the basis of being Commonwealth citizens.

In the UK, the Terrorism Act 2000 requires the pilot of a private aircraft to notify police Special Branch as to the identity of all on board the aircraft, the departure point, and the destination, at least 12 hours prior to departure, for all flights from Great Britain to both Northern Ireland and the Republic, and vice versa.

Visas

Unlike the Schengen Agreement, the Common Travel Area provides no mechanism for a common visa system. The UK and Ireland operate entirely separate visa systems with different, though similar, entry requirements. A UK visa will not allow a traveller entry to the Republic of Ireland, nor will a Republic of Ireland visa allow entry to the UK. In addition neither visa will allow entry to any other EU member state or the Schengen area. (Although Switzerland does allow entry of holders of UK residency visas). The Channel Islands and the Isle of Man generally do allow entry to holders of UK visas, but there are some cases when a special visa is required. Such a visa would be issued by a British Embassy. A Republic of Ireland visa does not allow entry to the Isle of Man or the Channel Islands.

Enforcement of these rules is sporadic. There are passport checks in all airports in the Republic of Ireland, and occasional passport controls on bus and train passengers entering the Republic from the Northern Ireland . When travelling between the Republic of Ireland and the UK it is the legal responsibility of the foreign traveller to ensure that their passport and visa is checked at the border. This can present certain difficulties if the traveller arrives to a small airport or port or a crossing point from Northern Ireland which does not have an immigration control point.

External links

Irish Government description of the Common Travel Area
Text of the Treaty of Amsterdam (see protocol B)

Notes

Gourt Home::Gourt :: Common Travel Area

History

Details

Visas

See also

External links

Notes