The Common Travel Area Between Ireland and the UK

More of a Concept Than an Actual Common Visa Zone

The Common Travel Area (CTA) which exists between Ireland and the United Kingdom (UK) could easily be assumed to be part of the greater European Union (EU) common border system, however this is not the case. Ireland and the UK, along with the Channel Islands and the Isle of Man, have a unique common travel area separate from the Schengen zone, which covers most other EU states.

This CTA is unique in many ways and is far from being the multi state visa area one might think, rather it is an age old arrangement which seems to be understood somewhat differently by the two main actors, the Garda National Immigration Bureau (GNIB) and the UK Border Agency (UKBA).

Interestingly, there was no formal agreement signed between the two countries on the topic, rather the status quo has continued more or less unchanged since the emergence of the Irish state, allowing for citizens of either state to travel and reside unhindered as they choose. Furthermore, although the existence of the CTA was mentioned in the Treaty of Amsterdam, the system is still not provided for in legislation and remains therefore somewhat open to interpretation in its meaning.

History

Maintaining the free movement of people and goods was amongst a number of goals taken to smooth the transition from the Irish Free State to full independence. Along with the CTA and an automatic right of residence, employment, access to social services etc., Ireland (the republic) also allowed resident UK citizens to vote in national elections and to take up public service appointments, all in an effort to maintaining a flexible migration policy between the two states.

Similarly, the UK continued to allow free movement and residency rights for Irish citizens, much in the same manner as existed prior to Irish independence. The effect of these measures, and the maintenance of the status quo, saw the peoples of the islands maintain the flexibility and freedom in what became known as the Common Travel Area.

Application

In theory, the idea of the CTA is that there are no passport controls in operation for Irish and UK citizens traveling between the two countries. This then would likely be automatically extended to all EU citizens, as EU law generally demands equal treatment of all EU citizens. Irish and UK citizens can carry an acceptable form of photo-identification (see below) whilst presumably other EU nationals should carry either their national identity card or passport.

Acceptable ID for Irish and UK Citizens

• A valid passport
• A driver's license with photo
• An international student card
• A national ID card
• A bus pass with photo
• A Garda ID with photo
• A work ID with photo

Rights Which Must Be Forgone to be Enjoyed

The problem with this situation is that neither Ireland nor the UK issue National ID cards. Therefore, their citizens have no easy method to prove their citizenship, and hence their entitlement to avail of the CTA arrangements. This presents a conundrum where in effect the easiest way for Irish or UK citizens to prove their citizenship is to carry their passport, negating the benefits afforded under the CTA in the first place. In this chicken and egg scenario, travelers often carry their passport, in effect to prove that they are not legally required to carry their passport.

Border Control and Random Checks

Whilst the position in the UK has generally not changed since Irish independence, Ireland has implemented some controls on arrivals from the UK since 1997, particularly for those arriving by air. In most Irish airports, all arriving passengers are required to pass passport control, whereas checks on road, rail and ferry crossings remain random and infrequent. If stopped, GNIB officials have the power to carry out checks and to refuse entry to the state on the same grounds as apply to people arriving from outside the CTA.

On the UK side, passengers arriving from Ireland (or elsewhere within the CTA) are not inspected by UKBA staff. Instead, those arriving from Irish airports are treated similarly to those arriving from domestic UK airports.

No Visa Cross Recognition

Unlike under the Schengen agreement, possession of a visa for the UK does not entitle a third country national to enter Ireland and vice versa. Visa required nationals who intend to visit both Ireland and the UK are required to apply for a visa for both countries. This results in the additional cost and hassle of dealing with two embassies and the need to make two separate applications in advance of traveling. On the ground, applicants for an Irish visa who intend to also visit the UK are normally asked by the relevant Irish embassy to first apply for their UK visa. Thereafter, those refused a UK visa are unlikely to be granted a visa for Ireland. This assuming that the Irish authorities are aware of the refusal, normally signaled by a small stamp in the passport.

The Schengen Visa Area

Ireland and Schengen

On a number of occasions Ireland has mooted the idea of joining the Schengen visa system, however this remains both impracticable and politically impossible where the UK remains outside. Under the regulations of Schengen visa membership, members with a border with an non-Schengen neighbor are required to implement strict controls at that external border. The idea of this is that external borders are protected by the local state immigration officials on behalf of the entire Schengen zone, thereafter allowing onward travel across the zone with no further checks.

In effect, if Ireland were to become a member of the Schengen zone, and the UK were to remain outside, it would be mandatory for Ireland to fence and secure the border around the six counties of Northern Ireland and to implement strict immigration controls on all border crossing points.

Politically this would be impossible for Ireland, as it would in effect divide the island physically, costing untold negative implications on north south relations, dividing families unnecessarily, hindering trade and tourism, as well as having enormous cost in terms of the manpower needed to regulate and control border crossings.

Similarly, it would equally not be politically feasible for the island of Ireland (including Northern Ireland) to join Schengen, as this would require checks on ferries and flights arriving into Belfast from Britain, something probably quite unacceptable to the Unionist community in Northern Ireland.

Operational Flaws

There are a number of major weaknesses with the current system which need to be addressed.

Firstly, Ireland and the UK have different requirements on third country nationals, when it comes to who requires a visa. For example, nationals of Malawi and Bolivia do not require a visa to visit Ireland for tourism purposes, whilst they do require a visa for a similar visit to the UK. In such a scenario, a well informed Malawian or Bolivian passenger who intends to travel to the UK illegally can avoid applying for a UK visa by simply traveling via Ireland. This is made all the more easy by virtue of the lack of control on passengers arriving into the UK from Ireland.

Furthermore, the UKBA have no method to learn of the passengers arrival as no information in this regard is passed between Irish and UK authorities. On the other hand however, if the passenger did inform GNIB officers of their intention to travel onward to the UK, then they may be refused permission to enter Ireland under the Aliens (Amendment) Order 1975.

Second, the system presents complications and red tape for non-EU nationals residing (legally) in either state. Unlike the Schengen visa area, non-EU nationals living and working legally in Dublin are not automatically entitled to visit Northern Ireland or Britain.

This problem is avoided in the Schengen zone where visa and residence permit holders are entitled to visit all states in the zone, despite their visa being issued by one particular Schengen member country. For example a Russian student in a university in France can travel as far Portugal, Finland or Greece without requiring a visa, however can not visit Ireland or the UK.

This impacts on business too. Whilst non-EU workers legally resident in any member state can apply for a 'Van der Elst' visa if their work requires travel to other EU states on official business, in effect this requirement to apply for additional visas effects those resident in Ireland and the UK disproportionately when compared to those resident in the Schengen zone states. Those with Schengen state issued resident permits may travel across the entire Schengen area unhindered, whilst those resident in Ireland and the UK would need to apply for a 'Van der Elst' for even a simple visit between Dublin and Belfast.

M1 Dublin - Belfast Motorway

Third, the current application of the CTA on the island of Ireland can cause accidental breaches of immigration law, particularly with the lack of demarcation of the border. Those familiar with driving between Northern Ireland and the Republic will be aware that it is very difficult for someone unfamiliar with the area to be confident where the actual border is. There are no checkpoints, nor lines. Signposts which are most commonly seen warn drivers that speed limits are measured in kilometers rather than miles per hour, without pointing out the reason for the change from imperial to metric.

Whilst this is important in terms of economic normalization in the region as well as the understandable desire of nationalists and others to avoid any obvious demarcation, the current system of political division existing simultaneously with an invisible border is highly unusual in immigration terms.

The point at which the northern six counties meet the twenty six counties of the Irish Republic does have important consequences in immigration, especially for non-EU visa required nationals. For those individuals, this is the point after which the validity of their visa ends, and if they hold a single entry visa, the point after which return may also be illegal or impossible.

Passengers traveling by taxi, bus or train are not informed of the approaching immigration frontier, probably because it has little significance to the driver, who is most likely an EU citizen. For any non-EU passenger however, crossing the frontier may be illegal and have serious consequences.

Take for example a Chinese national legally resident in Dublin who wishes to visit Donegal, say with work colleagues for a weekend. On making their trip north west, their route may take them across the border north of Monaghan and again back into the Republic at Castlefin in Donegal. It is likely that the Chinese national would remain blissfully unaware of his illegal entry into Fermannagh (i.e. Northern Ireland) and subsequent return to the Republic, as no signs nor police nor barriers announced his crossing of the frontier.

The law does not exist if it is not applied perhaps one might say? But if however he chose to travel on a bank holiday weekend, or was otherwise unlucky enough to be stopped by a random Garda checkpoint, he then risks the potential of deportation, if deemed to have breached UK immigration regulations or where he had a single entry visa for Ireland. Is this lack of transparency for unwitting non-EU citizens a good policy approach? I don't think it is.

Fourth, the CTA can be a hindrance for tourists to the UK, who may wish to add on a short trip to Ireland as part of their plans. Visa required tourists visiting the UK are unlikely to go to the effort of applying for a second visa for a short trip to Ireland. This in effect creates a barrier of entry to genuine tourists (who have already been checked and approved by the UKBA) from visiting Ireland.

This barrier has been identified by the Irish government and a pilot arrangement has been put in place for the Olympics summer season for citizens of some countries to address this problem. The issue here is that by restricting those who have already been issued a UK visa, genuine tourists are discouraged. At the same time, those with more sinister intent can simply come by ferry or bus and meet no inspections on arrival into Ireland. It seems unusual to guard one entry point so strictly whilst almost ignoring others.

Fifth, the CTA as it is currently applied, fails to utilize the potential of pooled resources between the UK Home Office and the Irish Departments of Justice. Along with duplication of visa determination procedures, the current system also fails to provide warnings on previous immigration history, visa rejections or criminal convictions etc. of arriving passengers. UK and Irish embassies are left unaware of each others work and decisions made, whilst at the very same time, they rely upon each other to secure the gate which provides access to the CTA from the respective sides.

What does Common Travel Area mean?

The CTA is a relic of Ireland's independence where for various political reasons, it was in the interest of Dublin and London to maintain the status quo. The delicate nature of affairs between the two states, particularly during the troubles in Northern Ireland, resulted in what is little more than a mutually beneficial understanding between the states, albeit perhaps with some difference of opinion on what exactly is understood.

In effect, as the UK don't check those arriving from Ireland at all, they entrust the Irish authorities to inspect and decide on the legitimacy of those arriving into the CTA on the Irish side without much question. The  reasons for may emanate from a blurring between what constitutes domestic/international since Irish independence, or perhaps the Home Office have simply determined that the overall risk, in terms of numbers arriving via Ireland, is minimal when compared to their major international airports and ferry crossings with continental Europe.

In this regard, Home Office, and other official reports regarding the UKBA Scotland and Northern Ireland administrative district, seem to focus very little on the Irish border. For passengers traveling the opposite direction however, the UKBA do take it upon themselves to pre-screen transit passengers who are traveling onward to Ireland. This action seems to suggest that they believe that passengers will not be re-screened on arrival in Dublin, which is not true. In effect, they seem to be operating as if the CTA were a joint visa zone, which is certainly a very different understanding than presented by the Irish.

Taking the opposite approach, Ireland inspects all arrivals by air, and performs random and sporadic checks on road, rail and sea passengers. Why there is a distinction between the treatment of air passengers as compared to others remains unclear, however it is most likely a product of manpower shortages coupled with a lack of political will for controls between the Republic and the six northern counties.

The continued screening of air passengers arriving from the UK is puzzling, especially at a time of severe pressures on Garda resources. Some point to Irish state attempting to demonstrate it's independence from its former colonial master as the reason for this, however it is much more likely that it happens simply as a matter of course due to the design of Irish airports, where arriving domestic and international passengers are intermingled.

Options for the Future

At the very least there is a need for enhanced cooperation in immigration matters, particularly in the area of visa determination. The current system which allows deportees from the UK to later go on to apply for an Irish visa and return to the UK via Dublin is a major failure and serves nobodies interests.

The lack of inspection of through passengers in the 200s area of Dublin airport is another major failure which needs to be addressed. In effect, the only person applying immigration inspections on behalf of the UK in this scenario is the boarding gate staff representing the airline. No government officials meet transiting passengers using the 200s at all, either transiting Ireland or arriving in the UK.

Ireland should request read-only access to the UKBA computer system. In this way, GNIB officers could be better informed when meeting arriving passengers with visas for the UK. Under current arrangements GNIB officers must either inspect the visas visually or otherwise must revert to phoning UKBA staff for advice, if they have any suspicions. Similarly, the Irish Department of Justice and Irish Embassies abroad could benefit greatly in their visa decision making process were they given access to additional information held by the UK Home Office. Arrangements could also be put in place to allow UKBA staff access GNIB files for the same purpose.

Realistically, Ireland and the UK should move toward a system where they either issue joint visas, or, at the very least, should allow transit / short term entry to holders of each others' visas. The actions of the UKBA seem to model this approach already, as those arriving from Ireland are all but ignored. Rather than ignoring those doing this however, it should be put on a statutory legal basis. Similarly, Ireland should trust decisions made by UKBA staff and summarily admit those who have already been issued a UK visa, and have already 'landed' in the UK.

In the same manner, those with residents permits for Ireland should be permitted an automatic short term visit visa exemptions to the UK and vice versa. This would not change the status quo, rather would legalize and regularize what is already happening on the ground. Such a step would allow GNIB efforts to be focused on more important matters, in particular to focus on flights from outside the CTA or outside the EU.

I personally would recommend ending checks on those arriving from the UK by air due to the potential cost savings involved. I also feel that these checks provide little benefit to the state, as any potential illegal entrants can simply opt to come by bus from Belfast. Further more, they seem to present a lack of joined up thinking on the issue, which needs to be discussed.

Time for a Plan

The 'Common Travel Area' which exists between Ireland and the UK appears to be interpreted differently by the Irish and UK governments. Rather than ignoring the issue and maintaining the flawed status quo there is an opportunity for the two states to improve cooperation in the area of immigration for their mutual benefit.

This is an excellent opportunity to regularize what is already happening on the ground and to extend the principles of free movement to all legal residents and visitors; either by issuing joint Ireland & UK valid visas or by implementing a blanket waiver for those holding a visa for one state to enter the other.

In December 2011 the British and Irish Governments signed a Memorandum of Understanding to improve the CTA. It will be interesting to watch what happens next.

Joe O Murchadha 05 June 2012

Additional Resources

Citizens Information – Common Travel Area - Click Here 
Varadkar calls for ‘mini-Schengen’ of UK and Ireland - Click Here
Memorandum of Understanding to Improve Common Travel Area - Click Here
CEPS Policy Brief - Click Here
Slugger O'Toole - General Discussion - Click Here
British-Irish Parliamentary Assembly - Click Here
UK Border Agency in Scotland and Northern Ireland: border operations - Click Here
Queens University Belfast – Center for International Borders Research - Click Here

Disclaimer - Policies, regulations and procedures on the ground change from time to time, however a diligent effort has been made to ensure the accuracy of this information.