Ireland Should Recognize US and EU Visas for Tourist Entry

With Ireland plying to increase international tourism, including from new and emerging markets, is this the time to lift visa requirements for those who have Visas/Green cards and Residence Permits for the US and for other EU countries?

Ireland, the Common Travel Area and Schengen

Ireland and the United Kingdom maintain a common travel area outside of the EU Schengen zone, which is operated by most other EU member states.  Interestingly however, with a few exceptions, there is no cross recognition of visas for both countries, rather Ireland and the UK continue to enforce quite different rules regarding who needs a visa and how residency permits are issued.  Currently international tourists and business visitors from outside the EU need separate Irish and UK visas.

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 out. Under the regulations of Schengen visa membership, members with a border with a non-Schengen neighbour are required to implement strict controls at that external border.  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. 

Ireland wants to boost tourism

Ireland has always tried to promote tourism as an important industry, however over the past three years in particular, the government have launched a number of major initiatives aimed to increase tourist numbers, including from emerging markets.  Over the past two years we saw major advertising campaigns across the globe including for “The Gathering” and “The Wild Atlantic Way,” as well as new joint cooperation initiatives of Fáilte Ireland and Tourism Ireland to promote Giro D’Italia, the Croke Park Classic and Limerick City of Culture. Other efforts focused on encouraging major corporate conventions to come to Ireland as well as a push to reduce the Air Transport tax.

These campaigns are producing results as Tourism Ireland report that November 2013-January 2014 saw an 8.2% growth in overseas visitors, but there is still much to be done.

Testing the Waters – EU Family Rights

EU principles on Free Movement of Workers has meant that Ireland generally allows accompanying Non-EU spouses and family members of EU citizens to travel visa free to Ireland.  To stop them would hinder the EU citizens right to free movement, and hence would be arguably a breach of EU rules.  In effect, this is a cumbersome process of producing marriage certs and other documents to airline officials on check in, and also causes much irritation to those who are surprised to realize at the airport that Ireland is not covered by the Schengen agreement.  For all other visitors however, they need a separate visa for Ireland, as their Schengen wide visa is not valid here. 

Testing the Waters – Olympic Visa Waver Initiative

Separate to the impact of family freedoms, the first attempt to test the waters on cross recognition of visas was during the London Olympics.  During this time, as an interim measure, then Minister Alan Shatter lifted Irish visa requirements for those with Olympic Accreditations as well as introducing the “Ireland Short Stay Visa Waver Programme (VWP)”. The VWP commenced on 1 July, 2011 and was scheduled to run on a pilot basis until the end of October, 2012 taking in the period of the London Olympics. Under the Programme, tourists or business people who had already lawfully entered the UK, including Northern Ireland, on a valid UK visa were able to travel on to Ireland without the requirement to obtain an additional Irish visa. They are allowed to stay in Ireland for up to 3 months, or until their UK visa runs out, whichever was the shorter.

This interim VWP applied to nationals of sixteen countries namely India, Kazakhstan, the Peoples’ Republic of China, Uzbekistan, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Belarus, Montenegro, Russian Federation, Serbia, Turkey and Ukraine.

It was deemed a great success and was accordingly extended for a further 4 years.  Bosnia Herzegovina and Thailand were also added to the scheme.  The Irish Naturalization and Immigration Service explained their decision to extend the scheme by pointing to increased tourism figures and other positive indicators of the impact of the Programme, which they list as follows:

• The number of tourist groups from China more than doubled from July to August 2011 compared to the same period in 2010.
• A new Oriental Global Study Tour Centre has successfully organized two groups of more than 60 Chinese students to the UK and Ireland to study English and to sightsee in August 2011.
• A number of new operator and travel agent itineraries have been created as a result of the introduction of the Programme including:

                        - ­9 new tour operator itineraries from China

- 10 new tour operator itineraries from India

- 2 meetings and incentives groups included Ireland in their itineraries

- 5 new tour operator itineraries from the Gulf region

In all, it was generally agreed that the programed was a success, and should be extended. 

Testing the Waters – New British-Irish visa scheme (Cross Recognition for Indian and Chinese Nationals)

Last month, newly appointed Minister for Justice Frances Fitzgerald announced the launch of the British-Irish visa scheme. Under the new scheme Indian and Chinese nationals will be allowed to travel freely in the Common Travel Area with either an Irish or a British visa, much like what currently exists under the extended Olympic VWP program.  Interestingly however, this time it’s a two directional affair as the Irish visas will also be recognized in the UK.   As far as I am aware, this is the first formal example of UK recognition of Irish visas for entry to the UK.  That said however, this should be understood in the context of quite different understandings held by UK and Irish border officials when it comes to their role in checking transit passengers moving internally in the CTA. This is addressed in a previous chapter.   

From the tourism and business perspective, Minister Fitzgerald said the scheme would make it easier and more attractive for visitors to come to Ireland and the UK. She also pointed out that tourism had increased from these countries by 68 per cent between 2010 and 2013.

What I propose- A much broader VWP

Whilst all these different schemes are to be welcomed, it makes the process a complex mess. Anyone who has ever visited the INIS website looking for information will know that they need to scroll through press releases and myriads of information to try find an answer to a simple question.  Also, the legislation in place remains complex, with some countries not appearing on either the list of those who do or do not need a visa.

Why not simplify the process for everyone? In my view Ireland should extend the Visa Waver Program to all nationalities, and should also include visas issued by the Schengen states and the USA.

The same rules could apply, i.e. that Ireland grants admission to business or tourist visitors who are in possession of a valid UK or USA or Schengen Visa, and who have already lawfully entered the UK/USA/Schengen Zone on that visa, for up to 3 months or until their visa runs out, whichever is the shorter.

Why would this help ? – Cases in Point

There are simple examples of why this is needed. 

Case 1- Take a Russian Student living in France for the past three years. This student can travel without restriction on holiday to Malta, Sweden, Spain and Finland, but cannot travel to Ireland without applying for a visa.

Case 2- Then lets introduce ethnic issues presented by member states nationality laws. Take a Turkish German or Russian Estonian who have opted to maintain their family/origin nationality, and therefore don’t have EU passports - despite being legally resident and perhaps living their entire lives in the EU.  Again, these individuals can travel without restriction from Italy to Iceland and from France to Lithuania without questions, but cannot travel to Ireland without applying for a visa.

Case 3- Take an Indian living in the US for years with a US Green Card. This person can travel all across the USA without issue, as well as to many additional Central American Countries, but cannot travel to Ireland without applying for a visa.

Does this make sense ? I don’t think so.

Is it safe to remove these barriers ? - I think yes.

Ireland has a limited number of diplomatic missions abroad, and as such visa applicants often don’t have a representative mission in their home country.  This means that visa applications are often by post, and often times the decision maker does not have the opportunity to interview the applicant.

The USA, the UK and Schengen States have strict requirements for visas and work permits, often enforcing stringent and comprehensive processes for all applicants. In addition, my proposed broader VWP would only cover those who have already legally gained entry, and as such the UK Border Agency/Immigration, The US Customs and Border Patrol, or the Schengen States police and Frontex forces have already rescreened these individuals prior to their arrival in Ireland. 

I think those who have already been pre-screened by our European Neighbours or by the strict US immigration officials are likely to be safer, rather than higher risk, than any new applicants would.

Summary

Of course no system is flawless, but ultimately accepting pre-approved visitors from the USA, UK and Schengen States presents no additional risk to Ireland.  On the contrary, it stands to allow for a significant removal of red tape, a simplification of the rules and a removal of barriers which currently deter the tourists and business visitors we are trying to encourage.

A broad based Visa Waver Program is a good idea and should be implemented.

Seosamh O Murchadha

10.07.2014

Reference Materials: 

- New Scheme for Indian and Chinese Visitors http://www.irishtimes.com/news/politics/oireachtas/single-visa-will-allow-travel-for-chinese-indian-visitors-to-ireland-and-britain-1.1834622

- Olympic Scheme http://www.inis.gov.ie/en/INIS/Pages/Minister%20Shatter%20waives%20visa%20requirements%20for%20holders%20of%20Olympics%20Accreditation.

-          http://www.inis.gov.ie/en/INIS/Pages/Irish%20Short-stay%20Visa%20Waiver%20Programme%20Extension

-    - INIS Who needs a visa http://www.inis.gov.ie/en/INIS/Pages/Do%20I%20need%20an%20Irish%20Visa

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      - Statutory Instruments http://alturl.com/pitwb