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 Fรกilte 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.
