Interesting Twitter thread
@Frances_Coppola
After freedom of movement ends on 31st Oct, presumably all passports will then have to be checked at the border between Ireland and Northern Ireland so those of EU nationals other than Irish citizens can be stamped? This will go down well...
@WEAYL
why?
@Frances_Coppola
because you can't tell the difference between an Irish citizen and any other EU citizen just by looking at them, obvs
@SimonFRCox
There’s no need to check. Existing UK law deems most EU citz / family entering UK from within common travel area to have been granted limited leave to remain (if they don’t already have indefinite leave).
@TimMorton2
Don’t think
@EmmandJDeSouza
sees it quite like that
@SimonFRCox
Under Article 4 of Immigration (Control of Entry through Republic of Ireland) Order 1972, non Irish cits are treated as if had been given leave to enter for 3 months. legislation.gov.uk/uksi/1972/1610/article/4/made
@WEAYL
I suppose the point is that Ireland won't stamp passports (or ID cards) of EU citz, so UK cannot identify overstayers, nor IE they take action against EU citz leaving Ireland who entered UK more than 3 months previously
@SimonFRCox
True. But HO planned in Feb to use e-passport gates for EU cits after a no-deal Brexit, so no passport stamps at ports facing outside CTA either.
It’s completely practical to deem everyone to have 3 months leave to enter, which means people are legally obliged to apply before expiry if they want to stay, with evidence of their UK entry (eg plane, train, ferry ticket) to show they didn’t overstay.
@Frances_Coppola
it does not seem to be what the new-look Home Office intends
@SimonFRCox
I’m not convinced - Patel’s Mail piece is too vague to gauge what policy she wants. Maybe she just wants headlines.
Anyway, it’s borderline impossible for HO to recruit and train even enough agency staff to interview and decide the 100,000 EU cits who arrive in UK every day.
@Frances_Coppola
I wouldn't bet on Patel just wanting headlines.
I agree about the impossibility, but this Government doesn't let such a minor problem as logistical impossibility bother it. This is not the only area where its current plans can't possibly work.
when they discover that they can't actually police that border, they will then apply pressure to Ireland to police it for them.
Ronan Delaney
@delexical
How? These EU citizens are resident in Ireland, own businesses and vehicles, are normal part of community and employ, work alongside and for Irish citizens from both IE & NI.
For example an Armagh builder employing Meath plumbers with Lithuanian subcontractors on Tyrone site. The Lithuanians live in Drogheda. How does the Irish state "police" who goes across the border to work on the Tyrone site?
@SimonFRCox
But if the builders are Ukrainian or Moldovan & on an Irish work permit, this is an issue now. The builders can do their shopping in Armagh but not work there.
How do Irish police that? Or British police similar?
Lightly I imagine.
What Frances has in mind, I suspect, was who gets admitted to Ireland - and who gets permission to work there. This is where the expectation currently is. But if UK says EU cits can’t work in UK without permission, then we have major assymetry.
@Frances_Coppola
That's exactly what I mean by "applying pressure to Ireland". It's not Ireland's responsibility to restrict who enters and works in their own country because the British want to end FOM without imposing controls on the Ireland/UK border.
it would be absolutely outrageous for Britain to demand that Ireland restrict FOM with the rest of the EU in order to keep the Ireland/UK border open. It amounts to a demand that Ireland leave the single market.