Secretariat 3. Citizens Information Board 4. Citizens Advice 5. - - PowerPoint PPT Presentation

• 1. Centre for Cross Border Studies
• 2. North South Ministerial Council Joint

Secretariat

• 3. Citizens Information Board
• 4. Citizens Advice
• 5. Department of Social Protection
• 6. Department for Communities
• 7. EURES Cross Border Partnership
• 8. Law Centre NI

Article 45 of the Treaty on the Functioning of the European Union enshrines:

• the right to accept offers of employment in another

Member State

• the right to move freely and the right to stay for the

purpose of employment ;

• the right, subject to conditions, to remain in a Member

State after having been employed there;

• the right to equal treatment

• Article 50 will trigger 2 years of negotiations
• Access to the Single Market usually requires free movement
• f people
• UK will negotiate with EU as a whole, not with individual

Member States. Ireland cannot give preferential treatment without agreement of all EU members.

• Exit will occur whether or not negotiations are complete,

unless the 27 member states agree an extension

4 million+ EU citizens affected ~ 3 million EU citizens living in the UK 1 million+ British citizens living across the EU

• approx. 24,000 – 30,000 cross-border workers on this island

• Right to PR requires 5 years of lawful residence
• EU citizens not economically active must be self-sufficient

and have comprehensive sickness insurance for 5 years

• In the UK / Northern Ireland most EU citizens instead rely on

NHS, residence based, which does not comply!

• What will happen Irish citizens living in Northern Ireland?

Other EU citizens?

European Economic Area membership; Norway model

• Access to single market, similar rights for citizens
• Voting rights and anti-discrimination rights may be eroded

Switzerland model

• Bilateral agreements ensuring access to single market and free

movement of people – potential rights to residence, work, social security.

• Right to non-discrimination and permanent residence may be

lost

For further information see ECAS report, 5 Takeaways on Brexit, February 2017

Free Trade Agreement with EU e.g. Canada

• Possible that some citizens rights are retained but most likely

linked to employment or temporary stays e.g. study, seasonal work, highly skilled work.

• Free movement of other groups linked to domestic

immigration law

• Under Canada type agreement social security coordination and

voting rights would end

For further information see ECAS report, 5 Takeaways on Brexit, February 2017

Association Agreement / Customs Union e.g. Turkey

• The Turkey agreement only includes free movement of family

members of EU citizens otherwise the person / family must abide by national immigration rules e.g. for work or residence

• Turkish citizens must hold a visa to enter the EU
• Some citizens rights would be protected e.g. there is a gradual

accumulation of residence rights for Turkish workers and their

• families. They also benefit from limited elements of EU social

security coordination

For further information see ECAS report, 5 Takeaways on Brexit, February 2017

World Trade Organisation rules Trade only; tariffs and quotas Citizens rights to enter, work, live etc not included

For further information see ECAS report, 5 Takeaways on Brexit, February 2017

Source: ECAS report, 5 Takeaways on Brexit, February 2017

• Established 1920s, the Common Travel Area ensures

free movement for Irish and UK citizens between the UK, Channels Island, the Isle of Man and Ireland.

• The CTA was annexed to the EU Treaties when Ireland

and the UK joined the EU

• Current Joint Programme of Works to reinforce

cooperation on visas, data sharing and electronic border management.

Student

• Access to education
• Access to health care
• Habitual residence status

Worker

• Unrestricted access to employment
• Right to equal treatment, non discrimination
• Recognition of qualifications
• Access to healthcare, at home and at work
• Habitual residence status
• Social welfare entitlements e.g. illness benefit
• Taxation and social insurance payments
• Commuting e.g. car registration, taxation

Family member

• Married persons taxation
• Spouse moving jurisdiction
• Children
• Maternity and paternity entitlement
• Healthcare
• Child care and education
• Social welfare e.g. Child Benefit

Retiree

• Aggregation of social insurance
• State pensions
• Long-term illness benefits
• Health care entitlement for retired

cross-border workers

1 person

Implications of cross- border mobility

Cross-border worker – living Dundalk, working Belfast

Currently, due to EU regulations 1. Illness benefits – NI may be responsible 2. Family benefits – NI may be responsible 3. Retirement – NI may be responsible for State Pension

Post -BREXIT

• Will PRSI and National Insurance continue to be combined to help

cross-border worker qualify for benefits?

• Will benefit(s) be exported outside UK, to Ireland? Beyond?

• Will the free movement of people, goods and services continue?
• CTA applies to Irish and UK citizens only, restrictions may be placed on
• ther nationalities. What will happen to Irish and EU citizens already

working in the UK / NI?

• Will checkpoints and customs be set up? Will mobility be monitored?
• Would travel visas and work permits be required?
• Would limits be placed on the number of migrant / cross-border

workers? Will there be skills shortages?

• Will the cost of wages go up or down – supply & demand?

• How / where will ‘border’ be managed?
• Point of entry
• Work
• Social security offices
• Schools / educational facilities
• Healthcare providers
• Accommodation providers

Border People Project Manager www.borderpeople.info Centre for Cross Border Studies www.crossborder.ie