Non-Irish EU citizens living in the republic will have to apply online for prior authorization to travel from the UK to cross the border under proposed new UK immigration laws.
Under the Citizenship and Border Act, they will be required to apply for a US-style visa waiver known as an Electronic Travel Authorization (ETA) before entering the UK, including when crossing the land border into Northern Ireland.
It will also apply to nationals of the European Economic Area (EEA) who live here, which includes people from Norway, Liechtenstein and Iceland.
Non-British or non-Irish nationals from other countries, outside the EU/EEA, who have not previously requested a visa to enter the UK, will need an ETA.
The bill is part of a comprehensive post-Brexit overhaul of the UK’s immigration laws and includes provisions on asylum seekers, citizenship and immigration control.
It passed in the House of Commons on Wednesday and will now move to the House of Lords.
The amendment introduced by the Alliance Party, the Democratic Labor Party, the Labor Party and the Liberal Democrats to exempt travel on the island of Ireland from the ETA vote requirement was not selected.
«This adds extra layers of bureaucracy and creates new legal risks and risks for people transiting overland into Northern Ireland,» said coalition MP Stephen Fary.
UK position
Northern Ireland MPs questioned Britain’s immigration minister, Kevin Foster, on Wednesday about the impact of the UK’s exit from the European Union on immigration checks within the Common Travel Area (CTA).
He downplayed the potential impact of the change, describing the ETA as «a simple online fill-in form that, once you’re done, you can easily renew as well.»
He said those who need the form will «probably get used to the idea that they will need to apply for something from the UK».
Belfast-based human rights organisation, the Commission for the Administration of Justice, has warned that the new rules will create «hard borders» for people who previously enjoyed free movement between Northern Ireland and the Republic, and will have a special impact on those living in border areas.
On Wednesday, the commission wrote to the human rights and equality commissioners on both sides of the border to highlight their concerns about the proposed legislation, saying it would have a «uniquely detrimental impact on the lives of people residing in border areas who need to enter the northern region.» Ireland for essential purposes’ such as work, education or family visit.
This could also affect the ability of members of the immigrant community to participate freely in cross-border projects and programmes, the panel said.
The organization warned there was a «high risk» that people would not be aware of ETA’s requirements and would therefore cross the border without the document, leaving themselves vulnerable to prosecution and imprisonment.
«Based on current practice, we are concerned that there will be selective enforcement by UK border forces on the grounds of racial discrimination,» said Daniel Holder, deputy director of the commission.
suspicion
At the Northern Ireland Affairs Committee earlier on Wednesday, Mr Foster confirmed the change in the law. He replied ‘yes’ when asked by Mr. Fary to confirm whether ‘considering we now have a group of people who have free movement through the EU to Ireland but no longer have freedom of movement to the UK, that group of people would require an ETA’ To travel to the UK including travel to Northern Ireland?”
The scheme is due to come into effect in 2025, but it is unclear how it will be implemented, and how much it will cost or how long it will take to order.
Mr Foster said the documents would «never be checked» at the land border and that enforcement would be «proportionate».
That could create «a climate of uncertainty. Basically we’re telling people: ‘You’re not going to be arrested,'» Claire Hanna, MP for South Belfast, said. She asked whether people were arbitrarily required to produce the document if they faced the authorities in other circumstances, for example if they witnessed a crime or were involved in a car accident.
Mr. Farye raised concerns about the practicalities for people in border communities of having to apply in advance for the document, and the difficulties of raising awareness about the scheme so that people would not inadvertently break the law.
«Every day, there are tens of thousands of people crossing the border into Northern Ireland, including non-British and non-Irish people…Sometimes these trips are not planned for three days in advance,» he said.
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