UK Immigration: What is the Common Travel Area?
The Common Travel Area (CTA) is an open borders zone which is made up of the UK, Ireland and the Crown Dependencies (Jersey, Guernsey and the Isle of Man).
The Common Travel Area is a long-standing arrangement between these countries that pre-dates both British and Irish membership of the EU and is not dependent on it. In May 2019, the UK and Irish governments signed a Memorandum of Understanding to reaffirm their commitments to maintaining the Common Travel Area and the associated rights and privileges in all circumstances.
This means that despite the UK leaving the EU, special arrangements still stand between British and Irish citizens when it comes to living and working in each other’s countries. Under the arrangement, British and Irish citizens have the right to live, work, study and access healthcare, social security and public services in either jurisdiction without having to apply for permission.
However, different rules apply if you are not a British or Irish citizen.
Entering the UK from the Common Travel Area
The Common Travel Area arrangements mean that you won’t always go through UK immigration control when arriving in the UK from somewhere else in the CTA. Usually, foreign nationals do not need permission to enter the UK if they are arriving from the CTA for a visit of up to six months. However, there are some exceptions.
Certain people need permission to enter the UK for a short visit wherever in the CTA they are travelling from. Others only need permission if they are travelling to the UK from Ireland.
Who always needs permission?
You will need to seek permission to enter the UK from anywhere in the CTA if:
- You are subject to a deportation order
- Your exclusion has been deemed conductive to the public good
- You have previously been refused permission to enter the UK and haven’t been granted permission to enter or remain in the UK or any of the Crown Dependencies since that refusal.
Travelling to the UK from Ireland
If you hold a UK visa or other form of permission to enter or remain in the UK, you do not need further permission to enter the UK from Ireland.
However, you will need permission to enter the UK from Ireland if:
- You arrived in Ireland from outside of the CTA and did not obtain immigration permission to enter Ireland
- You are a visa national and do not hold a valid UK visa
- You entered Ireland unlawfully from outside the CTA
- You entered the UK or Crown Dependencies unlawfully and went directly from there to Ireland
- Your permission to enter or stay expired before you left the UK and since then you have not been granted permission to enter or stay in the UK or any of the Crown Dependencies
- You are the subject of an international travel ban
- You were refused admission or subject to a removal decision, unless you were later given permission to enter or stay
If any of the above situations apply, you must either:
- Apply for a visa before you travel
- Apply or permission to enter from a Border Force Officer at the UK border
Travellers should note that visas issued by the Irish authorities are not acceptable for travel to the UK except for visas issued under the British Irish Visa Scheme.
Deemed leave
Some people automatically have permission to enter the UK from Ireland and do not need to apply for it. This is known as ‘deemed leave’.
You can enter the UK on the basis on deemed leave when:
- You enter Ireland from a country outside the CTA, and then travel on to the UK
- You were in the UK with permission to stay for a limited time, went directly to Ireland and returned directly to the UK when your permission expired whilst you were in Ireland.
You can be in the UK for up to six months on your first visit from Ireland. You won’t get a stamp in your passport showing deemed leave as you will not necessarily meet a Border Force officer when arriving in the UK from Ireland. Instead, you can prove the date you entered the UK by your ticket or boarding pass. Your deemed leave ends when you leave the UK.
You cannot do any paid or unpaid work whilst in the UK on deemed leave, except activities that are permitted under the Visitor Rules. If you wish to work in the UK, you must apply for the relevant visa before you travel.
Travelling between the Crown Dependencies and the UK
If you secure immigration permission to enter or stay in the UK, that permission and the conditions attached to it also apply in the Crown Dependencies (the Isle of Man, Guernsey and Jersey). Likewise, if you get permission to enter or stay in the Crown Dependencies this also gives you permission to travel to the UK.
You only need to apply for one UK visa if you plan to travel directly to the UK or any of the Crown Dependencies, or stop in any of those places on the way to another. Visa applications for the Crown Dependencies are submitted and paid for in the same way as for the UK.
Travelling through the UK
If you are entering the UK as part of your journey to another part of the CTA, you must still follow the UK’s immigration laws whilst in the UK. This includes visa requirements, restrictions on employment and length of stay. The same applies for whichever part of the CTA you are in at the time.
Questions about UK immigration?
If you require support with applying for a UK visa, Smith Stone Walters can help. Our dedicated entry clearance team can assist you in choosing the right visa category for your situation, and can provide practical support with the application process.
To speak to an advisor, please contact us today.
