The Common Travel Area or, informally the passport free zone, refers to the fact that citizens of the Republic of Ireland, the United Kingdom and Crown Dependencies (the Isle of Man and the Bailiwicks of Guernsey and Jersey) may travel between their countries without a passport. There is no formal agreement between Ireland and UK regarding the common travel area and it is not provided for in the legislation of either country. Although passports have never been required in the zone (except during war-time), the first and only legal recognition of the common travel area between Ireland and the UK is in the EU's Treaty of Amsterdam 1997.

History

The zone is a historical artifact and is due to the fact that following Irish independence from the UK in 1921, no laws were passed requiring a passport for travel across the new border. The zone or Area was not codified, or indeed given an official name, until 1997, and then only at the EU level to distinguish it from the Schengen Treaty. Today, the zone still exists only because neither country has joined Schengen. The provisions of that treaty allow for a common visa and travel area, which, if either the UK or Ireland were to sign, would end the zone.

The reasons for each country remaining outside of Schengen are different and complex. The UK Foreign Office Website says

"Maintaining the UK's frontier controls is the most effective way for us to control immigration and combat international and organised crime. Given our island status, incoming traffic is naturally channelled through our ports and airports, giving us a particular advantage in controlling our frontiers. Other EU countries, by contrast, have to police long land borders, which is more difficult, and they therefore place a greater emphasis on in-country controls (such as identity cards) rather than frontier controls."

And the Irish Centre for Migration Studies website:

"Measures comparable to the freedom of movement provided for in the Schengen acquis have been in place between the UK and Ireland from the early 1950s ^*. UK subjects and Irish citizens have the right freely to travel between the two jurisdictions without having to carry a passport. For this very reason, it has never been viewed as practicable for Ireland to adopt the full Schengen arrangements in the absence of a British decision to do likewise, as the logical outcome would be the imposition of border controls between the UK and Ireland. In the case of the North/South land frontier this would be virtually unworkable, while enormous inconvenience would undoubtedly be caused to people in two societies which, in trading and labour market terms, are still highly integrated."

The issue of whether to join Schengen is tied up with the issue of National ID Cards. In the case of Ireland and the UK, the only government issued ID is the passport. Issuing a form of ID card would greatly simplify travel for UK and Irish citizens, and possibly allow for an easy adoption of the Schengen Treaty, there is however a good deal of domestic resistance to this plan.

^*This date refers to the Irish Nationality And Citizenship Act, 1956 (which modified the 1935 Act) and the UK's Ireland Act, 1949, which together regularised the special 'non-alien' status of Irish and British citizens in each other's countries. Before this the situation was more complex, however passports were still not required, except for the war years during which UK citizens carried ID cards and most travel required a permit. Also during this time, Irish citizens required both a passport and an exit visa to cross the Irish sea, but not to visit Northern Ireland.

Details

As the zone is not the result of a treaty or law, it is subject to change without negotiation. In 1997, Ireland unilaterally brought in a requirement for photo-id at ports. However, this rule is currently only enforced in airports; the land border between the Republic and Northern Ireland is open. The zone also only applies to citizens of these countries. Other nationals must show a passport or a national ID card (for EEA citizens). The zone also does not extend to a common visa system. Irish and British entry visas are separate and issued by their respective embassies. However, bilateral agreements allow UK embassies to act as an Irish consulate when Ireland is not represented in a particular country.

The Common Travel Area also involves some co-operation on matters relating to immigration issues. An alien, for example, may be refused permission to enter Ireland if it is his or her intention to travel onwards to the UK and he or she would not qualify for admission to the UK under the (Aliens Amendment) Order, 1975.

Since being first codified in the 1997 Amsterdam Treaty, the term has been used in new legislation by both countries to define travel abroad for the purpose of tax and immigration, see [1] [2] [3].

British and Irish citizens may live and work freely in each other's countries. This is possible both because both countries are EU member states and because the nationality laws of the two countries do not consider citizens of the other country to be 'Aliens'. Under Irish law, this applies only to UK citizens, rather than the broader definition of 'British citizen'. Also, citizens of Ireland and the UK may vote in national elections of either or both countries. Other EU nationals may only vote in local and EU elections while resident in either the UK or Ireland.

Status of Manx and Channel Islanders

Under a special protocol of the UK Treaty Of Accession To The EEC (1973) some British citizens are defined as 'Manxmen' or 'Channel Islanders'. Such people may travel to Ireland without a passport. However because of the provisions of protocol, they may not live or work in Ireland without a permit. They may live and work in the UK under UK law. They must also optain a permit to move to or work on a different one of the three islands (Man, Guernsey and Jersey). However, should such a person live in the UK for a period of five years they become a UK citizen and all restrictions are lifted. There is currently a popular movement on the islands to revise these laws.

See Also

• Schengen Treaty
• Foreign relations of the Republic of Ireland
• Foreign relations of the United Kingdom
  • British national identity card

External Links

• Irish Government description of the Common Travel Area
• Text of the Treaty of Amsterdam (see protocol B)