• Insights

Details on Pre-Clearance Scheme for UK Nationals’ Non-EEA Family Members Published

December 29, 2020

insight-news-default

Country / Territory

  • IrelandIreland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • UK citizens will have an unrestricted right to reside and work in Ireland after December 31, 2020. However, their non-European Economic Area (EEA) family members will require immigration permission to enter, reside and work.
  • Irish authorities have now published full details of the new pre-clearance scheme for non-EEA family members of UK citizens arriving after December 31, 2020, including a detailed policy document.
  • Applications can take up to six months to process and can only be made from the applicant’s country of legal residence. Applicants must remain outside Ireland while their application is being processed.
  • Financial thresholds apply for the sponsor.

The situation

The Irish authorities have now published full details of new pre-clearance scheme regarding non-European Economic Area (EEA) family members of UK citizens arriving after December 31, 2020, including a detailed policy document.

A closer look

Some of the main features of the scheme are:

  • Applicability. It applies to both visa and non-visa non-EEA nationals.
  • Lengthy processing time. The processing time is up to six months.
  • No residency requirement for sponsorship. There are no minimum Irish residency requirements for UK citizens seeking to sponsor a non-EEA national family member.
  • Income requirement. The UK citizen must not have been totally or predominantly reliant on social protection benefits in Ireland (or equivalent benefits in another State) for a continuous period of at least two years prior to the application. In addition, the UK sponsor must have earned a certain gross income in each of the three previous years. The minimum for couples without children is EUR 20,000 per annum, and this amount will be higher depending on the family size.
  • Application location. Applications can only be made from outside Ireland, from the applicant’s country of legal residence, and applicants must remain outside Ireland while their application is being processed. However, it appears that non-EEA nationals who are already in Ireland on the basis of another immigration permission (e.g. student, employment permit holder etc.) should be able to switch status in country if they have a qualifying UK family member. This would not apply to visitors, who must leave and apply from outside Ireland.
  • Authority discretion. There is no automatic entitlement to family reunification and the Irish authorities will have full discretion to grant or refuse applications. However, access will be facilitated as far as possible based on the status of the sponsor.

 

Background

EU Free Movement provisions will no longer apply to UK citizens from the end of the Brexit transition period under the Withdrawal Agreement on December 31, 2020.

While UK citizens have an unrestricted right to reside and work in Ireland due to the Common Travel Area arrangements, a new scheme under Irish domestic law is now necessary to allow UK citizens who wish to reside in Ireland starting January 1, 2021 to be joined by family members who are non-EEA nationals, as there was no scheme in place for this group.

Impact

The terms of the scheme are clear and give much-needed certainly to UK nationals and their non-EEA family members arriving after December 31, 2020. In addition, the policy document confirms the type of immigration permission/”stamp” that the dependent will receive, depending on the category of dependent.

However, the lengthy processing times are likely to be problematic for affected individuals and their employers. Notably, non-EEA spouses of UK citizens must undergo this exhaustive and lengthy pre-clearance procedure. In contrast, spouses of Critical Skills and Intracompany Transferee Employment permit holders (who would also be non-EEA nationals), can join the principal worker almost immediately via a much more straightforward process.

Looking ahead

This new pre-clearance process is in line with the Irish government’s efforts to move to online applications generally, although family-based applications (such as applications under this scheme) are likely to continue to require submission of hard copy documents even if the applications are initiated via an online portal. However, employment-based applications for non-EEA principal workers continue to be virtually paperless.

As noted above, the lengthy processing times announced for this scheme are likely to be problematic, and not in line with the processing times of dependent applications where the sponsor is a non-EEA Employment Permit holder. It is hoped that these processing times will be shorter in practice – Fragomen will report as the situation develops.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • IrelandIreland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
October 20, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 20, 2026Middle East: Penalties Introduced for Late Payment of Social Insurance Contributions
October 20, 2026 | 🌐Minimum Salary Changes Announced
October 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
October 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
October 20, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 20, 2026Middle East: Penalties Introduced for Late Payment of Social Insurance Contributions
October 20, 2026 | 🌐Minimum Salary Changes Announced
October 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
October 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.