Country-wide policy
The Travel Area With Britain Works by Deleting British Citizens From the Statute Book
Ireland and the United Kingdom have shared a free travel area since long before either joined anything, and there is no Irish statute that grants it. The mechanism is a subtraction. Section 2 of the Aliens Act 1935 says an alien is a person who is not a citizen; section 10(1) lets the Government exempt the citizens of a country from the Act; the Aliens (Exemption) Order 1999 exempts every citizen of the United Kingdom from the Act and from every aliens order made under it. The Immigration Act 1999 then defines a non-national as an alien other than one exempted under section 10 - so a British citizen is not a non-national, and the Immigration Act 2004, which regulates non-nationals and nobody else, does not reach them. The Employment Permits Act 2024 borrows the same definition for foreign national, so the permit system does not reach them either. The Common Travel Area does appear by name in the 2004 Act, twice, and both times it is about keeping other people out of it.
Topics it changes
At a glance
- Where the travel area is granted
- Nowhere - no instrument we read confers it
What exists is an exemption order under section 10 of the Aliens Act 1935.
- What an alien is
- A person who is not a citizen of the State
Section 2 of the Aliens Act, 1935, in the currency of 1935.
- Who is exempted
- Every citizen of the United Kingdom of Great Britain and Northern Ireland
Article 3 of the Aliens (Exemption) Order, 1999.
- Consequence for immigration law
- A British citizen is not a non-national, so the Immigration Act 2004 does not apply
The definition in section 1 of the Immigration Act 1999, carried into the 2004 Act.
- Consequence for employment law
- No employment permit, because foreign national carries the same definition
Section 2 of the Employment Permits Act 2024.
- What the 2004 Act does say about the area
- That an officer may refuse entry to someone using Ireland to extend a stay in it
Section 4(3)(l), inserted after the United Kingdom left the European Union.
- Whether the arrangement itself is published
- Not in anything we read - the Act defines it as an arrangement between the two governments
Section 17A(3) of the Immigration Act 2004, inserted in 2019.
What the law says
«2. —In this Act the word “alien” means a person who is not a citizen of Saorstát Eireann.»The 1935 spelling of the State's name is the publisher's and is left as printed.
Read it at the sourceAbout this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
«WHEREAS it is enacted by section 10 (1) of the Aliens Act, 1935 (No. 14 of 1935), that the Government may by order exempt from the application of any provision or provisions of the said Act, or of any aliens order, the citizens, subjects or nationals of any country in respect of which the Government are satisfied that, having regard to all the circumstances and in particular the laws of such country in relation to immigrants, it is proper that such exemption should be granted:»The enabling power, recited in the order that uses it. The condition is that the Government is satisfied, having regard to the laws of that country in relation to immigrants, that the exemption is proper.
Read it at the sourceAbout this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
«3. Every person who is a citizen of the United Kingdom of Great Britain and Northern Ireland is hereby exempted from the application of the provisions of the Aliens Act, 1935 (No. 14 of 1935), and from the application of the provisions of every aliens order made under section 5 of that Act before the making of this order.»About this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
«“non-national” means an alien within the meaning of the Act of 1935 other than an alien to whom, by virtue of an order under section 10 of that Act, none of the provisions of that Act applies;»The hinge. Everything in Irish immigration law is written about non-nationals, and this definition is where the exemption order turns into an exclusion from the whole system.
Read it at the sourceAbout this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
We re-read it every 90 days. More about this source
«"Common Travel Area" means the State, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man;»About this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
We re-read it every 90 days. More about this source
«"arrangement relating to the Common Travel Area" means an arrangement between the Government and the government of the United Kingdom of Great Britain and Northern Ireland relating to the lawful movement of persons between the territories of the Common Travel Area;»An arrangement between two governments, named in a statute and not reproduced in one.
Read it at the sourceAbout this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
We re-read it every 90 days. More about this source
«( h ) that the non-national— (i) intends to travel (whether immediately or not) to Great Britain or Northern Ireland, and (ii) would not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State;»Ireland refusing entry to someone Britain would refuse. The ground was in the Act as enacted in 2004.
Read it at the sourceAbout this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
We re-read it every 90 days. More about this source
«( l ) that the non-national — (i) is a person to whom leave to enter or leave to remain in a territory (other than the State) of the Common Travel Area F11 [ … ] applied at any time during the period of 12 months immediately preceding his or her application, in accordance with subsection (2) , for a permission, (ii) travelled to the State from any such territory, and (iii) entered the State for the purpose of extending his or her stay in the said Common Travel Area regardless of whether or not the person intends to make an application for international protection.»The newer ground, and the one that shows what the area is now being policed for.
Read it at the sourceAbout this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
We re-read it every 90 days. More about this source
«“foreign national” means a non-national within the meaning of the Immigration Act 1999 ;»Eleven words that carry the whole chain from 1935 into the employment permit system of 2024.
Read it at the sourceAbout this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
Practical notes
The chain is four instruments long and no single one of them states the result. A reader who opens the Immigration Act 2004 looking for the Common Travel Area finds a definition and two grounds of refusal, and never finds the exemption that makes it work.
Nothing here is reciprocal on its face. The 1999 Order is a unilateral Irish exemption of British citizens, made on the Government being satisfied about British law as it then stood.
The United Kingdom is not a country this site covers. This record exists because the mechanism explains the shape of Irish immigration law for everyone else: the statutes are written about non-nationals, and who is one is decided somewhere other than the statute.