S.I. No. 728/2020 - European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020

1. Name of person

2. Nationality of person

3. Date of birth

4. Date of issue of document

5. Date of expiry of document

6. Unique number

7. Record in electronic form of biometric data of the person to whom it is given

8. Statement that the document is “Issued under Article 18(4) of the Withdrawal Agreement” and is the property of the Minister for Justice

9. Photograph of person

SCHEDULE 11

Regulation 16 – Form of removal order

European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020

To: [name and address of person]

WHEREAS it is provided by Regulation 16 of the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 that, subject to those Regulations, the Minister for Justice may by order require a person to whom the Regulations apply to leave the State within the time specified in the order;

AND WHEREAS you are a person in respect of whom a removal order may be made under the said Regulation 16;

NOW I, on behalf of the Minister for Justice, in exercise of the powers conferred by the said Regulation 16, hereby require you to leave the State within the period ending on the .

[Signature of officer of Minister]

[Name and rank of officer of Minister]

On behalf of the Minister for Justice

[date of signature]

SCHEDULE 12

Regulation 17(3) – Form of exclusion order

European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020

To: [name and address of person]

WHEREAS it is provided by Regulation 17 of the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 that, subject to those Regulations, the Minister for Justice may by order require a person to whom the Regulations apply not to enter the State for the period specified in the order;

AND WHEREAS you are a person in respect of whom an exclusion order may be made under the said Regulation 17;

NOW I, on behalf of the Minister for Justice, in exercise of the powers conferred by the said Regulation 17, hereby impose an exclusion period on you whereby you shall not re-enter or seek to re-enter the State up to .

[Signature of officer of Minister]

[Name and rank of officer of Minister]

On behalf of the Minister for Justice

[date of signature]

GIVEN under my Official Seal,

31 December, 2020.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

(

This note is not part of the instrument and does not purport to be a legal interpretation.

)

These Regulations give effect to the provisions on residence and residence documents in Part Two (Citizens’ Rights) of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

The Regulations make provision for the application, as appropriate, of the European Communities (Free Movement of Persons) Regulations 2015 (

S.I. No. 548 of 2015

) to United Kingdom nationals and their family members to whom Part Two of the Withdrawal Agreement applies, and make provision for the issue of residence documents and permanent residence documents to such persons.

1 OJ No. CI 384, 12.11.2019, p.1

2 OJ No. L 29, 31.1.2020, p.1

1 OJ No. CI 384, 12.11.2019, p.1

10. Documentary evidence of continuous residence in the State for a continuous period of 5 years

11. Photograph of applicant

Particulars of United Kingdom national of whom the applicant is a family member or dependant

12. Name of United Kingdom national

13. Address of United Kingdom national in the State

14. Date and place of birth of United Kingdom national

15. Nationality

16. Number, date and place of issue of United Kingdom national’s passport

17. Any other nationality and dates applicable/dates held

18. Occupation of United Kingdom national in the State

19. Immigration Reference Number, if any, PPS number of United Kingdom national

20. Details of relationship between applicant and United Kingdom national

21. Declaration of any criminal record

22. Documentary evidence that the United Kingdom national has satisfied one or more of the conditions referred to in Regulation 5 during his or her residence in the State

23. Where the United Kingdom national has not resided in the State for a continuous period of 5 years, evidence that he or she satisfies the requirements of Regulation 10.

24. Photograph of United Kingdom national

SCHEDULE 10

Regulation 12(2)(c) – particulars to be contained in permanent residence document for family members of United Kingdom nationals who are neither Union citizens nor United Kingdom nationals

The permanent residence document shall contain the following particulars-

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th January,

2021.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving full effect to Part 2, other than Chapters 2 and 3 of Title II, and Title III, of that Part, of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

1

, approved on behalf of the European Union by Council Decision (EU) 2020/135 of 30 January 2020

2

, hereby make the following regulations

Short title and commencement