Ұлыбритания, Ирландия және аралдардың ортақ саяхат аймағы

Open borders area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands

The Common Travel Area (CTA; Comhlimistéar Taistil, Ardal Deithio Gyffredin) is an open borders area comprising the United Kingdom, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are not legally binding, the internal borders of the CTA are subject to minimal controls and can normally be traversed by British and Irish citizens with minimal identity documents (with certain exceptions). The maintenance of the CTA involves co operation on immigration matters between the British and Irish authorities. In 2014, the British and Irish governments began a trial system of mutual recognition of each other's visas for onward travel within the CTA. as of 2022, it applies to Chinese and Indian nationals and is limited to certain visa types. Other nationalities and those holding non qualifying visas are required to hold separate visas to visit both countries and may not avail of a transit visa exception if wishing to transit through the UK to the Republic of Ireland. Since 1997, the Irish government has imposed systematic identity checks on air passengers coming from the UK and selective checks on sea passengers, and occasional checks on land crossings. the imposition of such controls in the 20th century dated from the Aliens Act 1905 (5 Edw. 7. c. 13), before which there was a system of registration for arriving foreigners. Before the creation of the Irish Free State, British immigration law applied in Ireland as part of the United Kingdom. With the imminent prospect of the secession of most of Ireland from the United Kingdom in 1922, the British Home Office was disinclined to impose passport and immigration controls between the Irish Free State and Northern Ireland, which would have meant patrolling a porous and meandering long land border. If, however, the pre 1922 situation were to be continued, the new Irish immigration authorities would have to continue to enforce British immigration policy after independence. The Department of Home Affairs in the newly established Irish Free State was found to be receptive to continuing with the status quo and an informal agreement to this effect was reached in February 1923: each side would enforce the other's immigration decisions and the Irish authorities would be provided with a copy of Britain's suspect codex (or 'Black Book') of any personae non gratae in the United Kingdom. The agreement was provided for in British law by deeming the Irish Free State, which was a dominion, to be part of the United Kingdom for the purposes of immigration law. It was fully implemented in 1925 when legislation passed in both states provided for the recognition of the other's landing conditions for foreigners. This may be considered to have been the high point of the CTAalthough it was not called that at the timeas it almost amounted to a common immigration area. A foreigner who had been admitted to one state could, unless his or her admission had been conditional upon not entering the other state, travel to the other with only minimal bureaucratic requirements. In December 1937, the Irish Free State was renamed in UK law Eire. The CTA was suspended on the outbreak of the Second World War in September 1939, and travel restrictions were introduced between the islands of Great Britain and Ireland. This meant that travel restrictions even applied to people travelling within the UK if they were travelling from Northern Ireland to elsewhere in the UK.

After the war, the Irish re instated their previous provisions allowing free movement, but the British declined to do so pending the agreement of a "similar immigration policy" in both states. Consequently, the British maintained immigration controls between the islands of Ireland and Great Britain until 1952, to the consternation of Northern Ireland's Unionist population. In April 1949, what had formerly been the Irish Free State left the Commonwealth of Nations to become the Republic of Ireland. No agreement on a similar immigration policy was publicised at the time, but a year after the Irish Minister for Justice referred to the lifting of immigration controls between the two islands as "a matter for the British themselves", the British began referring to the CTA in legislation for the first time. The content of the agreement is provided for in relevant immigration law. The CTA has meant that the Republic of Ireland has been required to follow changes in British immigration policy. The Commonwealth Immigrants Act 1962 (10 & 11 Eliz. 2. c. 21) imposed immigration controls between the United Kingdom and Commonwealth countries. In Ireland, the Aliens Order 1962 replaced the state's previous provision exempting all British subjects from immigration control with one exempting only those born in the United Kingdom. The scope of the Irish provision was thus more restrictive than the British legislation as it excluded from immigration control only those British citizens born in the United Kingdom, and imposed immigration controls on those born outside the UK. The latter group would have included individuals who were British citizens by descent or by birth in a British colony. This discrepancy between Britain's and the Republic of Ireland's definition of a British citizen was not resolved until 1999 by an order which exempted all (and only) British citizens from immigration control.

In July 2008, the UK Border Agency (the predecessor of UK Visas and Immigration) published a consultation paper on the CTA that envisaged the imposition of immigration controls for non CTA nationals, and new measures for identity checks of CTA nationals, as well as an advance passenger information system, on all air and sea crossings between the islands of Ireland and Great Britain. While passport controls were proposed to be applied to travellers between Great Britain and the Republic of Ireland, the nature of possible identity controls between Great Britain and Northern Ireland was not clear. This led to controversy because Northern Ireland is part of the United Kingdom, and a prominent Unionist described the proposed arrangements as "intolerable and preposterous". The nature of identity checks between Northern Ireland and Great Britain was characterised by the British Government as follows:

As far as the land border is concerned, the proposal indicated that the border would be "lightly controlled" and a joint statement in 2008 by both governments confirmed that there are no plans for fixed controls on either side of the border. On 1 April 2009, an amendment moved by Lord Glentoran in the House of Lords defeated the British Government's proposal and preserved the CTA. The relevant clause was re introduced by Home Office minister Phil Woolas in the Public Bill Committee in June, but again removed in July after opposition pressure.

2011 marked the first public agreement between the British and Irish governments concerning the maintenance of the CTA. Officially entitled the "Joint Statement Regarding Co Operation on Measures to Secure the External Common Travel Area Border" it was signed in Dublin on 20 December 2011 by the UK's immigration minister, Damian Green, and the Republic of Ireland's Minister for Justice, Alan Shatter. The two ministers also signed an unpublished memorandum of understanding at the same time. In common with its non published predecessors, the 2011 agreement is nonbinding, with its eighth clause stating that the agreement "is not intended to create legally binding obligations, nor to create or confer any right, privilege or benefit on any person or party, private or public". The agreement commits the two governments to continue their co operation through the CTA, to align their lists of visa free countries, to develop "electronic border management system/s", to engage in data sharing to combat the "abuse" of the CTA, and to work toward a "fully common short stay visit visa".

The UK voted to leave the European Union in a referendum on 23 June 2016 (and ceased to be a member state on 31 January 2020). This withdrawal from the EU makes the Republic of Ireland–United Kingdom border on the island of Ireland an external border of the European Union. However, the Irish and British governments and the President of the European Council have stated that they do not wish for a hard border in Ireland, taking into account the historical and social "sensitivities" that permeate the island. In September 2016 the British Secretary of State for Exiting the European Union, David Davis, stated that the British Government would not seek a return to a "hard border" between the UK and Republic of Ireland. In October 2016, the British and Irish governments considered in outline a plan entailing British immigration controls being applied at the Republic of Ireland's ports and airports after Brexit, so that Britain might control migration by EU citizens (other than Irish nationals) across the open border into the United Kingdom. This would avoid passport checks being required between the Republic of Ireland and Northern Ireland (i. e. the UK). However, this agreement was never finalised and was met by opposition from political parties in the Republic of Ireland. On 23 March 2017, it was confirmed that British immigration officials would not be allowed to use the Republic of Ireland's ports and airports. In June 2017, the British Government's policy paper on the position of EU citizens in the UK stated a desire to "protect the Common Travel Area arrangements", stating that "Irish citizens residing in the UK will not need to apply for 'settled status' to protect their entitlements".

On 8 May 2019, Tánaiste Simon Coveney and British Cabinet Office minister David Lidington signed a memorandum of understanding in an effort to secure the rights of Irish and British citizens post Brexit. The act repeals free movement rights for other EU citizens from 1 January 2021, but makes exceptions for Irish citizens. Guidance from the government also states: "Irish citizens will continue to be able to enter and live in the UK as they do now".

Immigration checks are carried out by the Guernsey Border Agency and the Jersey Customs and Immigration Service on passengers arriving in the Channel Islands only from outside the CTA. The requirement for EU citizens to present passports to enter the Common Travel Area resulted in a drop of day visitors to Jersey in particular, resolved in 2022 when Jersey (with UK approval) permitted French nationals to enter Jersey on day trips using just their national ID card. Guernsey followed suit, permitting French nationals to day trip to Alderney, Sark and Guernsey. This concession is likely to end when the Electronic Travel Authorisation becomes applicable to French citizens.

In 1997, the Republic of Ireland changed its immigration legislation to allow immigration officers to examine (i. e. request identity documents from) travellers arriving in the state by sea or air (from elsewhere in the CTA) and to refuse them permission to land if they are not entitled to enter. Targeted controls are conducted along the land border in what are referred to as "intelligence driven operations". Air passengers arriving at Irish airports from elsewhere in the CTA are no longer channelled separately from those arriving from outside the CTA. In 2012, a pilot project was set up to use civilian staff from the Immigration section of the Irish Naturalisation and Immigration Service (INIS) to work with GNIB staff at immigration control at Dublin Airport. INIS staff would be responsible for performing all "in booth" duties (including examining arriving passengers), but would not take part in any matters related to restraint, detention or arrest.

British visa requirements published in July 2019 allow certain travellers to transit without visa "landside" (i. e. those who need or wish to pass through the British border and enter the UK). They must arrive and depart by air, have a confirmed onward flight that departs before 23:59 the following day, and hold the correct documents for their destination (e. g. a visa for that country if required). Nationals of all countries need a visa to transit landside unless they hold a valid Irish biometric visa, endorsed BC or BC BIVS, and are travelling to the Republic of Ireland. Therefore, a holder of a biometric Irish visa does not require a separate British visa if transiting landside through the British border on their way to Ireland.

The Isle of Man Government reports that "on entry Immigration Control is rarely undertaken in the Isle of Man as there are very few transport services entering the Isle of Man from outside the CTA." As of April 2018 the only regular commercial air service between the Isle of Man and an airport outside the Common Travel Area is Geneva in Switzerland. The Isle of Man is considered a part of the UK for customs purposes, and so there are no routine customs checks on travellers arriving from the UK.

The UK Border Force does not carry out routine immigration checks on travellers (regardless of nationality) arriving in the UK from another part of the CTA. Schedule 7 of the Terrorism Act 2000 provides for similar powers and remains in force. According to the Home Office, with regard to the legal basis for identity screening and immigration checks at airports and sea ports, as carried out on passengers travelling between Northern Ireland and Great Britain, "Immigration Enforcement officers may arrest without warrant anyone they have reasonable grounds to suspect has committed an immigration offence and/or may be liable for removal directions." Section 31.19.3 of the Enforcement Instructions and Guidance (part of the visas and immigration operational guidance), relating to the case law Baljinder Singh v. Hammond, said "Any questioning must be consensual. The paragraph 2 power to examine does not include a power to compel someone to stop or to require someone to comply with that examination. Should a person seek to exercise their right not to answer questions and leave, there is no power to arrest that person purely on suspicion of committing an immigration offence." As in most countries, airlines may require photo identification (e. g. a passport or a driving licence) for internal flights between destinations within the UK. Because of the Northern Ireland Protocol as the result of Brexit, custom checks may be conducted for movement from Great Britain to Northern Ireland.

British and Irish citizens enjoyed the right to live in each other's countries under European Union law, but even after Brexit the provisions that apply to them are generally more far reaching than those that apply to other European Economic Area nationals. as of February 2020, entry to the Common Travel Area by citizens of third countries is controlled by British or by Irish immigration officers according to the point of entry: arrangements after the UK leaves the post Brexit transition period are yet to be determined.

Under Irish law, all British citizensincluding Manx people and Channel Islanders, who were not entitled to take advantage of the European Union's freedom of movement provisionsare exempt from immigration control and immune from deportation. They are entitled to live in the Republic of Ireland without any restrictions or conditions. They have, with limited exceptions, never been treated as foreigners under Irish law, having never been subject to the Aliens Act 1935 or to any orders made under that Act. Before 1949, all Irish citizens were considered under British law to be British subjects. After The Republic of Ireland declared itself a republic in that year, a consequent British law gave Irish citizens a similar status to Commonwealth citizens in the United Kingdom, notwithstanding that they had ceased to be such. Thus, much like British citizens in the Republic of Ireland, Irish citizens in the United Kingdom have never been treated as foreigners. Irish citizens have not, however, like Commonwealth citizens, been subject to immigration control in Britain since the enactment of the Commonwealth Immigrants Act 1962. Unlike Commonwealth citizens, Irish citizens have generally not been subject to entry control in the United Kingdom and, if they move to the UK, are considered to have 'settled status' (a status that goes beyond indefinite leave to remain). They may be subject to deportation from the UK upon the same basis as other European Economic Area nationals. In practice, however, this is extremely difficult and occurs only in exceptional circumstances. In February 2007, the British Government announced that a specially lenient procedure would apply to the deportation of Irish citizens compared to the procedure for other European Economic Area nationals. As a result, Irish nationals are not routinely considered for deportation from the UK when they are released from prison. The Government's approach to the deportation of Irish citizens since 2007 is to only deport Irish citizens where recommended by a court in sentencing or in exceptional circumstances where that deportation is in the public interest.

Nationals of member states of the European Economic Area other than British and Irish nationals have the right to freely enter and reside in the Republic of Ireland under European Union law (and had the same right in the UK while the latter was a member of the EU). They are required to carry a valid travel document, a passport or a national identity card, for entering the CTA and for travelling between Ireland and the UK. But plans for a UK electronic travel authorisation would reduce the right to travel in the Common Travel Area for non Irish EU citizens. This decision was reversed. Those Legally Resident in the Republic of Ireland who would not normally need a UK Visa would be exempt from having to apply for an Electronic Travel Authorisation if they are arriving in Northern Ireland from within the Common Travel Area.

The citizens' rights are very similar to rights as if they were natural citizens of that country, the only real difference being that Irish citizens resident in Great Britain are not granted a British Passport and British citizens resident in Ireland are not granted an Irish Passport.

British or Irish citizens can work in either country, including on a self employed basis, without needing any permission from the authorities.

British or Irish citizens residing or working in the other's state, working in both states or working across the border are subject to only one state's social security legislation at a time. They can access social security benefits and entitlements, including pensions, from whichever state they are subject to the social security legislation of, regardless of where they are living. When working in the CTA, workers pay into the social security scheme of the state where the employer is 'based for tax purposes' (Multinational corporations may have such a base in each state). They are entitled, when in the other state, to the same social security rights, and are subject to the same obligations, as citizens of that state.

British or Irish citizens residing in the other state have the right to access social housing, including supported housing and homeless assistance, on the same basis as citizens of that state. Both Governments have committed to taking steps to ensure that this will continue now that the UK has left the EU.

British or Irish citizens living in the other state are entitled to register to vote with the relevant authorities for local and national parliamentary elections only in that state on the same basis as citizens of that state. Upon reaching voting age, they are entitled to vote in those elections on the same basis as citizens of that state. Both Governments have committed to ensuring that these arrangements will continue now that the UK has left the EU. However, while Irish citizens can vote in UK referendums, UK citizens are not able to vote in Irish referendums, nor in Irish elections for the European Parliament.

In 1985, five member states of the then European Economic Community (EEC) signed the Schengen Agreement on the gradual phasing out of border controls between them. This treaty and the implementation convention of 1990 paved the way for the creation of the Schengen Area which was implemented in 1995, and by 1997 all European Union member states except the United Kingdom and the Republic of Ireland had signed the agreement. The Amsterdam Treaty, drafted that year, incorporated Schengen into EU law while giving the Republic of Ireland and the UK an opt out permitting them to maintain systematic passport and immigration controls at their frontiers. The wording of the treaty makes the Republic of Ireland's opt out from eliminating border controls conditional on the Common Travel Area being maintained. An important reason for the Schengen Agreement was to make daily cross border commuting by workers easier as a part of free movement for workers. The United Kingdom and the Republic of Ireland have a short land border, which is only to part of the UK, making this reason less important to them. The British Government has always refused to lower its border controls as it believes that the island status of the CTA puts the UK in a better position to enforce immigration controls than mainland European countries with "extensive and permeable land borders". While not signing the Schengen Treaty, the Republic of Ireland has always looked more favourably on joining but has not done so in order to maintain the CTA and its open border with Northern Ireland, though in 1997 Ireland amended its Aliens Order to permit identity and immigration controls on arrivals from the United Kingdom.

Most transport operators permit passengers to travel within the Common Travel Area without a passport, although photo ID is required for Irish or British citizens travelling by air, and Ryanair requires all passengers to carry a passport or a national identity card. In 2014, a private member's bill was put before the Oireachtas which proposed to prohibit transport operators from requiring the production of a passport for travel within the Common Travel Area, but it was not passed. The Irish Government in October 2015 started issuing passport cards, which are the same size as national identity cards of other EU countries and are accepted by all transport operators, but the issuing of a passport card requires the holder to already have a conventional passport book.