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S.I. No. 345/2011 - Immigration Act 2004 (Visas) (No. 2) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 17 of the Immigration Act 2004 (No. 1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), hereby order as follows:

1. (1) This Order may be cited as the Immigration Act 2004 (Visas) (No. 2) Order 2011.

(2) This Order comes into operation on 1 July 2011.

2. In this Order—

“Convention travel document” means a travel document issued in accordance with Article 28 of the Geneva Convention;

“Directive of 2004” means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States1 ;

“family members” has the meaning assigned to it by the Regulations of 2006;

“Geneva Convention” has the meaning assigned to it by the Refugee Act 1996 (No. 17 of 1996);

“leave to enter the United Kingdom” means leave to enter the United Kingdom as a general visitor, child visitor, business visitor, sports visitor or academic visitor, within the meaning given to those terms in Part 2 of the United Kingdom Immigration Rules, that is granted by the competent authorities of the United Kingdom;

“leave to remain in the United Kingdom” means leave to remain in the United Kingdom as a general visitor, child visitor, business visitor, sports visitor or academic visitor, within the meaning given to those terms in Part 2 of the United Kingdom Immigration Rules, that is granted by the competent authorities of the United Kingdom to a person to whom leave to enter the United Kingdom was granted;

“permanent residence card” has the meaning assigned to it by the Regulations of 2006;

“residence card” has the meaning assigned to it by the Regulations of 2006;

“Regulations of 2006” means the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 );

“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;

“United Kingdom Immigration Rules” means the rules laid down under, and laid before the Parliament of the United Kingdom pursuant to section 3(2) of, an Act of that Parliament entitled the Immigration Act 1971, which rules are in effect in the United Kingdom on the date of the coming into operation of this Order;

“United Kingdom visitor” means a person—

(a) to whom leave to enter the United Kingdom has been granted,

(b) who has entered the United Kingdom pursuant to the leave referred to in paragraph (a), and

(c) whose leave referred to in paragraph (a) remains valid, or to whom leave to remain in the United Kingdom has been granted, which leave remains valid.

3. It is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(a) nationals of a state or territorial entity specified in Schedule 1;

(b) non-nationals who are holders of-

(i) a valid Convention travel document issued by Belgium, Czech Republic, Denmark, Finland, Germany, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden or Switzerland and where the intended purpose of the travel to the State by the holder of such a travel document is solely for a visit of up to a maximum period of 3 months,

(ii) a valid permanent residence card, or

(iii) a valid residence card;

(c) non-nationals who are family members of a Union citizen and holders of a document called “Residence card of a family member of a Union citizen”, as referred to in Article 10 of the Directive of 2004;

(d) until 31 October 2012, United Kingdom visitors who are nationals of a state or territorial entity specified in Schedule 2 and where the intended purpose of the travel to the State by the United Kingdom visitor concerned is solely for a visit of the shorter of the following periods—

(i)90 days or less, or

(ii) the remaining period of validity of that person’s leave to enter the United Kingdom, or, as the case may be, leave to remain in the United Kingdom.

4. It is hereby declared that non-nationals who are nationals of a state or territorial entity specified in Schedule 3 are specified as a class the members of which are required to be in possession of a valid Irish transit visa when arriving at a port in the State for purposes of passing through the port in order to travel to another state.

5. The Immigration Act 2004 (Visas) Order 2011 ( S.I. No. 146 of 2011 ) is revoked.

SCHEDULE 1

Andorra

Guatemala

Poland

Antigua and Barbuda

Guyana

Portugal

Argentina

Honduras

Romania

Australia

Austria

Bahamas

Barbados

Hong Kong (Special Administrative Region) Hungary

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Belgium

Iceland

Samoa

Belize

Israel

San Marino

Bolivia

Italy

Seychelles

Botswana

Japan

Singapore

Brazil

Kiribati

Slovak Republic

Brunei

Latvia

Slovenia

Bulgaria

Lesotho

Solomon Islands

Canada

Liechtenstein

South Africa

Chile

Lithuania

South Korea

Costa Rica

Luxembourg

Spain

Croatia

Cyprus

Czech Republic

Denmark

Macau (Special Administrative Region) Malawi

Swaziland

Sweden

Switzerland

Taiwan

Dominica

Malaysia

Tonga

El Salvador

Maldives

Trinidad and Tobago

Estonia

Malta

Tuvalu

FijiFinland

Mexico Monaco

United Kingdom and Colonies

France

Nauru

United States of America

Germany

Netherlands

Uruguay

Greece

New Zealand

Vanuatu

Grenada

Nicaragua

Vatican City

Norway

Venezuela

Panama

Paraguay

SCHEDULE 2

Bahrain

Oman

Turkey

Belarus India

People’s Republic of China

Ukraine

United Arab Emirates

Kazakhstan

Qatar

Uzbekistan

Kuwait

Russian Federation

Montenegro

Saudi Arabia

Serbia

SCHEDULE 3

Afghanistan

Ghana

Nigeria

Albania

Iran

Serbia

Cuba

Iraq

Somalia

Democratic Republic of the Congo

Lebanon

Moldova

Sri Lanka

Zimbabwe

Eritrea

Montenegro

Ethiopia

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GIVEN under my Official Seal,

28 June 2011.

ALAN SHATTER,

Minister for Justice and Equality.

1 Official Journal L 158, 30.4.2004, p. 77–123