Explanatory note

Spain and Portugal become members of the European Community on 1st January 1986 by virtue of the Treaty of Accession of 12th June 1985 between Member States of the Community, the Kingdom of Spain and the Portuguese Republic (Cmnd. 9634). From that date Spanish and Portuguese nationals will enjoy in the United Kingdom rights of establishment, including the right to take up self-employment, and rights to provide services for remuneration. However, by virtue of Articles 56 and 215 respectively of the Treaty of Accession, existing restrictions on the freedom of movement of Spanish and Portuguese nationals to take up employment in other Member States may be maintained until 31st December 1992.

During this interim period existing immigration controls will be maintained in respect of Spanish and Portuguese workers seeking to enter the United Kingdom directly. This Order amends the Immigration (Control of Entry through Republic of Ireland) Order 1972 so as to provide that Spanish and Portuguese workers seeking to enter the United Kingdom via the Republic of Ireland (which is part of the common travel area for the purposes of the Immigration Act 1971) are prohibited from taking up employment during the interim period.