By Elaine McGee
BBC News NI
A migrant charity has called on the Irish government to review rules around freedom of movement within the Common Travel Area (CTA) for migrants.
UK and Irish citizens can travel freely into each other’s countries under the CTA.
Those rights do not extend to migrants living on both sides of the border even if they hold lawful residency.
The Irish Department of Justice said visa requirements remained “under review”.
The director of programmes at the North West Migrants Forum said the policy was discriminatory.
“The Irish government can and should introduce deemed permission for everyone who lives in Northern Ireland to enable people to travel freely,” said Lilian Seenoi Barr.
“We are resident in this country. People are paying taxes, buying homes, paying rates, but we need to pay for a visa to go to the Republic.
“Sharing an island shouldn’t be selective.”
The Londonderry-based charity is leading a delegation to Dublin on Thursday to challenge the border legislation.
According to the Department of Justice website, an Irish visa can take up to eight weeks to process.
For parents such as Kenneth Chukwunonyerem Odumukwu, the length of time to wait for a visa to be processed is not practical.
It means his sons, who attend primary school in Derry, can’t take part in any cross-border trips.
“It’s painful to me,” he said.
“My sons can’t play at the beaches in Donegal.
“It also means being excluded from school activities for events across the border, if I don’t have the visa for them then they simply can’t go.
“It’s also hard to feel a sense of belonging if you’re excluded from meeting families and friends across the border.”
The Department of Justice states that any non-European Economic Area national must have a valid Irish visa before they seek to enter the Republic of Ireland, including crossing the land border.
Having permission to reside in the UK does not remove this requirement.
The department, along with the Department of the Taoiseach (Irish prime minister) and Department of Foreign Affairs, said it had previously met representatives of the North West Migrants Forum to hear their concerns and a follow-on meeting was being scheduled to further explore their concerns.
Innocent Ike moved to Derry from Nigeria a year ago to take up a postgraduate course in international business at Ulster University.
He told the BBC’s The North West Today he only realised he was not able to cross the border when his brother, who lives a short drive away in County Donegal, invited him to visit.
“I didn’t know about the Common Travel Area when I arrived in Northern Ireland, I had never heard of it before,” he said.
“My student visa does not give me a right to travel over the border and I am fully respectful of that.
“I’m not going to break the law, so I just didn’t go.
“It’s so restrictive. I don’t have any family here besides my wife. It was very hard knowing my brother was so close, but I couldn’t see him.”
‘We always have to be careful’
Aynaz Zarif moved from Iran to Northern Ireland five years ago.
While she loves cycling and hiking at weekends with her husband, she is frustrated that the border legislation restricts their options.
“When we are out cycling – there isn’t always a visible marker for the border so need to check our map to make sure we’re not crossing the border and effectively committing a crime,” she said.
“We always have to be careful.
“I don’t think people are aware this is even happening.”
In a statement to BBC News NI, the Department of Justice said while there were no immediate plans to alter the visa regime it kept the situation under review and it was open to people who regularly crossed the border to seek a five-year multi-entry visa.