Abbey Blue
Paris famous landmarks collage

EU Treaty Rights

Ireland is a Member State of the European Union (EU) and as such, it offers freedom of movement to nationals of the European Economic Area (EEA) and certain family members.

The relevant EU legislation in this regard is the ‘Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38/EC), which was published in 2004.

The Irish legislation which gives effect to this Directive is the European Communities (Free Movement of Persons) Regulations 2015’ (S.I. No. 548 of 2015).

The Directive and the Regulations apply to citizens of the European Union, citizens of EEA member states, and citizens of Switzerland who move to or reside in a Member State other than that of which they are a national and to their family members who accompany or join them.

If you are an EEA national living in Ireland, then you may have the right to bring family members to live with you here, even if they themselves are not EEA nationals.

If you are not an EEA national, but you live in Ireland with your EEA national family member, then you may be eligible to apply for a residence card as a family member of an EEA national. If your application is approved, you will be given a residence card that will allow you to live in the State for a period of up to five years and to work or do business in the State.

To apply for a residence card as a family member of an EEA national, you must be either a qualifying family member of an EEA national or deemed a permitted family member of an EEA national.

You cannot use a ‘residence card of a family member of a union citizen that has been issued by another member state to authorise your long-term stay in Ireland. Your residence card must be issued by the Irish authorities.

 

A qualifying family member of an EEA national

Qualifying family members of an EEA national residing in the State are:

  • Spouse or civil partner of the EEA national; or
  • Direct descendants of the EEA national or of the spouse or civil partner of the EEA national, such as children (up to 21 years of age) and grandchildren; or
  • Dependent direct relatives in the ascending line of the EEA national, such as parents or grandparents.
 

To apply for a residence card as a qualifying family member, both you and your EEA national family member must be living in Ireland. Your EEA national family member must be exercising their free movement rights in Ireland. They must be either employed, self-employed, pursuing a course of study or living in the State with sufficient resources.

 

If you are a qualifying family member and wish to apply for a residence card, then you should complete Form EU1. You may be given temporary immigration permission to remain in the State while your application is under consideration.

 

Permitted family member of an EEA national

Permitted family members of an EEA national residing in the State are:

  • The de-facto partner of the EEA national; or
  • Members of the family of an EEA national who are not qualifying family members and who, in the country from which they have come, were
  • Dependent on the EEA national; or
  • Members of the household of the EEA national; or
  • Persons who need the personal care of the EEA national on the basis of serious health grounds.
 

To obtain a residence card as a permitted family member, both you and your EEA national family member must be living in Ireland, and your EEA national family member must be exercising their free movement rights in the State. They must be either employed, self-employed, or living with sufficient resources.

Abbey Blue Legal LTD has over twenty years of experience helping people immigrate to countries all over the world. Whether you wish to visit, work, study, or do business in Ireland, our specialist team of immigration experts can help you with one-to-one advice, information, and representation when applying for your Irish visa or permit.

Translate with Google Translate »