EU Treaty Rights in Ireland

The Directive 2004/38/EC and EC Regulation 2015 provide a specific process for granting visas and European Family Residence Cards to family members of EU citizens. Visas for both permitted or qualifying family members are issued at no cost through an “accelerated procedure.” Family members who fall under the scope of the Directive and Regulations are issued a residency card proving their right to live and earn an income in the country for a maximum of five years. The Minister has six months to approve or deny Visa.

Those who successfully get visas or EU Fam Residence cards must register with the GNIB. At the same time, failed applicants have the right to appeal the decision using the review mechanism outlined in the Regulations and Directive.

After five years, EEA citizens and their relatives who have lived in the country without breaking any rules in the Directive and Regulations can claim permanent residency. If you do so, you will be issued a Permanent Residence Card.

Additionally, suppose your circumstance changes due to divorce, separation, or death of the EU national during the five years of residence before you can claim permanent Irish citizenship. In that case, This is referred to as a “retention application.”

Yes, through EU Treaty rights, your non-EEA family can join you in Ireland too. Your rights to reside in Ireland as an EEA citizen extends to your family members who are not EU/EEA or Swiss nationals, too.

However, the non-EEA family member will need to apply for a residence on arrival, register, and get an Irish Residence Permit. Oh, and depending on their nationality, they may also be required to obtain an entry visa before they travel here. Of course, people in this group can either be qualified or permitted.

A family member who does not belong to the EEA but holds a residence permit from another Switzerland or another EU/EEA country doesn’t need to apply for an entry visa. It is important to remember when staying in a country other than your own, this form of residency card is usually issued to a family member.

If you are unsure what kind of residency card someone in your family holds, you should contact your home country’s immigration office.

Every application for an Irish residence card must be accompanied by supporting documents as evidence of the applicant’s relation with the EEA national.

Additionally, documentation proving that the qualifying citizen is using their right to free movement will be required. Family members who are not EU/EEA or Swiss nationals must also apply for an Irish Residence Permit (IRP) from the country’s immigration office. No fees will be charged to the family of an EEA national.

The following forms are required of family members who are not from EU/EEA or Switzerland:

• Form EUTR1: Qualifying family members who are not from EU, EEEA, or Switzerland
• Form EUTR1A: Permitted family members who are not from EU, EEEA, or Switzerland

A de facto partner is someone with whom an EU citizen has had a long-term relationship for at least two years. According to the previous statements, these people are in the “permitted” group. They can apply for an accelerated visa and residence card if they are nationals of an EEA country. Otherwise, they must apply for a residence permit upon arrival, complete Form EUTR1A, and obtain an Irish Residence Permit:

The following criteria are used to classify a person as a de facto partner:

• Two years or more of sustained relationship
• There’s no blood relation between the parties, and
• They intend to stay together indefinitely
• The parties’ previous civil partnerships or marriages have ended permanently

In some cases, relatives of EEA citizens are required to apply for permission to reside in Ireland once they arrive in the country. If you are granted permission, you will need to apply for an Irish residence permit. The period to register the permission is 90 days.

• In Dublin, you can register at the Burgh Quay Registration Office.
• You must apply at the nearest Garda District Headquarters or regional registration office if you live outside Dublin. Usually, appointments are done online

But don’t worry if you can’t schedule an appointment within this time frame – they won’t revoke your permission or deport you while you’re trying to register. However, registration is how the government keeps track of who has been granted permission to remain in the country, so make an effort to complete it.

People who need an Irish Residence Permit (IRP) are:

• Foreign nationals who are not citizens of Switzerland or an EU, or EEA country
• Their stay in Ireland will exceed 90 days; and
• They are at least 16 years old. Younger visitors do not have to register when they arrive. However, as soon as you turn 16, you will have to register.

If your registration is successful, an Irish Residence Permit (IRP) will be sent to you by post indicating what type of activities you are permitted.

When you arrive at the registration desk, be prepared to show your passport, health insurance documents, and proof that you have enough money to support yourself.

Additionally, depending on the purpose of your visit, you should include any necessary documents, such as original Employment Permit, Working Holiday Authorization, etc.

There are also cases where INIS sends people letters with registration instructions, usually seen in family reunification cases. if so, make sure you carry all the documents listed in the letter to the registration office

If you have an Ireland Student Visa, you must bring these documents with you when you register:

• Original acceptance letter from the institution you are going to attend
• Proof of school fees payment
• If you have a scholarship, please provide proof
• Evidence of private health insurance if you have this type of medical insurance cover
• Evidence of adequate financial resources (if you plan to stay over six months, you will need €3,000; that’s €500 per month)

The list above is not comprehensive; it’s always wise to carefully read and follow your letter’s directions. Plus, if you are unsure about anything, you can always contact INIS and inquire what documents are required. Generally, if you are applying for an Irish residence permit pursuant to EU Treaty Rights, you will not need to pay any fees.

The Irish Residence Permit (IRP) is a credit-card-sized plastic card that contains a little overview of who you are: these include:

• Your name
• Your photo
• Your birth date
• Your registration number
• A concise summary of your immigration authorization, including a stamped number
• A microchip bearing your photo, personal information, and fingerprints
• Several stamps

The different stamps indicate the activities you are permitted while in Ireland, e.g., studying, investing, or working. Keep in mind that:

• IRP cards are different from Visas which are temporary travel authorization documents
• An IRP card cannot serve as an ID card; however, it still helps prove you are legally in the country. I keep your IRP card with you all the time so you can show it to authorities if they demand it.
• In no way does the IRP grant you any new privileges or rights.

Suppose you have previously been granted a EUTR1 or EUTR1A Residence Card, and your circumstances have changed significantly. In that case, you may need to make a new application for residency to continue staying in Ireland. This includes if:

• The EU or Swiss citizen has died
• An annulment or dissolution of marriage or civil partnership with the EU national has taken place
• The EU/EEA or Swiss citizen departs Ireland, leaving children in your care

In this case, you should submit a completed Form EU5, asking to maintain your residence despite the circumstances.

If you and your family have lived in Ireland lawfully for five years or more, you qualify for permanent residence. There are various forms for different people to fill out.

• For family members who are citizens of EEA member states, you must complete form EUTR2.
• If a non-EEA citizen wishes to become a permanent Irish resident based on their relationship with a family member from the EU, the form they will need to fill out EU3

Of course, your continuous residence will not be affected if you take any of the following temporary leaves.

• A yearly absence of fewer than six months
• A 12-month absence due to pregnancy, childbirth, work, vocational training, serious illness, or a job posting to another country by your Irish employer.
• Absences due to mandatory military service

An application for residency can take up to six months to process and a decision to be rendered.

Summary Of Forms Required for EU Treaty Rights

If EU nationals want to take advantage of their EU Treaty Rights to stay, study or work in Ireland, they do not need to fill out any forms. Families of EU citizens who do not belong to the EEA, on the other hand, will. In addition, while applying for Irish permanent residency, both EU nationals and their relatives will be required to fill out application forms.

Here is the breakdown of the various application forms (we’ve already mentioned all of them in the previous sections, so this is just a summary)

• Application Form EUTR1: Qualifying family members who are non-EEA nationals must request an IRP using this form
• Application Form EUTR1A: Permitted family members who are non-EEA nationals can use this form to request an IRP. De facto partners who are not EEA nationals fall into this category.
• Application Form EUTR2: EU nationals who have resided in Ireland for at least five years following the Directive and Regulations can use this form to request permanent Irish residence
• Application Form EU3: Family members who are non-EEA and have been in Ireland for at least five years can use this form to request permanent residence
• Application Form EU4: you complete this form to request for a review of your request for an Irish Residence Permit, or permanent residence has been denied
• Application Form EU5: If you want to retain your IRP even after divorce or separation from the qualifying family member. You can also use it to request an extension to your residence status after the death of the qualifying family member.

Note: forms EUTR1 and EUTR1A were previously referred to as forms EU1 and EU1A up until November of 2020.

If you want to exercise your EEA Treaty Rights to study in Ireland, you must be:

• Enrolled in a college that has been approved by the Irish government
• Financially well-off to support yourself without being a burden to the Irish social welfare system
• Have full health insurance

When your studies end, your right to live in Ireland ends. However, if you got a job or have enough resources, you can use them as a legal basis to request residence.

If the family lived in Ireland before December 31, 2020, they could continue living, studying, or working but have to get a new IRP. They can apply for a new IRP online. Of course, as non-EEA, they won’t be allowed to move freely to any other EU country.

On the other hand, a non-EEA family who didn’t reside in Ireland before December 31, 2020, will need Visa or preclearance and a sponsor who is from the UK and residing or intending to reside in Ireland and must meet the following criteria:

• They must be financially well-off, too: Their three most recent years’ gross earnings must be greater than what the Working Family Payment amounts should be for your family size
• If the sponsor is your spouse/partner, they are required not to have sponsored anyone else to come to Ireland for the seven years preceding your EU treaty rights application
• Their criminal record in Ireland may be examined too

Family members of UK citizens who wish to join them in Ireland must complete an online form. Pay €60 and send in their application with supporting documents.