Life can be full of unexpected twists and turns. If you are a family member of an EU citizen living in Ireland and your circumstances have changed, you might feel uncertain about your future. So what are your EU Treaty rights?
What Are EU Treaty Rights?
EU Treaty Rights allow EU citizens to live, work, or study in another EU country and bring or be joined by their non-EU family members. These rights stem from Directive 2004/38/EC, which allows EEA nationals (citizens of EU countries, Norway, Lichtenstein, Iceland and Switzerland) to move freely within the European Economic Area (EEA) and Switzerland. In Ireland, the Directive is transposed into national law by the European Communities (Free Movement of Persons) Regulations 2015
To live in another EU country, an EU citizen must:
- Be employed or self-employed.
- Be financially self-sufficient, with enough resources to support themselves and their family members without relying on state assistance, and have comprehensive health insurance.
- Be enrolled in an accredited or state-funded educational program with comprehensive health insurance and adequate financial means to avoid burdening public services.
These conditions reflect the concept of an EU citizen exercising their EU Treaty rights.
Who is a Family Member Under EU Treaty Rights?
If your family member is an EU citizen, you may have the right to live and work in Ireland under their status.
To be considered a family member of an EU citizen, you must fall into either of the following categories:
Qualifying Family Members: Immediate family members of the EU citizen, including:
- Spouses or civil partners
- Children under 21 or dependent children
- Dependent parents
- Dependant grandparents
Qualifying Family Members who intend to live in Ireland with an EU citizen must apply for a residence card using Form EUTR1. Usually, they will receive a temporary residence permit while their application is processed.
Permitted Family Members: This category includes individuals who have a close relationship with the EU citizen but do not fall into the “qualified” category, such as:
- De facto (unmarried) partners
- Household members of the EU citizen
- Family members who are financially dependent on the EU citizen
- Family members with serious health issues requiring the EU citizen’s care
Permitted Family Members who wish to live in Ireland with an EU citizen must apply for residence permission using Form EUTR1A. Unlike Qualified Family Members, they are not automatically granted temporary residency while their application is being processed. This can make their case somewhat more complex, and applicants may benefit from expert advice from an experienced immigration solicitor to help guide them through the process.
Do Family Members Need a Visa Before Coming to Ireland?
Non-EU family members have two options when relocating to Ireland: they can arrive with the EU citizen or join them later. If they need a visa to enter Ireland, they must apply in advance; this application is free and should be processed under a fast-track system.
Whether you need a visa or not will depend on the country you are from. If you are not required to have a visa, you can enter Ireland without prior approval. However, when you arrive in Ireland, you must apply for a residence card or residence permission, depending on whether you are a Qualified Family Member or a Permitted Family Member.
Usually, after 5 years residing in the State as the family member of an EU citizen, you may wish to embark on either or both of the following applications:
- Applying for Permanent Residence (EU Treaty Rights Route): If you have lived in Ireland for five years under EU Treaty Rights, you can apply for a Permanent Residence Card using Form EUTR3. If you are granted permanent residency pursuant to Directive 2004/38/EC and the transposing Regulations, you are permitted to reside in Ireland indefinitely without relying on your EU family member’s status.
- Applying for Irish Citizenship: If you have lived in Ireland legally for five years out of the last nine years, including at least one year of continuous residency in the year preceding your application, you could be eligible to apply for citizenship via an application for naturalisation.
What happens to your Stamp 4EUFAM residency when circumstances change?
If your circumstances change while you are living in Ireland with your EU citizen family member, your residency could be affected. Perhaps your family member is changing jobs, their sponsorship has ended, or you may have separated or divorced. A change in circumstances could affect your permission to remain in Ireland.
If your circumstances change, it is important to assess whether these changes could affect your permission to reside in Ireland. You must inform the Minister for Justice if there has been a change in your circumstances which could affect your immigration permission.
Applications for retention of a residence card are made on Form EUTR 5.
We recommend that you discuss the situation with an experienced immigration solicitor.
Expert Immigration Solicitors for Family Members of EU Citizens
Navigating residency applications or changes in your circumstances can feel challenging, but you don’t have to go through it alone. Our experienced team of immigration solicitors has helped many family members of EU citizens successfully secure their residency, permanent residency, or citizenship in Ireland. No matter how complex your case may seem, we provide expert guidance and personalised support to help you find the best path forward. With the right advice, you can approach the process with confidence. Book a call with a member of our immigration team now—we’re here to make your journey as smooth and stress-free as possible.
FAQs on EU Treaty Rights
Can I stay in Ireland if my EU family member leaves the country?
If your EU family member leaves Ireland, you can apply to retain your residence under certain conditions. To qualify, you must have legal custody of minor children enrolled in an educational program in Ireland. In this case, you and your children can remain in the country until they complete their studies as long as you can demonstrate custody arrangements.
Will divorce affect my residency in Ireland?
If you divorce your EU spouse, you may still apply to retain your residence permission in Ireland, provided the marriage lasted at least three years, with at least one year spent in Ireland immediately prior to the initiation of divorce proceedings. Also, it is important that the EU citizen was residing in and exercising their rights in Ireland pursuant to the Directive at the time of the divorce. You must also not become a burden on the state.
As regards the divorce, it must be legally recognised in Ireland.
Can I keep my residence status on the death of my EU citizen family member?
If your EU family member dies, you may still be able to retain your residency in Ireland. If the EU citizen had a right to reside in Ireland at the time of their death, then their family member may retain their right of residence if they had been residing in the State as a family member of the EU citizen for at least one year before the death.
What happens if my application for residency is refused?
If your application for residency is denied, you can request a review of the decision. You must file the review within 15 working days of receiving the refusal. The review process helps ensure that your case is re-evaluated, and you can submit additional evidence or clarify details to improve your chances of approval. The support of an experienced immigration solicitor can strengthen your case, while helping to guide you through the process.
What Documents Do I Need for a Residency?
Document requirements vary depending on your situation, but common documents needed include:
- Proof of your relationship with the EU citizen (e.g., marriage certificate, proof of cohabitation)
- Evidence that your EU family member is exercising their Treaty Rights (e.g., employment contract, financial statements)
- Proof of residence in Ireland (e.g., utility bills, rental agreements)
- Proof of your nationality (e.g., passport from your country of origin)
It can be helpful to discuss your situation with an immigration expert to ensure you understand the requirements and to help you complete your application.
