EU Treaty Rights
This information is intended to assist applicants in their dealings with EU Treaty Rights Unit, Residence Division. As such it does not constitute legal advice and is intended for guidance purposes only.
Frequently Asked Questions about EU Treaty Rights can be found under EU Treaty Rights FAQ.
Important Notice - July 2016
Due to the large volume of applications, EU Treaty Rights Unit is currently experiencing delays.
While every effort is made to issue a decision on your application as soon as possible current processing times are approximately 10 months from date of receipt of application.
Acknowledgement of receipt of applications and the grant of temporary permission pending a decision on the application can take up to 12 weeks or more.
Processing times will vary having regard to the complexity of the application and the possible need for EU Treaty Rights Unit to seek further information. Documentation submitted in support of your application will be attached to your file for consideration.
Persons may seek to extend their temporary permission to reside in the State (i.e. the permission that was granted by an official of EU Treaty Rights Unit pending a decision on their application). Persons should contact their local Registration Office who may extend the permission while the application is being processed by EU Treaty Rights Unit.
Extension of temporary permission by Immigration Officers will only be considered where the applicant has been deemed by EU Treaty Rights Unit to be a Qualifying Family Member or Permitted Family Member as provided in the Regulations.
Please do not contact EU Treaty Rights Unit unless absolutely necessary to allow us to devote the maximum time to the processing of applications.
In the event that you require an immediate response please submit your query in writing to:EU Treaty Rights Applications Unit
Irish Naturalisation and Immigration Service
Department of Justice and Equality
13/14 Burgh Quay
New Regulations come into effect on 1st February 2016
The European Communities (Free Movement of Persons) Regulations 2015 commence on 1st February 2016. The Regulations can be downloaded here.
Applications for a Residence Card from the spouse, children/grandchildren or dependent parents/grandparents of an EU citizen continue to be made on Form EU1 – Application for a residence card for a qualifying family member of a Union citizen.
From 01/02/2016, applications for a Residence Card for a de facto partner or any other family member of a Union citizen must be made on Form EU1A – Application for a residence card for a permitted family member of a Union citizen.
New EU Treaty Rights application forms will be available on this page from 01/02/2016.
NOTICE 23/10/2015: Change to required documents policy
From 9th November 2015, original documents are no longer required to be submitted with EU Treaty Rights applications. From this date, original documents including passports and marriage certificates should not be submitted except when they are explicitly requested.
- Colour photocopies of passports should be submitted and include all pages of the passport including blank pages
- Colour photocopies of marriage certificates and birth certificates should be submitted and include any Apostilles or legalisation stamps. Copies of translations of documents should also be supplied where appropriate
- All other documents submitted as photocopies are not required to be in colour unless requested.
- Photocopied pages of multiple-page documents should be stapled together.
- Any original documents submitted with applications received after 09/11/2015 will not be automatically returned.
Applications based on Irish nationals are not accepted by EU Treaty Rights Unit
Please note that we cannot accept applications under EU Treaty Rights provisions from non-EEA family members of Irish nationals. Directive 2004/38/EC on the right of citizens of the EU and their family members to move and reside freely within the territory of the Member States applies only to Union citizens who move to or reside in a Member State other than that of which they are a national.
Exceptions to this apply only in cases where the non-EEA national family member has previously held a residence card of a family member of a Union citizen which has been issued by another Member State under Article 10 of the Directive.
Applications for children under the age of 16
Please note that EU Treaty Rights applications should be made for each and any non-EEA national child residing in the State as the family member of a Union citizen, including children under the age of 16.
Applying for an EU3 Permanent Residence Card
As applications may take up to six months to process, applicants are advised to make their EU3 Permanent Residence Card applications 6 months before their Residence Card expires.
Notice on Retention of Rights cases
An application for an EU3 Permanent Residence Card which is made on the basis of retained rights will not be accepted unless the non-EEA national applicant has already been approved for the retention of their Residence Card on an individual basis. An Application for the Retention of a Residence Card can be made on Form EU5 (below). Retention of a Residence Card is required where the EU citizen of whom the non-EEA national is a family member has died or departed from the State, or in the event of the divorce or annulment of marriage between the non-EEA national and the EU citizen.
Form EU1 Application for a Residence Card - For non-EEA national who is the qualifying family member of an EU citizen.
Form EU1A Application for a Residence Card - For non-EEA national who is the permitted family member of an EU citizen.
Form EU2 Application for a Permanent Residence Certificate - For EU citizen resident in Ireland for more than 5 years.
Form EU3 Application for a Permanent Residence Card - For non-EEA family member resident in Ireland with EU citizen for more than 5 years.
Form EU4 Request for a review of a decision - for an EU1, EU1A, EU2, EU3 or EU5 applicant who is seeking a review of their application decision.
Form EU5 Application for Retention of a Residence Card - for an EU1 Residence Card holder seeking to retain permission after divorce/annulment or the death or departure of the EU citizen.
EUTR Annex A - For additional details of previous addresses in the State (for Form EU2 or form EU3)
EUTR Annex B - For additional details of previous activites in the State (for Form EU2 or Form EU3)
- Form EU1 Explanatory Leaflet
- Form EU1a Explanatory Leaflet
- Form EU2 Explanatory Leaflet
- Form EU3 Explanatory Leaflet
- Form EU4 Explanatory Leaflet
- Form EU5 Explanatory Leaflet
Completed application forms should be sent by registered post to:EU Treaty Rights Unit
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
If you have any questions about the forms you can e-mail your enquiry to firstname.lastname@example.org or post enquiries to the above address.
Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive") is given effect in Ireland by the European Communities (Free Movement of Persons) Regulations 2015 (the "Regulations").
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.
08 July 2016