EU Treaty Rights

This information is intended to assist applicants in their dealings with EU Treaty Rights Section. 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.

 

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.

Please note:

  • 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.

 

Application Forms 

 

Supplementary Forms 

  • EUTR Annex A  This document is a pdf - For additional details of previous addresses in the State (for Form EU2 or form EU3) 
  • EUTR Annex B  This document is a pdf - For additional details of previous activites in the State (for Form EU2 or Form EU3) 

 

Explanatory Leaflets 

 

Completed application forms should be sent by registered post to:

EU Treaty Rights Unit
Residence Division
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

If you have any questions about the forms you can e-mail your enquiry to eutreatyrights@justice.ie or post enquiries to the above address.

 

Legislation

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.

January 2016