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 foundáunderáEU Treaty Rights FAQ.

Change to required documents policy

From 16 April 2014, documents required to support an EU Treaty Rights application are categorised as follows:á

  1. Original Documents:áCertain specified documents (including passports and marriage certificates) will continue to be required as original documents. These documents will now be individually noted as original in the explanatory leaflets and in any request letters issued by this office.
  2. Photocopies:áAll other documents should now be submitted as photocopies only. Originals should not be submitted for these documents.

Please note:

  • Original documents which have been requested will be returned automatically by Registered Post once the documents have been processed.
  • Original documents which have not been requested will not be automatically returned.

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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.

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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.

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Notice on Retention of Rights cases

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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.

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Application Formsá

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SupplementaryáFormsá

  • EUTR Annex Aá This document is a pdfá- For additional details of previous addresses in the State (for Form EU2 or form EU3)á
  • EUTR Annex Bá This document is a pdfá- For additional details of previous activites in the State (for Form EU2 or Form EU3)á

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Explanatory Leafletsá

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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 toáeutreatyrights@justice.ieáor post enquiries to the above address.

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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 2006 and 2008 (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.

April 2014