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.
EU Treaty Rights 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
- Form EU1 Application for a Residence Card
- For non-EEA national who is the 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, EU2 or EU3 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.
Supplementary Forms
- 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)
Explanatory Leaflets
Completed application forms should be sent by registered post to:
EU Treaty Rights Section
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 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.