EU Treaty Rights

Frequently Asked Questions about applying under for EU Treaty Rights

  1. What application form should I use?
  2. How long does it take for my decision to be made? 
  3. I want to get my passport / documents back
  4. Can my case be prioritised? 
  5. How can I find out the status of my application?
  6. Where do I send my completed application to? 
  7. What happens now in view of the European Court of Justice Judgment of 25 July 2008 in the case of Metock and others(C-127/08) if my application for a residence card(EU FAM) as a non EEA family member(permitted or qualifying) of an EU citizen had previously been refused in the period 28 April 2006 to 25 July 2008?
  8. I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?


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Q.1  What application form should I use?

A 

  • Form EU1 is to be completed by each non-EEA national applying for a residence card as the family member of a European Union citizen residing in the State.
  • Form EU2 is to be completed by an EU citizen who wishes to apply for a permanent residence certificate, having resided in the State for a period of five years or more while exercising their rights under the Regulations.
  • Form EU3 is to be completed by each non-EEA national applying for a permanent residence card having resided in the State for a continuous period of five years or more as the family member of a European Union citizen.
  • Form EU4 should be completed if you have received a decision to refuse your application for a residence card (Form EU1), permanent residence certificate (Form EU2) or permanent residence card (Form EU3) and you wish to seek a review of that decision.

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Q.2  How long does it take for my decision to be made?

A Due to the heavy volume of applications it can take  up to 6 months. When a decision has been reached the section will be in contact with you. A letter with your decision & any original documents on file will be sent out to you by registered post.

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Q.3   I want to get my passport / documents back

A Documents will normally be returned by Registered Post within one month of receipt, however, it may occasionally be necessary to retain some documents until such time as the application is finalised. Please note that any documents submitted may be subject to verification. If you require a passport or national identity card to be returned for the purpose of travelling, please enclose a written request with your application, or send same to: EU Treaty Rights Section, Irish Naturalisation & Immigration Service, 13-14 Burgh Quay, Dublin 2.

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Q.4  Can my case be prioritised?

A  No. Applications are dealt with in chronological order of receipt.

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Q.5  How can I find out the status of my application?

A  To request an update on your application you can email the section at eutreatyrights@justice.ie. Please quote your Department reference number in all communications with our office.

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Q.6  Where do I send my completed application to?

A
EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2

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Q.7  What happens now in view of the European Court of Justice Judgment of 25 July 2008 in the case of Metock and others (C—127/08) if my application for a residence card as a non-EEA family member of an EU citizen had previously been refused in the period 28 April 2006 to 25 July 2008?

A 

i.        The European Court of Justice delivered its judgement on 25 July 2008 in the case of "Metock and others" (C—127/08).  The decision means that the requirement for prior lawful residence in another Member State by non EEA family members (permitted or qualifying) of an EU citizen is not compatible with Directive 2004/38/EC.

ii.       Regulation 3(2) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 was amended on 31 July 2008 by S.I. No. 310 of 2008,  European Communities (Free Movement of Persons) (Amendment) Regulations 2008.

iii.     Following this, a review took place of all applications refused under Regulation 3(2) between 28 April 2006 and 25 July 2008. The review was completed during 2009.

iv.   Any queries in relation to this review can be directed by email to EUTreatyRights@justice.ie or by post to the EU Treaty Rights Section at

EU Treaty Rights Section
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

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Q.8  I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?

   A  The Directive applies to all Union citizens 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. (Article 3 of Directive 2004/38/EC)
If, as an Irish national, you have exercised your EU Treaty Rights in another Member State with your family member and have now returned to Ireland you may apply.

Evidence of having exercised your EU Treaty Rights in the other Member State in respect of you and your family member must be submitted with the application along with all other relevant documentation.

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EU Treaty Rights Section
Irish Naturalisation & Immigration Service

September 2010