Frequently Asked Questions about applying under for EU Treaty Rights

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  1. What application form should I use?
  2. How long does it take for my decision to be made?á
  3. When can I get my passport / other documents back?
  4. Can I get permission to remain while my application is being processed?
  5. Can my case be prioritised?
  6. How can I find out the status of my application?
  7. I made my application through a solicitor, can you give me an update?
  8. Where do I send my completed application to?
  9. Can I still apply if I’m not married to my EU citizen de-factoápartner?
  10. Can I apply on the basis of being in a recognised civil partnership with an EU citizen?
  11. Do I need to make applications for my children as well?
  12. I have an Irish citizen child – can I apply for EU Treaty Rights?
  13. I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?
  14. My EU1 Residence Card is going to expire soon, what should I do?
  15. When should I apply for an EU3 Permanent Residence Card?
  16. What happens if my circumstances change after my my EU1 Residence Card is granted?
  17. When should I apply for Retention of a Residence Card (Form EU5)?
  18. Can I apply for Retention of a Residence Card (Form EU5) and a Permanent Residence Card (Form EU3) at the same time?
  19. Who can I talk to if I’m not happy with a decision?

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Q.1áWhat application form should I use?

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  • 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 continuous period of five years or more in compliance with the Regulations.
  • Form EU3 is to be completed by each non-EEA national applying for a permanent residence card as the family member of a European Union citizen, having resided together in the State in compliance with the Regulations for a continuous period of five years or more.
  • 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.
  • Form EU5 should be completed by the holder of an EU1 Residence Card seeking to retain their residence rights in the event that the EU citizen has died or departed from the State, or in the event of divorce or annulment of marriage to the EU citizen.

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

AáDue to the high volume of applications, it can takeáup to 6 months for a decision to be made. A letter will be issued by the section to inform you of the decision.

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Q.3á When can I get my passport / other documents back?

A Original documents will normally be returned by Registered Post within one month of receipt, however, it may occasionally be necessary to retain some original 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.4áCan I get permission to remain while my application is being processed?

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AáSubject to consideration of your initial application and the documents received, you may be provided with an immigration stamp in your passport which is valid for the period of the application process only, i.e. a maximum of 6 months. Where insufficient documents have been received with the initial application, this temporary permission may not be issued until required documents have been received.

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Q.5áCan my case be prioritised?

AáApplications are generally processed in chronological order of receipt - individual cases cannot be prioritised.

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Q.6áHow can I find out the status of my application?

Aá To request an update on your application you canáemail the section atá
eutreatyrights@justice.ie, quoting your Application ID number and your INIS Person ID.

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Q.7áI made my application through a solicitor, can you give me an update?

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AáIf your application was made through a solicitor or legal representative,áyou should contact them to find out the status of your application.

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Q.8áWhere do I send my completed application to?

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


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Q.9áCan I still apply if I’m not married to my EU citizen de-facto partner?

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AáAs the de-facto partner of an EU citizen, you may apply for an EU1 Residence Card as a permitted family member of an EU citizen. However, for a successful application the following conditions must normally be satisfied:

  • The parties have been living together in a durable relationship which has subsisted for two years or more
  • The parties intend to live together indefinitely
  • The parties are not related by blood such that they would be precluded from marriage
  • Any previous marriage by either party has permanently broken down

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Q.10 Can I apply on the basis of being in a recognised civil partnership with an EU citizen?

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AáYes – applications made on the basis of a registered and recognised civil partnership with an EU citizen, including foreign civil marriages which are recognised as civil partnerships by the State, are the same as applications made of the basis of a recognised civil marriage.

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Q.11áDo I need to make applications for my children as well?

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AáWhere an EU citizen with non-EEA national minor children (including children under the age of 16) intends residing in the State with the children for longer than 3 months, an application on Form EU1 should be submitted on behalf of each child for permission to reside in the State as a family member of an EU citizen.

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Q.12áI have an Irish citizen child – can I apply for EU Treaty Rights?

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AáApplications for residence on the basis of an Irish citizen child should be made to the Repatriation Division. More information can be found here.

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Q.13áI am an Irish National. Can my non EEA family members apply for EU Treaty Rights?

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AáThe 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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Q.14áMy EU1 Residence Card is going to expire soon, what should I do?

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AáTo ensure no discontinuity in your residence permission, you should make an application for a Permanent Residence Card (Form EU3) six months before the expiry of your EU1 Residence Card.

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Q.15 When should I apply for an EU3 Permanent Residence Card?

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A If you are the holder of an EU1 Residence Card you will be eligible for a Permanent Residence Card if and when you have resided in the State in conformity with the Regulations for a continuous period of five years. As applications for a Permanent Residence Card can take up to six months to process, you should make an application for a Permanent Residence Card on Form EU3 six months before the expiry of your EU1 Residence Card.

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Q.16áWhat happens if my circumstances change after my EU1 Residence Card is granted?

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AáIf you have previously been granted an EU1 Residence Card but your circumstances have since changed such that (a) the EU citizen has died or departed from the State, or (b) your marriage to the EU citizen has been dissolved through divorce or annulment, your Residence Card may no longer be valid. In order to establish if your Residence Card is still valid, you must make an application on Form EU5.

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Q.17áWhen should I apply for Retention of a Residence Card (Form EU5)?

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AáIf you are the holder of a Residence Card, you should submit an application under Form EU5 for Retention of a Residence Card if your circumstances have changed such that (a) the EU citizen has died or departed from the State, or (b) your marriage to the EU citizen has been dissolved through divorce or annulment. You cannot apply on the basis of the dissolution of the marriage if divorce proceedings have not been concluded and a decree of divorce issued.

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Q.18áCan I apply for Retention of a Residence Card (Form EU5) and a Permanent Residence Card (Form EU3) at the same time?

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AáNo – your application for Retention of a Residence Card (Form EU5) must be finalised and approved before you can apply for a Permanent Residence Card (Form EU3).

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Q.19 Who can I talk to if I’m not happy with a decision?

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A The EU-wide SOLVIT service is available to you. Please seeáhttp://ec.europa.eu/solvit/ for details.

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EU Treaty Rights Section
Irish Naturalisation & Immigration Service

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April 2014