EU Treaty Rights

Frequently Asked Questions about Applying for EU Treaty Rights

  1. I wish to apply for EU Treaty Rights but don't know what form to fill out?
  2. Where can I download the application form from?
  3. What documents do I need to supply with the application form? 
  4. Do I have to submit my original documents or can I send in copies of them?
  5. How long does it take for my decision to be made? 
  6. I want to get my passport / documents back
  7. Can my case be prioritised? 
  8. How can I find out the status of my application?
  9. Where do I send my completed application to? 
  10. If my permission to remain expires before I get my decision, what can I do?
  11. 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?
  12. What should I do if my circumstances change?
  13. Can I enter employment while my application is pending?
  14. I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?

  1. Q  I wish to apply for EU Treaty Rights but don't know what form to fill out?

    A -    There are three forms for EU Treaty Rights
    • EU1 FORM – This form is to be filled up by each family member of a European Union, EEA or Swiss citizen who is not a national of an EU Member State and who intends to be resident in Ireland for more than 3 months.
    • EU2 FORM—This form is to be filled out by a European Citizen who has been resident in the Irish State for more than five years.
    • EU3 FORM—This form is to be completed by each family member of a European Union citizen who is not a national of a Member State and who has been resident in the State for more than 5 years.
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  2. Q  Where can I download the application form from?

    A The forms are available here.

    Form EU 1 - Application for a Residence Card 
    Form EU 2 - Application for a Permanent Residence Certificate 
    Form EU 3 - Application for Permanant Residence Card 

    You can find the application forms again by going to the website of the Irish Naturalisation & Immigration Service- INIS.  www.inis.gov.ie and proceeding as follows:
    • Immigration
    • Residency
    • Dependents of an EEA National
    • EU1 Form, EU2 Form, EU3 Form

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  3. Q What documents do I need to supply with the application form?

    A  Please refer to the information found at Documentation to support an EU Treaty Rights application.

     

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  4. Q Do I have to submit my original documents or can I send in copies of them?

    A You have to submit the originals but once we receive them they will be sent back out to you by registered post. This may take up to one month.

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  5. Q 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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  6. Q   I want to get my passport / documents back

    A Once we receive a new application with original documents enclosed, we check , copy and return the documents immediately.

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  7. Q Can my case be prioritised?

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

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

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

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  9. Q  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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  10. Q  If my permission to remain expires before I get my decision, what can I do?

    A All applicants are in the State as application pending. You can attend your local Immigration Registration Office and you may be registered at the discretion of the Immigration Officer.

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  11. Q   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?

    A  
    1. 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.
    2. 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.
    3. A review will take place of all applications  by qualified/permitted  non EEA  family members of EU Citizens where the refusal decision dated between 28 April 2006 to 25 July 2008.  The applications will be reviewed under the terms of the relevant European Directive (2004/38/EC) and INIS will be in contact with all affected applicants concerned in due course.
    4. All affected applicants are asked to advise INIS in writing if their address or circumstances have changed since their original application. All such communications in these matters should be addressed in writing ONLY (e-mail is not acceptable for this process) and sent via REGISTERED POST ONLY to the EU Treaty Rights Unit, P.O. Box 10003, Dublin 2 and clearly marked REVIEW- ECJ and their Application Number
    5. Any non-EEA national who is a non EEA (permitted or qualifying)  family member of an EU citizen but who is
      • (a) the subject of an Irish deportation order, removal order or transfer order
        or
      • (b) has received a notice of intention to deport is invited to write to the:

        EU Treaty Rights Unit,
        P.O. Box 10003,
        Dublin 2

        detailing their circumstances. A review of the case will be undertaken under the terms of the Directive.  Where the person is found to qualify for EU free movement rights to reside in Ireland the deportation order, removal order or transfer order will be revoked or the notice of intention to deport will be rescinded.
    6. It is envisaged that the review process will take 3 to 4 months to complete starting from 31July 2008.
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  12. Q What should I do if my circumstances change?

    A If your circumstances change, such as a change of address or a change in family status, you must inform INIS in writing immediately. All such communications in these matters should be addressed in writing ONLY (e- mail is not acceptable for this process) and sent via REGISTERED POST ONLY to:
    EU Treaty Rights Section
    Irish Naturalisation & immigration Service
    13/14 Burgh Quay,
    Dublin 2
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  13. Q Can I enter employment while my application is pending?

    A If you have an application pending, you and your EU national family member can bring your:
    • EU Treaty Rights application acknowledgment,
    • Passport,
    • Passport/ID of your EU national family member,
    • Evidence of your relationship with your EU national family member

    to your local Immigration Officer who may provide you with a 'Stamp 4' endorsement in your passport that is valid strictly for the period of your application, i.e. 6 months maximum.
    This would enable you to enter employment for this period. Please note, receipt of a 'Stamp 4' for this period is not an acknowledgment of having EU Treaty Rights.This will be determined in due course when your application will be either approved or refused.

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  14. Q 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 the Irish State 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 and Immigration Service-INIS
August 2008

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