Family members of EU/EEA/Swiss citizens seeking to reply on Directive 2004/38/EC (Free Movement Directive) – type of visa for which you should apply

If you are a non-EEA national:

  • who does not hold a document called “Residence card of a family member of a Union citizen” as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, and
  • wishes to accompany or join an EU/EEA/Swiss citizen family member who is moving to or residing in Ireland pursuant to the Directive 2004/38/EC,

You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.

In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application.

If you state that you wish to have your application considered on the basis of the Directive rather than under national law, and your application is refused, you will be offered the opportunity to apply under national law but the normal fee will apply.

Information for Irish Citizens residing in Ireland who wish to have their family members join them is available here.

 

How to apply

You must apply online for a visa.

When you have completed the online application process, you must follow the instructions on the summary application form that is created by the online system. The summary form will contain information on where you are to submit your supporting documentation. The summary form which you must print, sign and date must be submitted with your supporting documentation.

You may be required to provide your Biometric Information as part of the application process.

 

Fees

The visa fee for a short stay single entry visa is €60.

If you are a ‘qualifying family member’ of an EU/EEA /Swiss Citizen you are exempt from the visa fee.

The list of ‘qualifying family members’ is as follows:

  • Spouse
  • Child ( under 21 years)
  • Child (under 21 years) of the spouse
  • Adopted child (subject to adoption papers)
  • Dependent parent
  • Dependent parent of the spouse
  • Other dependent family members in the direct ascending line ( e.g. grandparent) or descending line( e.g. grandchild)
  • Other dependent family members of the spouse in the direct ascending (e.g. grandparent) or descending line ( e.g. grandchild)

You are also exempt from any other administrative fees relating to your application and may lodge your application in person at the relevant Irish Embassy/Consulate/Visa Office. Any postage or courier charges associated with the submission of your application are at your own expense.

If you are a family member other than a ‘qualifying family member’ you are required to pay the visa fee. Such family members are referred to in the relevant Irish statutory provisions as ‘permitted family members’

If you are required to pay the visa fee you may be able to pay the fee in local currency. You may be subject to additional charges relating to the submission of your documents. The website of the Visa Office/Embassy/ Consulate will have details about additional charges and local payment options.

 

How long will it take

Applications from ‘qualifying family members’ (see para. 3 above for list of ‘qualifying family members’) are processed on an accelerated basis.  While every effort is made to process these applications within a reasonable time frame, processing times will vary, having regard to the volume of applications, their complexity and the resources available. 

Applications from ‘permitted family members’ are not subject to the accelerated process. Processing times can vary throughout the year, due to the high volume of applications, their complexity and the resources available. While every effort is made to process them within a reasonable time frame, the processing times can increase when the provision of additional documentation is requested or a detailed assessment is required.

 

Supporting documentation

In order for you to establish that you are a ‘qualifying family member’

or a ‘permitted family member’ you must prove:

  • that there is an EU/EEA/Swiss citizen from whom you can derive rights under the Directive,
  • the existence of the required family relationship to that citizen including where relevant dependency or membership of the household,
  •  that you will be accompanying or joining that citizen who is exercising free movement rights in Ireland or provide a declaration or statement of confirmation that the citizen will be exercising those rights at the time of your arrival in Ireland.

 

The proofs that may be required are:

  • proof of identity e.g. valid passports for the applicant family member and the EU citizen,
  • proof of family link e.g. a valid marriage or birth certificate - this is so that the visa officer can ascertain that the applicant is a family member of the EU citizen,
  • where relevant, proof of dependency or membership of the household,
  • proof that the EU/EEA/Swiss citizen is exercising free movement rights in Ireland e.g. proof that the EU/ EEA/Swiss citizen already resides in the State or a declaration or statement of confirmation that the EU/EEA/Swiss citizen will be exercising those rights at the time of the applicant family member’s arrival in Ireland - this is so that the visa officer can ascertain that the applicant family member will be residing in the State together with the citizen concerned.

 

If you submit a document that is not in English/Irish, it must be accompanied by a full translation. Each translated document must contain:

  • confirmation from the translator that it is an accurate translation of the original document;
  • the date of the translation;
  • the translator’s full name and signature; and
  • the translator’s contact details.

All letters submitted from a business, company or other organisation should be on official headed paper and give full contact details so that they can be verified. These must include a full postal address, name of contact, position in the organisation, telephone number (landline), website, and email address (email addresses such as Yahoo or Hotmail are not accepted)

 

For more information in relation to the processing of visa applications arising from the directive please may refer to the processing guidelines prepared for visa officers which are available here. 

 

Visa Applications on behalf of a child (person under 18)

If a child under the age of 18 is travelling alone their birth certificate must be submitted with their application.

If a child under the age of 18 is travelling either alone or with a person other than their parent/legal guardian (e.g. adult relative), a written letter of consent from both parents/legal guardians is required.

These signed consents must be accompanied by copies of the consenting parent/legal guardians’ passports or national identity cards, which clearly show their signatures.

If the child is travelling with one parent/legal guardian, the consent of the other parent/legal guardian is required. This signed consent must be accompanied by a copy of the consenting parent/legal guardian's passport or national identity card which clearly shows their signature.

Where one parent has sole custody, a Court Order bestowing sole custody of the child on the parent concerned must be submitted.

 

Visa Approval

In the event that your visa application is approved you will be issued with a single journey short stay ‘C’ visa which will permit you to enter and reside in the State for up to 3 months.

In the event that you wish to remain in the State for more than 3 months as a family member of an EU/EEA/Swiss citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen.

If you are granted a short stay ‘C’ visa on the basis of the Directive and are joining an EU/EEA/Swiss citizen who is exercising free movement rights in the State you are advised to ensure that, on arrival in the State, you have proof of the EU/EEA/Swiss citizen’s residence in the State in your possession for production on request to the Immigration Official at the port of entry.

Failure to provide such proof may result in you being refused entry to the State and a visa warning being entered on your passport.

 

If you are granted a short stay ‘C’ visa on the basis of the Directive and accompanying an EU/EEA/Swiss citizen who intends to exercise free movement rights in the State you must, on arrival in the State, be accompanied by the EU/EEA/Swiss citizen.

Failure to be accompanied by the EU/EEA/Swiss citizen may result in you being refused entry to the State and a visa warning being entered on your passport.

 

Return of Documents

All documents accompanying your application must be originals.

You should keep copies of all the documents that you provide.

Original documents such as marriage/birth/death certificates will be returned to you. However, other documents such as bank statements or letters of invitation will not be returned.

If there are particular documents that you wish to have returned, please provide a list of these documents with the application.

 

APPLY NOW

 

 Updated 23/01/2015