EU Treaty Rights

Notice 1 | UK Withdrawal from the EU – Information for UK Nationals and their Non-EEA family members living in Ireland

19 November 2020

Brexit will come fully into effect on 31 December 2020, when the UK leaves the EU after the end of the transition period. If you are a UK national living in Ireland, or a family member of a UK National living here with them, this information will help you to understand what it means for you. Read the full details of this notice here...

 

Notice 2 | EU Treaty Rights and Domestic Residence applications - COVID-19 Update

15 April 2020 (updated 30 October 2020)

As part of combined efforts to adhere to the Government’s strategy to slow down the spread of the COVID-19 virus and to ensure customer safety, we have taken the decision, as a temporary measure between now and Monday 30th November 2020, to allow EU Treaty Rights and Domestic residence applications to be submitted by email together with scanned copies of supporting documentation.  EU Treaty Rights Division will require the original application to be submitted by post in due course.

(Important - For legal representatives who are submitting applications or other documentation by email, a form of authority should also be included as appropriate).

More information on the application process can be found here: http://www.inis.gov.ie/en/INIS/Pages/EUTreatyRightsFAQs

The current situation will be kept under regular review and the most up-to-date information can be found on our website.

A detailed FAQ document has issued and will be updated from time to time. Please refer to this document before contacting the EU Treaty Rights Division at this time. You can find it here.

You should check the website regularly for updates.

If you have reviewed the FAQs and if your query is still urgent and relates to an EU Treaty Rights application or permission, you can continue to email us at the address – eutreatyrights@justice.ie

The information contained in this page is intended to assist applicants in their dealings with EU Treaty Rights Unit, Residence Division. 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.

The latest COVID-19 related infomation regarding EU Treaty Rights application processing updates can be found on the COVID-19 Updates and Announcements web page. Please pay particular attention to the notice published 15th April 2020.

 

Application processing | October 2019

EU Treaty Rights Division are experiencing delays due to the large number of applications and reviews on hand.

A decision will be made on your application as soon as possible. It can take up to 6 weeks to acknowledge your applications and grant temporary permission, if you are a person who is entitled to temporary permission while your application is ongoing.

As every case is different, application processing times can vary. For example, a complex application may take more time to process than a more simple application.

The documents that you submit in support of your application will be attached to your file.  Please do not submit an incomplete application form and/or without relevant supporting documents as it may not be processed.

If you are resident in the Dublin area and have never previously registered any type of permission in the State, you will need to attend in person with your Union citizen family member to register this permission.  You must contact the Registration Office by email at burghquayregoffice@justice.ie and request an appointment.  Attendance is by appointment only.  You must take the letter issued to you by EU Treaty Rights Division granting you permission to remain with you to your appointment


If you were previously registered in the State with a different type of permission, you can apply to register this permission using the online registration system at https://inisonline.jahs.ie.  Both you and your Union citizen family member may be requested to present in person to complete the registration process.  The Registration Office will be in contact with you in this regard.  You should not submit registration documents by post to EU Treaty Rights Division – they should be submitted by registered post to the address advised on the online renewal site.

If you live outside Dublin and wish to register your permission to remain, you can apply to register this permission at your local GNIB Registration Office, which is listed in the letter from EU Treaty Rights Division. Attendance is by appointment only.  Therefore, you should contact your local GNIB Registration Office by email in advance of attendance to request an appointment (the relevant contact details can be found on the by clicking on the following link: https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/reopening-of-registration-offices.html  You must show your permission letter at the local GNIB Registration Office, and the EEA national named in your application may be required to attend with you.

If you were issued with a temporary permission while your application is being processed and need to extend it, you need to write to EU Treaty Rights Division at the address below or submit your request by email to eutreatyrights@justice.ie. You need to include the Person ID number and the Application Reference, which you will find on all letters sent to you from EU Treaty Rights Division. Temporary permission will only be given to applicants who meet the criteria outlined in the European Community (Free Movement of Persons) Regulations 2015.

Please do not contact EU Treaty Rights Division unless absolutely necessary to allow us to devote the maximum time to the processing of applications and reviews.

In the event that you require an immediate response, please submit your query in writing, quoting your person ID and/or application ID to:

EU Treaty Rights Division
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2
D02 XK70.

 

Applications based on Irish nationals are not accepted by EU Treaty Rights Unit

Please note that we cannot accept applications under EU Treaty Rights provisions from non-EEA family members of Irish nationals. Directive 2004/38/EC on the right of citizens of the EU and their family members to move and reside freely within the territory of the Member States applies only to Union citizens who move to or reside in a Member State other than that of which they are a national.

Exceptions to this apply only in cases where the non-EEA national family member has previously held a residence card of a family member of a Union citizen which has been issued by another Member State under Article 10 of the Directive.

 

Applications for children under the age of 16

Please note that EU Treaty Rights applications should be made for each and any non-EEA national child residing in the State as the family member of a Union citizen, including children under the age of 16.

 

Applying for an EU3 Permanent Residence Card

As applications may take up to six months to process, applicants are advised to make their EU3 Permanent Residence Card applications 6 months before their Residence Card expires.

 

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

A new application form, EUTR1A, was launched in November 2020.  Applications can be submitted on the previous form, Form EU1A up to 20th November 2020.  Applications received after that date on Form EU1A will not be processed and will be returned to the applicant.

A new application form, EUTR2, was launched in November 2020.  Applications can be submitted on the previous form, Form EU2 up to 20th November 2020.  Applications received after that date on Form EU2 will not be processed and will be returned to the applicant.

 

Supplementary Forms

  • Annex A  This document is a pdf For details of additional addresses 
  • Annex B  This document is a pdf For details of additional activities
  • Annex C  This document is a pdf For details of additional persons and children

 

Explanatory Leaflets

Completed application forms should be sent by registered post to:

EU Treaty Rights Division
Immigration Service Delivery
Department of Justice
13/14 Burgh Quay
Dublin 2
D02 XK70

 

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 2015 (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.

 

Last amended:19 November 2020