Eu Treaty Rights

In this section you can find very detailed and practical guide information about the procedure of applying for EU Treaty Rights. This regulatory was produced in order to facilitate the movement of the EU nationals’ family members in the EU area. Non-EU family members of EU citizens who are traveling with or to join EU family members should be permitted to travel simply on production of a valid residence card in lieu of a visa according to Article 5 of Directive 2004/38.

However, many Member States continue to insist on production of a visa for non-EU family members. This is currently being investigated by the European Commission. Where required, the visa should be granted without delay or charge or formality by the Embassy of the country of destination. EU TREATY RIGHTS Directive 2004/38/EC – was introduced by the EU on 30/4/2004 – Entry in force, and on 29/4/2006 was the deadline for transposition in the member states.

The Union has adopted a Directive on the right of citizens of the Union to move and reside freely within the Member States. If you are non-EEA national and you want to apply for a residence card as the family member of a European Union citizen residing in the State, then you should submit:

Form EU1- Residence Card Please note, this documentation is basic for all application forms. 

Nature of a relationship with an EU citizen:

  • Marriage to the EU citizen, in this case it is necessary to have a civil marriage certificate 
  • Partnerships (even if you are not married) including same-sex, A civil partnership certificate OR Evidence of a durable relationship for the last two years (e.g. evidence of prior cohabitation, evidence of jointly-owned assets, evidence of shared bank accounts or insurance, evidence of travel, birth certificates of any children of the partnership)
  • Child, grandchild or descendent of the EU citizen; Birth certificate(s), written consent from the absent parent/legal guardian permitting the child to reside in the State, if only one parent or legal guardian of the child is to reside in the State with the child, evidence of dependence on the EU citizen (if child is over the age of 21). 
  • Child, grandchild or descendent of the spouse of the EU citizen in this case; Birth certificate(s), a civil marriage certificate for the EU citizen and their spouse, written consent from the absent legal guardian permitting the child to reside in the State, if only one parent or legal guardian of the child is to reside in the State with the child, evidence of dependence on the spouse of the EU citizen (if child is over the age of 21) 
  • Dependent parents, grandparents and relatives in the ascending line of the EU citizen; Birth certificate(s), evidence of dependence on the EU citizen 
  • Dependent parents, grandparents and relatives in the ascending line of the spouse of the EU citizen, Birth certificate(s), a civil marriage certificate for the marriage between the EU citizen and their spouse, evidence of dependence on the spouse of the EU citizen 
  • Other family members: Birth certificates or other evidence of relationship with the EU citizen, Evidence of dependence on the EU citizen, including dependence prior to residing in the State AND/OR evidence of membership of the EU citizen's household prior to residing in the State OR medical evidence, including a medical report from a physician, hospital etc., that you require the personal care of the EU citizen for health reasons. Evidence of current activities of the EU citizen in the State;
    • if the EU citizen is in employment, the following documents should be provided: Current letter from employer setting out terms and conditions of employment OR signed contract of employment, two recent payslips, most recent P60 or Tax Credit Certificate; 
    • if the EU citizen is self-employed, the following documents should be provided: Agreed Tax Assessment from the Revenue Commissioner for the last financial year (if applicable) OR Letter of Registration for Self-Assessment (Income Tax) from the Revenue Commissioner, copies of receipts issued for sales or services in the last six months, bank statements of the business for the last six months, copies of Companies Registration Office certificates (if applicable); 
    • if the EU citizen is studying, the following documents should be provided: Current letter from college/course provider including start date and expected completion date, letter from private medical insurance provider for EU citizen and any dependants, bank statements AND/OR evidence of financial resources;
    • if the EU citizen is involuntarily unemployed, the following documents should be provided: Current letter from Department of Social Protection with details of current benefit claims, current letter from Employment Services Office acknowledging registration as a jobseeker Letter from previous employer outlining circumstances of redundancy, P60s for last 2 years of employment P45 for last employment. 
    • If the EU citizen has sufficient resources the following documents should be provided: Evidence of financial resources. bank statements, current letter from Department of Social Protection with details of any benefit claims, letter from private medical insurance provider for EU citizen and any dependants, evidence of residence of applicant and EU citizen in the State; if renting: letter from landlord/agency or tenancy agreement, letters of Registration of Tenancy from the Private Residential Tenancies Board, utility bills for the applicant and the EU citizen; if home-owning: letter from mortgage provider, local authority or County Counci, copy of title or deeds as applicable, utility bills for the applicant and the EU citizen.

Example:

EU citizen with non-EEA national minor children (including children under the age of 16) has to apply for EU1 as a permission to reside in the State as a family member of an EU citizen.

De-facto partners have to proof:

  1. that they have been living together in a durable relationship which has subsisted for two years or more
  2. that they plan to live together indefinitely
  3. that they are not related by blood such that they would be precluded from marriage
  4. that any previous marriage by either party has permanently broken down.

Form EU2 – Permanent residence Certificate 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 engaged in employment, self-employment, the pursuit of a course of study, involuntary unemployment, or the possession of sufficient resources.

FORM EU3 –PERMANENT RESIDENCE CARD

  • For each non-EEA national applying for a PERMANENT RESIDENCE CARD, having resided in the State for 5 years or more as the family member of a citizen of the European Union, Switzerland or an EEA Member State.

Documentation:

  • Evidence of nature of relationship with EU citizen
  • Evidence of activities in the State for the last 5 years
  • Evidence of retirement, permanent incapacity or
  • Occupational illness of EU citizen (if applicable)
  • Evidence of residence of applicant and EU citizen in the State.

Form EU4 - Request for review of decision for EU1, EU2, EU3 or EU5 applications. If you have been refused for: a residence card (Form EU1), a permanent residence certificate (Form EU2), a permanent residence card (Form EU3) or the retention of a residence card (Form EU5) and you wish to seek a review of that decision.

A request for a review should be made only when you feel that the deciding officer has erred in fact or in law. A request must be done within 15 days of the rejection.

Form EU5 or Retention of a Residence Card

For non-EEA national family members applying to retain a residence card after the divorce or annulment of the marriage to the EU citizen, the death of the EU citizen, or the departure of the EU citizen from the State (1.)

Divorce or annulment of marriage: Three years, including one year in the State, and the EU citizen was exercising their EU Treaty Rights in the State at the time that the decree of divorce or annulment was made. You have custody of the EU citizen's children by agreement between you and the EU citizen, or by court order.

You have the right of access to a minor child, provided that the court has ruled that such access must be in the State, and for as long as is required. The retention of such right of residence is warranted by particularly difficult circumstances, such as the applicant having been a victim of domestic violence while the marriage was subsisting (2.)

Death of the EU citizen: You must have resided in the State with the EU citizen for at least one year prior to the death of the EU citizen; you must be employed or self-employed in the State or possess sufficient resources to support yourself and any dependants or if the EU citizen’s children are resident in the State you will be entitled to reside in the State until the completion of the course of study. (3.) Departure of the EU citizen from the State

  • If his or her children are resident in the State and are enrolled in an educational establishment in the State for the principal purpose of following a course of study there, then the children and the parent who has actual custody of the children will be entitled to reside in the State until the completion of the course of study.

Curiosity:

  • Duration of the procedure: 6 months
  • Applications cannot be prioritised, they are analysed in chronological order
  • All documents have to be originals, so if you need your passport for travelling you need to enclose a written request with your application or send EU Treaty Rights Section, Irish Naturalisation & Immigration Service, 13-14 Burgh Quay, Dublin 2.
  • Status of your application: you can email the section at eutreatyrights@justice.ie, quoting your Application ID number and your INIS Person ID or contact your solicitor or legal adviser
  • You cannot apply for two different applications at the same time.

The last but not the least: please analyse visa decisions of INIS to see how you can avoid visa refusal, when your plans would have to be postponed, if they are related to Ireland