In This Section
What is EU Treaty Rights?
EU Treaty Rights allow freedom of movement within other member states of the European Union (EU).
It means EU citizens and their family members may visit, enter or live in another EU country if they meet certain legal conditions. It also means being treated the same as citizens of that country in terms of:
Access to employment, working conditions and taxation
Access to training and trade unions
Access to education for yourself and your children.
Who does it apply to?
EU Citizens
Freedom of movement in Ireland applies to anyone from the European Union (EU), which is made up of 27 countries, the European Economic Area (EEA), and Switzerland.
If you have been issued with a ‘residence card of a family member of a union citizen’ by another Member State, you cannot rely on this for your long-term stay in Ireland. Your residence card must be issued by the Irish immigration authorities.
Qualifying Family Members
Qualifying family members may be:
The spouse or civil partner of the EU, EEA or Swiss citizen
Direct descendants of the EU, EEA or Swiss citizen or direct descendants of the EU, EEA or Swiss citizen’s spouse or civil partner. These include children or grandchildren up to 21 years of age
Dependent direct descendants of the EU, EEA or Swiss citizen or dependent direct descendants of the EU, EEA or Swiss citizen’s spouse or civil partner. These include children or grandchildren aged 21 years or more
Dependent direct relatives in the ascending line of the EU, EEA or Swiss citizen or the EU, EEA, Swiss Citizen’s spouse or civil partner.
Permitted Family Members
Permitted family members may be:
The de facto partner of the EU, EEA or Swiss citizen. A ‘de facto’ relationship means you and your partner are committed to a shared life together, i.e. as if you were married. A de facto relationship should meet the following criteria:
- Both partners have been living together in a durable relationship which has existed for a substantial period of time
- Both partners intend to live together indefinitely
- Neither partner is related to the other by blood
- Neither partner is in a relationship with another person.
Members of the EU, EEA or Swiss citizen’s family who were:
- Dependent on the EU, EEA or Swiss citizen while in the country from which they came, or
- Members of the EU, EEA or Swiss citizen’s household while in the country from which they came, or
- Persons who strictly need the personal care of EU, EEA or Swiss citizen on the basis of serious health grounds.
The Minister will assess your application and may decide to treat you as a permitted family member. If the Minister decides to treat you as a permitted family member, you may be given a temporary immigration permission stamp to remain in Ireland while your application is being processed.
If you have not provided sufficient documents with your application, you may not be given a temporary immigration permission stamp.
Irish citizens
Generally, EU Treaty Rights do not apply to Irish citizens or their family members. These rights are for EEA nationals who move to or live in a member state other than their own, and for their family members who accompany or join them in that state (as per Article 3 of Directive 2004/38/EC).
However, exceptions may apply in certain situations, such as:
If your non-EEA family member previously held a “residence card of a family member of a Union citizen” issued by another member state under Article 10 of the Directive, and you both have since moved to Ireland
If you, as an Irish citizen, exercised your free movement rights in another member state before returning to Ireland, and your non-EEA family member, who lived with you in that state, accompanies you back.
Am I eligible to apply as the family member of an EU/EEA or Swiss citizen?
What is the criteria to apply?
Eligibility will depend on:
Your relationship to an EEA national. This means showing that you are their spouse, civil partner, de facto partner, parent, grandparent, child, grandchild or other close family member
How long your EU national Family member has lived here. To stay longer than three months in Ireland you must be exercising a Treaty right in Ireland. This means your EU national Family member should either be using their right to work, be self-employed, study (qualifying family member only) or be self-sufficient.
In country applications
You must be in the State to apply for EU Treaty Rights. You cannot apply for permission under EU Treaty Rights from outside of the country you are applying for permission from.
What type of application should I make?
You must apply for to be assessed as a Permitted Family Member if you intend to stay in Ireland more than three months after you first arrive here.
To be eligible to apply to be assessed as a permitted family member, both you and your EU, EEA or Swiss family member must be living in Ireland.
- Your EU, EEA or Swiss family member must be exercising their free movement rights in Ireland. This means that they are either employed, self-employed, or living in Ireland with sufficient resources.
To apply to be assessed as a Permitted Family Member:
You must apply for a Residence Card if you intend to stay in Ireland for more than three months after you first arrive here.
To be eligible to apply for a Residence Card as a qualifying family member both you and your EU, EEA or Swiss family member must be living in Ireland.
- Your EU, EEA or Swiss family member must be exercising their free movement rights in Ireland. This means that they are either employed, self-employed, pursuing a course of study or living in Ireland with sufficient resources.
To apply for a Residence Card:
Depending on your circumstances, you may be given a temporary immigration permission stamp to remain in Ireland while your application is being processed.
If your application is successful, you will receive a Residence Card valid for up to five years. If you intend to reside in Ireland for less than five years, we may issue a Residence Card for the length of time that you plan to reside here.
NOTE: You must be in Ireland to apply for any Treaty Rights residence cards. You cannot apply for one before coming to the country.
You are eligible to apply for a Permanent Residence Card if:
- You are the holder of a current Residence Card
- You have lived in Ireland for more than five continuous years as the family member of an EU, EEA or Swiss Citizen national
- Your application for retention of right of residence has been approved
- You have complied with all regulations while you have lived here.
The Permanent Residence Card is valid for ten years. It allows you to work or operate a business in the State.
To apply for a Permanent Residence Card:
- Use Form EUTR3. We recommend you do this six months before the expiry date on your current Residence Card. This is to make sure there are no gaps in your residence permission
- Read Explanatory leaflet for Form EUTR3 before completing and sending us your application
- Use Form Annex A if you need additional space for previous residential addresses over the past five years
- Use Form Annex B if you need additional space for details of work or study activities over the past five years.
If you are an EU, EEA or Swiss citizen living in Ireland, you may be eligible to apply for a Permanent Residence Certificate. You must meet the following conditions:
- You have lived in Ireland for a continuous period of five years or more
- You have complied with all regulations during your time here
The Permanent Residence Certificate is valid for ten years.
To apply for a Permanent Residence Certificate:
- Use Form EUTR2
- Read Explanatory leaflet for Form EUTR2 before completing and sending us your application
- Use Form Annex A if you need additional space for previous residential addresses over the past five years
- Use Form Annex B if you need additional space for details of work or study activities over the past five years
- Use Form Annex C to record details of your spouse, civil partner, child or carer as required
Your residency or relationship circumstances might change. If this happens, you are required to inform this Office of any change, as you may still be eligible to retain your right to residence in the State. This change in circumstances may include:
- You get divorced, or your marriage is annulled or dissolved from an EU, EEA or Swiss citizen. You cannot apply to retain your right to reside in the State (Residence Card) if divorce, annulment or dissolution proceedings have not been finalised
- Your EU, EEA or Swiss citizen family member has died
- Your EU, EEA or Swiss citizen family member has left the country and you have custody of a child of your EU, EEA or Swiss citizen family member under the age of 18 or who is in full time education.
To apply or retain your right to reside in the State:
There are a number of situations in which you can apply for a review of a decision relating to your residency application:
- If your application for a Residence Card/Document or Permanent Residence Card/Document has been refused
- If your application to be treated as a permitted family member of an EU, EEA or Swiss citizen has been refused
- If your application for a Permanent Residence Certificate has been refused
- If your application for retention of your right to reside in the State has been refused or not accepted
- If your Residence Card/Document has been revoked and you believe that the deciding officer made an error in fact or in law.
To apply for a review of your case:
- Use Form EUTR4. This should be done within 15 working days of receiving your decision letter. Further information will be provided on the decision letter sent to you
- Read Explanatory leaflet for Form EUTR4 before completing and sending us your request for review.
In June 2016, the UK voted to leave the EU. A Withdrawal Agreement between the UK and EU came into force in February 2020. This Agreement had the force of law in Ireland and provided for a transition period up to 31 December 2020.
The UK is no longer part of the EU. However, UK citizens have the right to live and work freely in Ireland. This is allowed under the Common Travel Area (CTA) agreement between Ireland and the UK. Under the CTA, UK citizens also have the right to travel freely between the two countries. If a UK citizen was resident in Ireland prior to the Withdrawal Agreement, their non-EEA family members may qualify for a permission.
Non-EEA family members of British citizens who lived in Ireland before 31 December 2020
The Irish Government put arrangements in place for people from outside the EU, EEA or Switzerland who were a family member of a UK citizen. They also applied to a dependent of a UK citizen. In both cases, the family member of the UK citizen concerned held a valid Irish Resident Permit (IRP) card.
The arrangements were:
- All non-EU, EEA or Switzerland family members of a UK citizen held the same residence permissions as before. This means you could still live, work or study in Ireland
- To qualify, you must have lived here at the end of the transition period of 31 December 2020 and continued to do so and at that time, held a valid permission under EU Treaty Rights
- You simply replaced your current valid IRP card online for a new one stating that you benefited from the Withdrawal Agreement.
The deadline for exchanging your IRP was 30 June 2022.
Non-EEA family members of British citizens who came to Ireland after 31 December 2020 but whose British citizen family member lived in Ireland before 31 December 2020
The Irish Government also put arrangements in place for people from outside the EU, EEA or Switzerland who travelled to Ireland after 31 December 2020 to join their UK citizen family member. These arrangements also apply to a dependent of a UK citizen. In both cases, the UK citizen must have been living in Ireland before 31 December 2020 and must continue to do so.
The arrangements were:
- Non-EU, EEA or Switzerland family members of a UK citizen may apply to EU Treaty Rights Division for a residence document on Form EUTR1A (permitted family member) or EUTR1 (qualifying family member)
- To qualify, you must have been a family member of the UK citizen before the end of the transition period of 31 December 2020 unless you are a minor child of the UK citizen and the UK citizen must have lived in Ireland before 31 December 2020 and must continue to do so
- The UK citizen must be exercising their rights in Ireland. This means that they are either employed, self-employed, pursuing a course of study (qualifying family member only) or living in Ireland with sufficient resources
- If your application is successful, you will be given Withdrawal Agreement Beneficiary status in Ireland. This means you can live, work or study in Ireland.
For more information about these arrangements click here.
British citizens who wish to live in Ireland from 1 January 2021 and their non-EU, EEA or Swiss citizen family members who are joining them
New arrangements were put in place for non-EU, EEA or Swiss citizens to join their UK citizen family member living in Ireland, where the UK citizen comes to live in Ireland from 1 January 2021 or where the non-EU, EEA or Swiss citizens became a family member of the UK citizen after 31 December 2020. These arrangements are not dealt with by the EU Treaty Rights Division.
For more information about these arrangements click here.
Additional points to note when submitting your application
- When submitting documents, please provide photocopies only. Ensure that all pages of your passport, including blank ones, are submitted as colour photocopies. If original documents are needed, EU Treaty Rights Division will contact you directly to request them
- Non-EEA national minor children, including those under the age of 16, who intend to live in the State with their EEA family member for more than three months, must have a completed application form submitted on their behalf.
Completed applications and supporting documents should be sent to:
EU Treaty Rights Division
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2, D02 XK70
What happens next?
It can take up to six months to receive a decision on your application.
For updates on your application please register for or log into your Customer Service account.
Please do not submit an email unless absolutely necessary to allow us to devote the maximum time to the processing of applications and reviews.
Please note: Short trips outside the State will not affect your application. For extended periods of travel, notify the EU Treaty Rights Division of the destination, duration, and purpose before you leave. They will inform you of any potential issues that may arise or that may affect your application.
If your application is successful
Your application for a Residence Card or Permanent Residence Card as a family member of an EU, EEA or Swiss citizen may be successful. If so, the following steps will happen:
- 1
You will receive an approval letter from the EU Treaty Rights Division. This will contain details of your permission to reside in Ireland.
- 2
You must then
register your permission at the Registration Office in Burgh Quay, Dublin. You should do this straight away to avoid any gaps in your permission.
- 3
Unless your permission letter states otherwise, your EEA national family member must accompany you to the registration office. They must bring a valid passport or national identity card when you attend.
- 4
You must bring your approval letter and a passport that has been issued to you by an authority recognised by the Irish government.
- 5
If you live in the Republic of Ireland, then you should attend the Burgh Quay registration office. Attendance is by appointment only.
Please note: If you have been granted a residence card, temporary absences from the State of up to 6 months within a 12-month period do not affect its validity. However, if you plan to leave the State for more than one month, you should contact the EU Treaty Rights Division and your local registration office. They will inform you of any potential issues that could affect the validity of your residence card.
If your application is unsuccessful
Your application for a Residence Card or Permanent Residence Card as a family member of an EU, EEA or Swiss citizen may be unsuccessful.
If so, you have the option to apply for a review.
There are a number of situations in which you can apply for a review of a decision made in concerning your residency application or status:
If your application for a Residence Card or Document has been refused
If your application for a Permanent Residence Card, Document or Certificate has been refused
If your application to be treated as a permitted family member of an EU, EEA or Swiss citizen has been refused
If your Residence Card has been revoked and you believe that the deciding officer made an error in fact or in law
Who else can I contact if I am unhappy or unclear about a decision on my application?
The EU-wide SOLVIT service is available to you.
SOLVIT is a service that deals with problems related to the application of Union law by an EU country. There is a SOLVIT centre in every EU country. If you have a concern, you can contact the EU country of your family member who will try to resolve the issue with the other EU country concerned, in this case Ireland. Going through SOLVIT might solve the problem. If a problem is not resolved satisfactorily, you can still lodge a formal complaint with the European Commission.
Relevant links
Certified translation of public documents
Any State issued official documents, such as Birth Certificates, Marriage Certificates, Death Certificates, Divorce Certificates that were issued by a State within the EEA or Switzerland do not require to be attested as genuine from Member States. A translation of these documents is not required where a multilingual standard form (MSF) is also provided. Such MSF forms are available from Member States on request. If an MSF is not provided by you then those documents are required to be translated into English or Irish, if necessary in order that they can be accepted as evidence in support of your application.
Further details on multilingual documents can be found via the following link: https://e-justice.europa.eu/551/EN/public_documents
EU Treaty Rights Division Privacy Notice
The EU Treaty Rights Division within the Immigration Service of the Department of Justice may collect your personal data. The purpose for which this personal data may be collected is to assess your entitlement or continued entitlement to residence or permanent residence in the State.
The Data Controller for the personal data you provide is the Department of Justice.
Our legal basis for collecting and processing this data is in accordance with Section 8 of the Immigration Act 2003 and to fulfil the function of the Minister for Justice in relation to asylum, immigration (including visas) and citizenship matters as designated in the Ministers and Secretaries Act 1924 (as amended).
Please see the EU Treaty Rights Division privacy notice for further details.
Application forms
You may find the following links to Application Forms, Explanatory Leaflets to help you with your application and Annex Forms useful.
Application forms
Explanatory leaflets
Annex forms
Further information
You may find the following links and sources of information useful in helping you and your family to exercise your EU Treaty Rights.
EU laws that apply to living in Ireland
The main EU and Irish national laws covering your right to live in Ireland are:
EU Laws
Directive 2004/38/EC. This is a directive on the right of EU citizens and their family members to move and reside freely within the EU. It was published in 2004.
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2019/C 384 I/01. This Agreement sets out the arrangements for the withdrawal of the UK from the European Union as well as its impact on UK citizens and their family members.
Irish Regulations
European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015). This legislation puts Directive 2004/38/EC in motion.
European Communities (Free Movement of Persons) (Amendment) Regulations 2021 (S.I. No. 445 of 2021). This legislation puts Directive 2004/38/EC in motion and should be read together with the Irish Regulations of 2015.
The Directive and Regulations apply to citizens of the EU, EEA and Switzerland who move to Ireland. They also apply to family members who accompany or join them.
European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 (S.I. No 728 of 2020). The Withdrawal Agreement between the UK and EU which came into force in February 2020. This Agreement had the force of law in Ireland and provided for a transition period up to 31 December 2020. These Regulations put the effects of the Withdrawal Agreement in motion in Ireland in relation to residence in the State after 31 December 2020.
