EU Treaty Rights
EU Treaty Rights enable non-EEA family members to accompany EU citizens to Ireland. This includes spouses, civil partners, children other dependents.
If you want expert legal advice regarding your EU Treaty Rights, contact us at RNL Solicitors. We deal with all legal queries relating to EU Treaty Rights, including visas, residence cards, reviews and retention applications.
Call us on 01 901 1355, email info@rnlsolicitors.ie or fill in the Free Online Enquiry Form. You can also request a call back and we will contact you at a convenient time.
We can be contacted outside of Irish office working hours and can communicate with you via phone, email and WhatsApp.
What are EU Treaty Rights?
Citizens of the EEA and Switzerland benefit from freedom of movement between member states. As an EEA/Swiss citizen, you are permitted to move to Ireland for more than three months for the purposes of:
- Work
- Self-employment
- Study
- Any other legal reason provided you have the resources to support yourself
Under EU Treaty Rights, your family members are allowed to accompany you. This means that if you have a non-EEA spouse, civil partner, child or other dependent, then they can likely join you in Ireland. These rules exist to ensure the preservation of the family unit.
Who is eligible under EU Treaty Rights?
Family members are placed into two categories: qualifying family members and permitted family members.
Qualifying family members are automatically entitled to join an EEA/Swiss citizen in Ireland. They include a:
- Spouse or civil partner
- Child or grandchild under the age of 21 (including the biological/adopted child of either the EEA/Swiss citizen or their spouse/civil partner)
- Child or grandchild over the age of 21 who is dependent on the EEA/Swiss national or the spouse or civil partner
- Dependent parent or grandparent of either the EEA/Swiss citizen or their spouse/civil partner
Permitted family members are not automatically entitled to join an EEA/Swiss citizen in Ireland. Instead, they must apply to be treated as a permitted family member. Permitted family members include a:
- De facto partner
- Dependent of the EEA/Swiss national
- A member of the EEA/Swiss national’s household
- Person who is cared for by the EEA/Swiss national on serious health grounds
Exemptions – Irish and UK citizens
EU Treaty Rights do not apply to Irish citizens living in Ireland. If you are an Irish citizen and you want a non-EEA spouse or family member to join you in the State, then you must get permission from the Immigration Service Delivery (ISD). Citizens from visa required countries must get a Join Family Visa first.
Following the UK’s exit from the European Union, EU Treaty Rights no longer apply to UK citizens living in Ireland. As of 1 January 2021, visa required family members wanting to join a UK citizen in Ireland must apply for a long stay ‘D’ Join Family UK National Visa. Those living in Ireland before 1 January 2021 are covered by the old rules.
Find out more about Join Family Visas.
How to move to Ireland under EU Treaty Rights
If you want to move to Ireland under EU Treaty Rights, you must apply for a ‘Residence Card of a Family Member of a Union Citizen’. The form you must complete depends on whether you are a qualifying family member or a permitted family member. You must provide solid evidence of your relationship with the EEA/Swiss national. Otherwise, your application could be refused – even if your relationship is genuine. If this happens, you are allowed to request a review of the decision.
Applicants from a visa required country must also obtain a long-stay visa before travelling to Ireland.
Once in Ireland, you can apply for permanent residence after five years.
Retention applications – death, divorce, separation and departure
If a non-EEA national moves to Ireland under EU Treaty Rights, their residency permission may be impacted if their EEA/Swiss family member dies, or their relationship breaks down. These situations are very complex as your right to remain in Ireland depends on a variety of factors. This includes the length of your relationship, your financial situation and whether you have children in education. If you are eligible to stay in Ireland, you can apply for to retain your residence card.
EU Treaty Rights – Irish immigration solicitors
Our solicitors deal with all Irish immigration matters, including those relating to EU Treaty Rights. Speak to us if:
- You want to know if you can move to Ireland under EU Treaty Rights
- You want help applying for a residence card
- You want help applying for a long-stay visa
- Your application has been rejected
- You are concerned about remaining in Ireland now your EEA/Swiss family member has died, left Ireland, divorced or separated from you
We can be contacted outside of Irish office working hours and can communicate with you via phone, email and WhatsApp.
Call us on 01 901 1355, email info@rnlsolicitors.ie or fill in the Free Online Enquiry Form. You can also request a call back and we will contact you at a convenient time.
EU Treaty Rights – quick facts:
What are EU Treaty Rights?
EU Treaty Rights are the rights given to Union citizens and their family members to move freely across the European Economic Area.
Do EU Treaty Rights apply to Irish citizens living in Ireland?
EU Treaty Rights do not apply to Irish citizens living in Ireland. If you are an Irish citizen and you want a non-EEA spouse or family member to join you in the State, then it is necessary to apply for a Spousal/Join Family visa (if your family member is from a visa required country).
Do EU Treaty Rights apply to UK citizens living in Ireland?
As of 1 January 2021, EU Treaty Rights no longer apply to UK citizens living in Ireland. Now, non-EEA spouses and family members wanting to join a UK citizen in Ireland must apply for a long stay ‘D’ Join Family UK National Visa.
Anyone who was exercising EU Treaty Rights in Ireland before 1 January 2021 is covered by the old rules. You simply need to replace your Irish Resident Permit (IRP) card stating that you benefit from the Withdrawal Agreement.
Do EU Treaty Rights end on death, departure or divorce?
Not necessarily. Often, you can continue to exercise your EU Treaty Rights, even if your EEA/Swiss family member dies, leaves Ireland or your relationship breaks down. Normally you must show that you are financially stable and/or have a child in education in Ireland.
Can I appeal a rejected application?
You can request a review if your application for a residence card is rejected. This might happen if the Department of Justice believes yours is a marriage of convenience, or your relationship is not genuine. We recommend that you speak to our solicitors if this has happened to you.
Do I need a visa if I’m eligible under EU Treaty Rights?
You need apply for a visa and a residence card if you are from a visa required country. You need to get a visa before you travel to Ireland. If you are not from a visa required country, then you only need to apply for a residence card.
Do you need expert legal advice about exercising EU Treaty Rights in Ireland?
Call us on 01 901 1355, email info@rnlsolicitors.ie or fill in the Free Online Enquiry Form. You can also request a call back and we will contact you at a convenient time.
