This information is intended to assist applicants in their dealings with the EU Treaty Rights Section. 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.
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 deal with , applicants are advised to make their EU3 Permanent Residence Card applications 6 months before their Residence Card expires.
EU Treaty Rights 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.
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 2006 and 2008 (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.