EU Treaty Rights of Irish Citizens and Their Family Members – The Surinder Singh Route
Irish citizens typically cannot rely on EU laws when applying for their non-EEA family members to reside in Ireland. However, in specific exceptional circumstances, an Irish citizen may invoke their EU citizenship rights to secure residence for their non-EEA family members.
These derivative rights stem from the Treaty on the Functioning of the European Union (TFEU) and European Court of Justice (ECJ) case law, rather than Directive 2004/38/EC or the European Communities (Free Movement of Persons) Regulations 2015.
The Surinder Singh Route
The Surinder Singh case (C-370/90) was a landmark ruling by the European Court of Justice (ECJ). It established that EU free movement rights extend to the family members of EU citizens who return to their home Member State after exercising their Treaty rights in another EU country.
This ruling was further reinforced by the O & B v Minister voor Immigratie, Integratie en Asiel (C-456/12) case, which clarified the conditions under which a returning EU citizen’s non-EEA family members could obtain a residence card.
Key Legal Findings
The ECJ ruled that:
- A Union citizen who lived in another EU Member State for at least three months and formed a family life with a third-country national can return to their home country with the same EU free movement rights.
- The residence rights of family members in the home country should not be stricter than in the host EU country.
- A non-EEA family member must have been granted a residence card in the EU country where they previously lived before returning to Ireland.
What This Means for Irish Citizens Returning to Ireland
Under the Surinder Singh and O & B rulings, Irish citizens returning to Ireland with their non-EEA family members after exercising EU free movement rights in another EU country for at least three months can apply for a residence card.
Residence Card Application Requirements
When applying for a residence card, applicants must provide:
✔️ Proof of residence in another EU Member State for at least three months.
✔️ Evidence of the Irish citizen’s economic activities (employment, self-employment, or study) in the other EU country.
✔️ A residence card issued in the previous EU Member State (or in the UK, if granted before Brexit).
✔️ Documentation proving the family relationship between the Irish citizen and the non-EEA national.
At ImmigrationSolicitors.ie, we have successfully handled numerous Surinder Singh route applications, ensuring that Irish citizens and their non-EEA family members can lawfully reunite in Ireland.
If you need assistance with your EU Treaty Rights application, contact our expert legal team today.
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