EU Treaty Rights in Ireland
Under EU Treaty Rights, citizens of the European Union (EU), European Economic Area (EEA), and Switzerland have the right to free movement within member states. This is governed by Directive 2004/38/EC, which is implemented in Ireland through the European Communities (Free Movement of Persons) Regulations 2015.
However, EU Treaty Rights do not apply to Irish citizens living in Ireland. These rights apply only to nationals of other EU member states, Norway, Liechtenstein, Iceland, and Switzerland who move to or reside in Ireland.
Categories of Family Members
Family members of EU citizens are classified as Qualifying Family Members and Permitted Family Members, with different levels of rights under EU law.
1. Qualifying Family Members
These family members have automatic rights to reside with the EU citizen in Ireland:
✔️ Spouse or civil partner.
✔️ Children (direct descendants) under 21 years old or dependent children of the EU citizen or their spouse/civil partner.
✔️ Dependent direct relatives (parents or grandparents) of the EU citizen or their spouse/civil partner.
2. Permitted Family Members
These family members must apply to be recognised before they can benefit from EU free movement rights:
✔️ Other dependent family members (not qualifying family members) who were dependent on the EU citizen in their home country.
✔️ Members of the EU citizen’s household.
✔️ Family members who require the personal care of the EU citizen due to serious health reasons.
✔️ Partners in a durable relationship, duly attested.
Free Movement Rights of Family Members
EEA and Swiss nationals can reside in Ireland for up to three months without restrictions. After three months, they must meet certain conditions to continue residing under EU free movement laws. The EU citizen must be:
✔️ A worker in Ireland.
✔️ A self-employed person in Ireland.
✔️ Financially self-sufficient (having enough resources to avoid becoming a burden on the State) with comprehensive health insurance.
✔️ A student enrolled in a recognised educational institution, with comprehensive health insurance and sufficient financial resources.
These conditions are collectively referred to as exercising EU Treaty Rights. For a non-EEA family member to qualify for residence, the EU citizen must meet one of these conditions.
Visa and Entry Requirements for Non-EEA Family Members
Non-EEA family members can either accompany the EU citizen to Ireland or join them later.
- Visa-required nationals must apply for a free, fast-tracked long-stay visa to enter Ireland.
- Non-visa-required nationals do not need a visa but must inform Irish Immigration at the port of entry that they are joining or accompanying the EU citizen.
Importantly, the EU citizen does not need to be exercising their Treaty Rights at the time of entry. It is sufficient to show an intention to exercise EU Treaty Rights in Ireland.
- What are EU Treaty Rights
- Application for a Residence Card as an EU Family Member
- Application for a Permanent Residence Card as an EU family Member
- Retention of Residence card following Divorce Death or Departure of EU citizen
- Marriage of Convenience Refusals in EU Treaty Rights cases
- Delay in processing EU Treaty Rights Applications
- EU Treaty Rights of Irish Citizens and their Family Members – the Surinder Singh Route
- EU citizen children residing in Ireland with non-EEA national parents
- Immigration Solicitors EU Treaty Rights Services
- Revocation of Residence Cards