European Union citizens relocated to other EU Countries for different economic reasons and they can exercise EU Treaty Rights to bring their family members with them as they are entitled to exercise free movement within the territory of the member States of the EU. Directive 2004/38/EC is implemented in Ireland by the European Communities (Free Movement of Persons) Regulations 2015.

Expert Consultants can provide you consultancy to guide you through the whole process and make relevant application if you are moving to Ireland from another EU member state.

EU Treaty Rights applies to EEA Nationals (nationals of other EU member States, citizens of Norway, Lichtenstein, Iceland along with Switzerland)  who are moving to or residing in the Republic of Ireland.

There are two different categories of family members:

1. Qualifying Family Members

2. Permitted Family Members

Qualifying Family Member – Definition

The Union Citizen’s spouse or civil partner

A direct descendant of the Union citizen or of the Union Citizen’s spouse or civil partner and is:

1. Under the age of 21 or

2. A dependent of the Union Citizen or of his or her spouse or civil partner or

3. A dependent direct relative in the ascending line of the Union Citizen or his or her spouse or civil partner.

A Permitted Family Member is defined as

1. Irrespective of his or her nationality, is a member of the family (other than a qualifying family member) of a Union Citizen to whom paragraph 2 applied or who in the country from which the person has come:

2. Is a dependent of the Union Citizen,

3. Is a member of the household of the Union Citizen or

4. On the basis of serious health grounds strictly requires the personal care of the Union Citizen

5. Is the partner with whom a Union Citizen has a durable relationship, duly attested.

Permitted Vs Qualifying Family Member

The rights of qualifying family members are automatic whilst permitted family members must apply to be recognised as a permitted family member in order to become beneficiaries of the free movement laws.

Free Movement Rights of Family Members of EU Citizens

Citizens of the EEA and Switzerland can reside in another member State of which they are not a national without restrictions for up to three months.  After three months, they must comply with certain requirements in order to continue to benefit from EU free movement laws.  The EU Citizen must be one of the following:-

1. A worker; or

2. A self-employed person; or

3. Have sufficient resources for themselves and their family member not to become a burden on the State with comprehensive illness insurance cover; or

4. Enroll in an educational establishment accredited or financed by the State for the principal purpose of following a course of study there and have comprehensive sickness insurance in respect of himself or herself and his or her family members and by means of a declaration or otherwise, satisfies the Minister that he or she has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the social assistance system of the State

Application for a Residence Card

If a family member wishes to reside in the State with the EEA National/Swiss Citizen then they must apply for a residence card following entry.  If successful, they will be issued with a residence card allowing them to reside in the State for a five-year period.  This also allows them to work, to study, to travel into and out of the State freely along with other benefits.

After five years of residency on the initial residence card, EEA/Swiss Citizens who have resided in the State for five years or more in conformity with the Regulations can apply for a Permanent Residence Certificate. Applications for a Permanent Residence Certificate are submitted on a Form EUTR2 application form.

Contact Expert Consultants for detailed information and consultation. We can guide you through the whole process and assist you to submit your application to Department of Justice.