EU Treaty Rights

“EU Treaty Rights” Applications - The Basics

Ireland’s membership in the European Union brings with it a lot of advantages for Irish citizens to live and work in other EU member states.  Equally, EU/EEA nationals enjoy the right to live and work in Ireland on a long term basis.

The fundamental rights of EU citizenship originate from a specific Directive known as the “Citizens’ Rights Directive”, or sometimes the “Free Movement Directive” (Directive 2004/38/EC). The principle of free movement of EU citizens applies to all EU member states, the EEA member states (Norway, Iceland, and Lichtenstein), and Switzerland.

Importantly this right is not limited only to the EU Nationals but also to (certain) non-EU family members who are permitted to accompany the EU National exercising this right.

In Ireland the various types of residence permission applications made under this category are commonly known as “EU Treaty Rights” applications.

Visiting and Residing in an EU Member State

An EU/EEA national may visit another Member State for up to 90 days without restriction.  However, if they wish to stay for a longer period in the “host” Member State, it is necessary for them to be:

·        Employed or Self-Employed;

·        A Full Time Student; or

·        Financially Self-Sufficient

Family Members

Frequently family members accompany an EU/EEA national when relocating to a different Member State. 

The rules about which family members may join the EU/EEA national were incorporated into the Directive and also reflected in the Irish law that was adopted to give effect to the Directive, (this being S.I. No 548/2015, European Communities (Free Movement of Persons) Regulations 2015).

There are two categories of “family member” for EU Treaty Rights Applications in Ireland:

1) Qualifying Family Member:  Spouse or Civil Partner, child or grandchild under age 21, dependent parent or grandparent, certain other direct dependent family members.

2) Permitted Family Member: Partner (unmarried), relative in your household, relative requiring personal care due to illness or disability.

These family members can join, work and live in the “host” EU/EEA Member state with the EU/EEA National as long as that person continues exercising their free movement rights as required by the Directive.

After five years of residence in the “host” State, both the EU/EEA National may apply for permanent residence.

It’s not always straightforward…

Some common examples of issues that arise with EU Treaty Rights residence permissions:

· The relationship between an EU/EEA National and their non EU/EEA partner breaks down making the non EU/EEA partner’s residence permission insecure.

· The  EU/EEA National may not succeed in finding employment within 90 days.

· The EU/EEA National might work for a time but then lose their job.

· The EU/EEA National may leave Ireland for long periods of time while their family remains in the State.

· If the Minister for Justice suspects the marriage or relationship was entered to convey an immigration advantage to the non-EU/EEA spouse, this could result in a Removal Order for both parties.

How I can help

There is a lot of documentation required for each of the various EU Treaty Rights Applications and the detail required in the application forms themselves can be confusing and overwhelming.  The basic application for a residence card is 52 pages long and requires a minimum of 23 supporting documents!

I have both formal education and practical experience in the domestic and EU law relating to these types of applications and can assist you with the application process for all styles of EU Treaty Rights applications.

If you have had a change of circumstance relating to the exercise of EU free movement rights, or if you have received a letter from the Minister for Justice proposing to revoke your residence permission, I can consult with you to discuss your situation, explain your options, and advise on how you might achieve the best outcome for you and your family. 

Contact me to discuss your EU Treaty Rights application.