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Joining an EEA or Swiss National

  1. Home
  2. Coming to join family in Ireland
  3. Joining an EEA or Swiss National

In This Section

Does Directive 2004/38/EC apply to you?

Introduction

Visa type
How to apply
Fees
How long will it take?

Supporting documentation
Visa applications on behalf of a child (person under 18)
Visa approval
Return of documents

Visa refusal and appeal

Does Directive 2004/38/EC apply to you?

Please read this document Checklist Directive2004 38 EC. If any of the questions are answered in the negative, you are not entitled to the specific treatment under the Directive and should refer to the normal visa application procedure.

Introduction

If you are a family member(s) of an EU/EEA/Swiss citizen seeking to rely on Directive 2004/38/EC (Free Movement Directive) and are not the holder of a document called “Residence card of a family member of a Union citizen” or a “Permanent Residence Card of a family member of a Union citizen”, as referred to in Articles 5(2), 10(1) and 20 of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, you are a visa required national for Ireland.

Please read the visa type section below about the type of visa for which you may apply.

If you are the holder of a document called “Residence card of a family member of a Union citizen” or a “Permanent Residence Card of a family member of a Union citizen” as referred to in Articles 5(2), 10(1) and 20 of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, then you are not a visa required national for Ireland and can travel to the State without a visa, independently of whether your Union citizen family member accompanies or joins you in this State, for up to but not exceeding a period of 90 days.

Please note that the onus is on the holder of the “Residence card of a family member of a Union citizen” and “Permanent Residence card of a family member of a Union citizen” to provide this document to the appropriate authorities. Failure to provide the appropriate documentation may result in you being refused exit at the point of departure or entry to the State. Boarding of passengers is an operational matter for all carriers to determine whether or not to carry a passenger.

Visa type

You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months if you are a non-EEA national:

  • Who does not hold a document called “Residence card of a family member of a Union citizen” as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States,
    and

  • You wish to accompany or join an EU/EEA/Swiss citizen family member who is moving to or residing in Ireland pursuant to the Directive 2004/38/EC.

Stay more than 90 days

Please note, you cannot use a ‘residence card of a family member of a union citizen’ that has been issued by another member state to authorise your long-term stay in Ireland. Your residence card must be issued by the Irish authorities.

If you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen.

EU citizen exercising (or planning to exercise) free movement rights

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your visa application.

Joining an Irish citizen

If your sponsor is an Irish national residing in Ireland and you want to join them in Ireland, the Directive does not apply, national rules apply.

How to apply

You must apply for a visa from your home country or a country where you are a legal resident.

Apply for an Irish visa online via AVATS

When you have completed the online application process, you must follow the instructions on the summary application form that is created by the online system. You must print sign and date the summary form and submit it with your supporting documentation.

You must submit the summary form, which you should print, sign and date, with your supporting documentation. You may be required to provide your biometric information as part of the application process.

Fees

The visa fee for a short stay single entry visa is €60.

Qualifying family member

The list of ‘qualifying family members’ is as follows:

  • Spouse

  • Child (under 21 years)

  • Child (under 21 years) of the spouse

  • Adopted child (subject to adoption papers)

  • Dependent parent

  • Dependent parent of the spouse

  • Other dependent family members in the direct ascending line (for example, grandparent) or descending line (for example, grandchild)

  • Other dependent family members of the spouse in the direct ascending (for example, grandparent) or descending line (for example, grandchild).

If you are a ‘qualifying family member’ of an EU/EEA /Swiss citizen you are exempt from the visa fee.

Permitted family member

If you are a family member other than a ‘qualifying family member’ you are required to pay the visa fee. Such family members are referred to in the relevant Irish statutory provisions as ‘permitted family members’. If you are required to pay the visa fee you may be able to pay the fee in local currency.

If the visa application from a ‘permitted family member’ is approved, the visa fee will be refunded.
You may be subject to additional charges relating to the submission of your documents. The website of the visa office, embassy or consulate will have details about additional charges and local payment options.

Visa Facilitation Services Global (VFS) Centre

If you attend a VFS Centre to lodge your application, a logistics or administrative fee may be applied by VFS. You are exempt from any other administrative fees relating to the processing of your visa application and may lodge your application in person at the relevant Irish embassy, consulate or visa office. Any postage or courier charges associated with the submission of your application are at your own expense.

How long will it take?

Applications made under Directive 2004/38/EC are processed on an accelerated basis and in date order. While every effort is made to process these applications within a reasonable time frame, processing times will vary depending on the volume of applications, their complexity and the resources available.

Processing times can increase when the provision of additional documentation is requested or a detailed assessment is required.

Please check our page on current waiting times for up to date processing times.

Supporting documentation

In order for you to establish that you are a ‘qualifying family member’ or a ‘permitted family member’ you must prove:

  • That there is an EU/EEA/Swiss citizen from whom you can derive rights under the Directive

  • The existence of the required family relationship to that citizen including where relevant dependency or membership of the household

  • That you will be accompanying or joining that citizen who is exercising free movement rights in Ireland or provide a declaration or statement of confirmation that the citizen will be exercising those rights at the time of your arrival in Ireland.

The following forms of proof may be required:

  • Proof of identity – for example, valid passports for the applicant family member and the EU citizen

  • Proof of family link, such as a valid marriage or birth certificate – this is so that the visa officer can establish that the applicant is a family member of the EU citizen

  • Where relevant, proof of dependency or membership of the household

  • Proof that the EU/EEA/Swiss citizen is exercising free movement rights in Ireland for example, proof that the EU/EEA/Swiss citizen already resides in the State, or a declaration or statement of confirmation that the EU/EEA/Swiss citizen will be exercising those rights at the time of the applicant family member’s arrival in Ireland – this is so that the visa officer can ascertain that the applicant family member will be residing in the State together with the citizen concerned.

If you submit a document that is not in English or Irish, it must be accompanied by a full translation. Each translated document must contain:

  • Confirmation from the translator that it is an accurate translation of the original document

  • The date of the translation

  • The translator’s full name and signature

  • The translator’s contact details.

Any State issued official documents, such as Birth Certificates, Marriage Certificates, Death Certificates, Divorce Certificates that were issued by a State outside of the EEA or Switzerland, must be attested/apostilled as genuine by the Ministry of Foreign Affairs in the State that issued the document, in order that it can be accepted as evidence for Irish visa purposes. Such documents are required to be translated into English or Irish, if necessary. Translations done outside the EEA or Switzerland must also be attested/apostilled as genuine, by the Ministry of Foreign Affairs in the country in which the translation occurs. Send us both the original documents and the certified translations. Translations done in the EEA or Switzerland do not need to be attested by the Ministry of Foreign Affairs.

Any State issued official documents, such as Birth Certificates, Marriage Certificates, Death Certificates, Divorce Certificates that were issued by a State within the EEA or Switzerland do not require to be attested as genuine from Member States. A translation of these documents is not required where a multilingual standard form (MSF) is also provided. Such MSF forms are available from Member States on request. If an MSF is not provided by you then those documents are required to be translated into English or Irish, if necessary in order that it can be accepted as evidence for Irish visa purposes. Translations done outside the EEA or Switzerland must also be attested/apostilled as genuine, by the Ministry of Foreign Affairs in the country in which the translation occurs. Translations done in the EEA or Switzerland do not need to be attested by the Ministry of Foreign Affairs. We will also accept the Extract of a European marriage certificate, issued in accordance with the “Convention on the issue of multilingual extracts from civil status records“, as proof of a marriage within the EEA or Switzerland. Send us both the original documents and the certified translations.

Visa applications on behalf of a child (person under 18)

If a child under the age of 18 is travelling alone their birth certificate must be submitted with their application. If a child under the age of 18 is travelling either alone or with a person other than their parent or legal guardian (for example an adult relative), a written letter of consent from both parents or legal guardians is required. These signed consents must be accompanied by copies of the consenting parent or legal guardians’ passports or national identity cards, which clearly show their signatures.

If the child is travelling with one parent or legal guardian, the consent of the other parent or legal guardian is required. This signed consent must be accompanied by a copy of the consenting parent or legal guardian’s passport or national identity card which clearly shows their signature. Where one parent has sole custody, a Court Order bestowing sole custody of the child on the parent concerned must be submitted.

Visa approval

If your visa application is approved you will be issued with a single journey short stay ‘C’ visa which will permit you to enter and reside in the State for up to 3 months.

Port of Entry

If you are granted a short stay ‘C’ visa on the basis of the Directive and are joining an EU/EEA/Swiss citizen who is exercising free movement rights in the State, then you should have proof of the EU/EEA/Swiss citizen’s residence in the State to show at the port of entry. Failure to provide such proof may result in you being refused entry to the State and a visa warning being entered on your passport.

Accompanied by the EU/EEA/Swiss citizen

If you are granted a short stay ‘C’ visa on the basis of the Directive and accompanying an EU/EEA/Swiss citizen who intends to exercise free movement rights in the State you must, on arrival in the State, be accompanied by the EU/EEA/Swiss citizen. Failure to be accompanied by the EU/EEA/Swiss citizen may result in you being refused entry to the State and a visa warning being entered on your passport. Find out more what you have to do after you arrive.

Important: You should note that the right of entry to this State is distinct from the right of residence under the Directive given the conditions laid down in Article 7. Consequently, there is no automatic entitlement to a Residence Card on the basis that you were granted a visa.

Return of documents

All documents accompanying your application must be originals. You should keep copies of all the documents that you provide. Original documents such as marriage, birth or death certificates will be returned to you. However, other documents such as bank statements or letters of invitation will not be returned.

Visa refusal and appeal

  • If your visa application is refused, you will receive a letter from the visa office telling you why it has been refused and how to appeal the decision.
  • Your appeal must be received by the Visa Division within 15 working days of the date of the letter of refusal.
  • All documents accompanying your appeal must be originals. You should keep copies of all the documents that you provide. Original documents such as marriage, birth or death certificates or original translations etc. will be returned to you. However, other documents such as bank statements or letters of invitation will not be returned.
  • If your appeal is late, the original visa decision cannot be changed. You may submit a new visa application if you wish.
  • We process visa appeals in the order we receive them. We make every effort to process appeals as soon as possible and you will be advised of the outcome when the decision is made.
  • Please check our page on current appeal waiting times for up to date processing times.

Contact Us

Immigration Service Delivery
Department of Justice,
Home Affairs and Migration
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland

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