In This Section
Introduction
Ireland is a Member State of the European Union (EU) and, as such, it offers freedom of movement to nationals of the European Economic Area (EEA) and certain family members.
The relevant EU legislation in this regard is the ‘Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States’ (Directive 2004/38/EC), which was published in 2004.
The Irish legislation which gives effect to this Directive is the ‘European Communities (Free Movement of Persons) Regulations 2015’ (S.I. No. 548 of 2015) and ‘European Communities (Free Movement of Persons) (Amendment) Regulations 2021’ (S.I. No. 445 of 2021).
Non-EEA family members of British citizens residing in Ireland
Freedom of movement
The Directive and the Regulations apply to citizens of the European Union, citizens of EEA member states and citizens of Switzerland who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them.
If you are an EEA national living in Ireland, then you may have the right to bring family members to live with you here, even if they themselves are not EEA nationals.
If you are not an EEA national but you live in Ireland with your EEA national family member, then you may be eligible to apply for a residence card as a family member of an EEA national. If your application is approved, you will be given a residence card that will allow you to live in the State for a period of up to five years and to work or do business in the State.
To apply for a residence card as a family member of an EEA national, you must be either a qualifying family member of an EEA national or deemed a permitted family member of an EEA national.
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.
Qualifying family member of an EEA national
Qualifying family members of an EEA national residing in the State are:
To apply for a residence card as a qualifying family member, both you and your EEA national family member must be living in Ireland. Your EEA national family member must be exercising their free movement rights in Ireland. They must be either employed, self-employed, pursuing a course of study or living in the State with sufficient resources.
If you are a qualifying family member and wish to apply for a residence card, then you should complete Form EUTR1. Please refer to Explanatory leaflet for Form EUTR1 before completing and submitting your application.
You may be given temporary immigration permission to remain in the State while your application is under consideration.
Permitted family member of an EEA national
Permitted family members of an EEA national residing in the State are:
The de-facto partner of the EEA national; or
Members of the family of an EEA national who are not qualifying family members and who, in the country from which they have come, were
- Dependent on the EEA national; or
- Members of the household of the EEA national; or
- Persons who need the personal care of the EEA national on the basis of serious health grounds.
To obtain a residence card as a permitted family member, both you and your EEA national family member must be living in Ireland and your EEA national family member must be exercising their free movement rights in the State. They must be either employed, self-employed or living with sufficient resources.
If you wish to apply to be treated as a permitted family member, then you should complete Form EUTR1A. Please refer to Explanatory leaflet for Form EUTR1A before completing and submitting your application.
Permanent residence certificate
If you are an EEA national who has lived in the State for five years or more and has complied with the Regulations, then you may apply for a permanent residence certificate.
If you wish to apply for a permanent residence certificate, then you should make an application on Form EUTR2. Please refer to Explanatory leaflet for Form EUTR2 before completing and submitting your application.
Permanent residence card – family member of an EEA national
If you have lived in the State for a continuous period of five years or more as the family member of an EEA national and have complied with the Regulations, then you may apply for a permanent residence card. This card is valid for ten years and allows the holder to work or operate a business in the State.
If you wish to apply for a permanent residence card, then you should make an application on Form EUTR3 before the expiration date of your current residence card. Please refer to Explanatory leaflet for Form EUTR3 before completing and submitting your application.
Apply to retain a Residence Card as a family member of an EEA national
You may, in certain circumstances, be eligible to retain your residence card if you have divorced from your EEA national family member, if your EEA national family member has died, or in limited circumstances if your EEA national family member has left the State. The criteria that you must meet in order to retain a residence card are set out in the EUTR5 application form in the section entitled ‘who is this form for’.
If you wish to apply to retain your residence card, then you should make an application on Form EUTR5. Please refer to Explanatory leaflet for Form EUTR5 before completing and submitting your application.
Applying for a review
If your application for a residence card or your application to be treated as a permitted family member of an EEA national has been refused or your residence card has been revoked and you believe that the deciding officer made an error in fact or in law, then you may apply for a review of that decision.
A request for a review should be made on Form EUTR4 within 15 working days of the date of the decision letter that you received. Further information in this regard is provided on the decision letter that issued to you. Please refer to Explanatory leaflet for Form EUTR4 before completing and submitting your request for review.
Additional details
If additional space is required to provide details of the previous residential addresses of an applicant, an EEA national, or other connected person, Annex A may be completed and submitted with an application made on Form EUTR2 or Form EUTR3. Please photocopy and attach as many times as needed to provide all the information needed.
If additional space is required to provide details of the activities of the EEA national for each of the last five years, Annex B may be completed and submitted with an application made on Form EUTR2 or Form EUTR3. Please photocopy and attach as many times as needed to provide all the information needed.
Annex C may be completed and submitted with an application made on Form EUTR1A, EUTR2 or EUTR5 to record details of a relevant third party such as spouse, civil partner, child or carer of the applicant and/or the EEA national as required.
Document Guidance
Certified translation of public documents
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 they can be accepted as evidence in support of your application.
Further details on multilingual documents can be found via the following link: https://e-justice.europa.eu/551/EN/public_documents.
Submitting your application
Completed application forms and copies of supporting documentation should be sent by registered post to:
EU Treaty Rights Division,
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland
Data privacy notice
Privacy Notice in relation to the collection of personal information by EU Treaty Rights Division
The EU Treaty Rights Division within the Immigration Service of the Department of Justice may collect your personal data. The purpose for which this personal data may be collected is to assess your entitlement or continued entitlement to residence or permanent residence in the State.
The Data Controller for the personal data you provide is the Department of Justice.
Our legal basis for collecting and processing this data is in accordance with Section 8 of the Immigration Act 2003 and to fulfil the function of the Minister for Justice in relation to asylum, immigration (including visas) and citizenship matters as designated in the Ministers and Secretaries Act 1924 (as amended).
Please see the EU Treaty Rights Division privacy notice for further details.
Registering your Residence Card
If your application for a residence card as a family member of an EEA national is approved, then you will receive an approval letter from the EU Treaty Rights Division. You are then required to register your permission with your local registration office. You should register straight away to avoid any gaps in your permission.
Unless your permission letter states otherwise, your EEA national family member must accompany you and bring a valid passport or national identity card when you attend your local registration office. You must bring your approval letter and a passport that has been issued to you by an authority recognised by the Irish government.
If you live in Dublin, Kildare, Meath, Wicklow, Cork or Limerick, then you should attend the Burgh Quay registration office. Attendance is by appointment only.
If you do not live in Dublin, Kildare, Meath, Wicklow, Cork or Limerick, then you should contact your local Garda Síochána registration office to make an appointment. Attendance is by appointment only. You should either phone or email your local registration office to make an appointment. Contact details for your local registration office will be listed in the letter from EU Treaty Rights Division.
Frequently asked questions
- Form EUTR1 should be completed by each non-EEA national applying for a residence card as a qualifying family member of an EEA national living in Ireland
- Form EUTR1A should be completed by each non-EEA national applying to be treated as a permitted family member of an EEA national living in Ireland
- Form EUTR2 should be completed by an EEA national who wishes to apply for a permanent residence certificate and who has lived in the State for a continuous period of five or more years in compliance with the Regulations
- Form EUTR3 should be completed by each non-EEA national applying for a permanent residence card as a family member of an EEA national. The non-EEA national should have lived in the State as the family member of the EEA national in compliance with the Regulations for a continuous period of at least five years
- Form EUTR4 should be completed by non-EEA nationals who wish to seek a review of a decision to refuse their application. This form should also be completed by non-EEA nationals who wish to seek a review of a decision to revoke their EU Treaty Rights Residence Card permission
- Form EUTR5 should be completed by the holder of a residence card who is seeking to retain residence rights on an individual and personal basis following the death or departure from the State of their EEA national family member or in the event that they have divorced from the EEA national or their marriage has been annulled.
No. You must be in Ireland to apply for an EU Treaty Rights residence card.
You should submit photocopies of all documents only. Colour photocopies of all pages of your passport including blank pages should be submitted. If original documents are needed, then EU Treaty Rights Division will request those documents from you.
Yes. If non-EEA national minor children (including children under the age of 16) want to live in the State with their EEA family member for longer than three months, then the appropriate application form must be completed and submitted on behalf of each child.
EU Treaty Rights Division,
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland
Due to the high volume of applications that the division receives, it can take up to 6 months for a decision to be made on residence card applications. A letter will be sent to you by registered post from EU Treaty Rights Division to inform you of the decision that has been made on your application.
Applications are generally processed in strict chronological order from the date they are received – individual cases are not prioritised.
For an update on your application, you can email EU Treaty Rights Division at [email protected]. You should provide both your Application ID number and your Person ID number in your email.
If you have not yet received your Application ID number and your Person ID number, you should include details in your email such as your name as it appears on your passport, your address, your date of birth, the name of your EEA family member and the date you submitted your application.
Please do not submit an email unless absolutely necessary to allow us to devote the maximum time to the processing of applications and reviews.
If you are a qualifying family member and you have submitted the required documentation, then you may be provided with an immigration stamp (temporary permission) which will be valid while your application is being processed.
If your application to be treated as a permitted family member has been assessed and the Minister has deemed you to be a permitted family member, then you may be provided with an immigration stamp (temporary permission) which will be valid while your residence card application is being processed. If you have not submitted sufficient documents with your application, this temporary permission may not be provided.
Yes. Brief absences from the State will not have an effect on your application. For extended periods of travel, however, you should inform EU Treaty Rights Division of the destination, duration and purpose of travel prior to your trip. EU Treaty Rights Division will advise you of any issues that may arise or that may affect your application.
As the de-facto partner of an EEA national, you may apply on Form EUTR1A to be treated as a permitted family member of an EU citizen. Your relationship should meet the following criteria:
- You and your partner have been living together in a durable relationship which has existed for a substantial period of time
- You and your partner intend to live together indefinitely
- You and your partner are not related closely enough by blood to act as an impediment to marriage
- Neither you nor your partner are married to another person, and any prior relationships are permanently broken down.
Yes. If you are in a registered civil partnership with an EEA national, you should apply on Form EUTR1. Recognised civil partnerships are treated the same as applications made of the basis of a recognised civil marriage.
Generally, no. The Directive applies to EEA nationals who move to another member state or who live in a member state other than their own and to the family members who accompany them or join them in the State (Article 3 of Directive 2004/38/EC).
Exceptions can apply in cases such as:
- Where your non-EEA national family member has previously held a “residence card of a family member of a Union citizen” that has been issued by another Member State under Article 10 of the Directive and where you and your non-EEA family member have subsequently moved to Ireland, or
- Where you, the Irish citizen, have exercised your right to free movement in another member state prior to returning to Ireland and your non-EEA national family member accompanies you on return having resided with you as a family member in that other member state.
EEA nationals can apply for a permanent residence certificate by completing Form EUTR2.
If you live in Dublin, Kildare, Meath, Wicklow, Cork or Limerick, then you should attend the Burgh Quay registration office. Attendance is by appointment only.
Information on registering if living in Dublin.
If you do not live in Dublin, Kildare, Meath, Wicklow, Cork or Limerick, then you should contact your local Garda Síochána registration office to make an appointment. While contact details for your local registration office will be listed in the letter from EU Treaty Rights Division, EU Treaty Rights Division has no involvement in the registration process.
You should either call or email your local registration office for an appointment.
You may apply for review of the decision to refuse your application. You can do so by completing Form EU4 and submitting it within 15 working days of receiving the refusal decision letter.
You can include any new, additional or updated documents that you feel may assist your request for review. You do not need to resubmit documentation that you have sent in with your original application.
If you were granted temporary permission to remain (Stamp 4) when your initial application was being processed, you may be granted temporary permission during the review process. If you were not granted temporary permission at the application stage, you will not be granted this permission during the review process.
Yes. The validity of a residence card is not affected by temporary absences from the State not exceeding 6 months in a 12-month period. You should contact EU Treaty Rights Division and your local registration office if you intend to leave the State for a period longer than one month. EU Treaty Rights Division will advise you of any issues that may arise or that may affect the validity of your residence card.
Your residence card granted under the provisions of the European Communities (Free Movement of Persons) Regulations 2015, as amended, is declaratory in nature. This means that it declares rights that are held by an individual.
If you or your EEA family member cease to be in compliance with the Regulations at any time, your residence card may cease to be valid. It is important that you notify EU Treaty Rights Division of any changes in your circumstances as soon as possible.
To ensure there are no gaps in your residence permission, you should make an application for a permanent residence card Form EUTR3 six months before the expiry of your residence card.
If you have previously been granted a residence card and your circumstances have changed, then your residence card may no longer be valid.
This may be the case if:
- Your EEA national family member has died or departed from the State or
- Your marriage to the EEA national has been dissolved through divorce or annulment.
In order to establish whether your residence card is still valid, you must make an application on Form EUTR5 to seek to retain your right of residence.
Yes. Your residence permission can only be registered until the expiration of your current passport, so if your passport expires during your permission you must attend your local registration office to have the remainder of your permission endorsed in your new passport.
Residence permission will only be given for the expected duration of your stay in Ireland. For example, if you are in Ireland for the duration of a work contract or a college course, then the residence permission will only be endorsed for the duration of your residence in the State. If you have been granted a residence card, you must obey the laws of the State and not become involved in criminal activity.
If your current passport expires during your permission, you must contact your local registration office when you have received your new passport.
An application (Form EUTR5) may be made where your EEA national family member has died or has departed from the State, or where your marriage to or civil partnership with the EEA national has been legally dissolved.
Please note that you must submit a divorce certificate if you wish to apply to retain a residence card on the basis of the dissolution of your marriage. You cannot apply to retain a residence card if divorce proceedings have not been finalised.
If you are the holder of a residence card, you will be eligible for a permanent residence card if and when you have lived in the State in accordance with the Regulations for a continuous period of five years. You should make an application for a permanent residence card on Form EUTR3 six months before the expiry of your residence card.
No. Your application to retain a Residence Card on an individual and personal basis (Form EUTR5) must be approved before you can apply for a permanent residence card (Form EUTR3).
Please note: Information contained on this page is intended to assist applicants in their dealings with EU Treaty Rights Division. As such it does not constitute legal advice and is intended for guidance purposes only.