EU Treaty rights may be applicable in your situation.
- a person residing in Ireland may be entitled to be joined by their family
- following a divorce or separation EU Treaty rights may extend to your situation
- upon expiry of a 5 year permission, that permission may be extended a further 10 years
Learn more about options available to you below.
Residency for family members of EU Citizen
Where an EU Citizen can demonstrate that he/she is engaging their treaty rights by working/ studying/ self-employed or residing with sufficient resources they are entitled to be joined in Ireland by their spouse and children, and in certain circumstances, their partner, parents, dependants and other members of their household.
Applications are made to the Department of Justice and Equality, who is obliged to determine applications within 6 months of the date of receipt and to grant a temporary permission to remain to the applicant pending the decision. If an application is approved residency permission will issue for 5 years.
If an application is refused an application to review can be filed within 15 days. If you have made an application and it is refused, we can give you our opinion on the decision and draft a review.
Many applications are straightforward, however more frequently applications can raise very technical and complicated issues of EU law. We have the knowledge and experience to advise on the law and on the necessary supporting documentation.
Retention in the event of divorce/ separation/ death of the EU Citizen
We are frequently asked to advise clients on their position where they obtained a permission to remain in the State based on their relationship to an EAA national and that relationship has irretrievably broken down. Clients often want to know what rights, if any, they have to retain their residency on an individual and personal basis following a divorce, separation or where the EU Citizen has left Ireland altogether.
Directive 2004/38 EC provides for retention in certain circumstances. A particular difficulty arises where a couple have separated and intend on divorcing but aren’t yet entitled to institute proceedings under the Family Law (Divorce) Act 1996. The High Court recently considered this held that the directive must be read in a manner that allows the non-EU spouse to commence and prosecute divorce proceedings before their residency is revoked. It is essential to obtain early advice in these circumstances.
It is open to a person who was granted residency on the basis of EU Treaty rights to apply for permanent residency upon the expiry of their 5 year permission. Permanent residency is permission to remain for 10 years.
We can assist with preparing the application, advising on the necessary supporting documents and the requirements of the Department of Justice and Equality.