EU Treaty Rights Application

EU Treaty Rights Application

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.

Permanent Residency

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.

What we offer

We provide expert legal advice and assistance to corporations and individuals on all aspects of Irish Immigration Law.

We enjoy finding solutions to our clients’ problems using our knowledge and experience of the law and Irish legal systems. We get a lot of satisfaction from doing this, with successful outcomes daily

Why work with us?

We have never had a negligence claim against us nor has there ever been a complaint upheld against us

Legal advice for all private and commercial law

  • Confidential
  • Objective

If we believe we can assist, we will schedule a consultation to provide an action plan and workable budget proposal for you.

Out team of solicitors has vast experience in our practise areas with an outstanding record of success.

Investigate your options

If you are considering your options an EU Treaty Rights Application our engagement process is simple.

Get started now

Click below to use our form, find out about fees, and to learn your options.

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Our team is here to advise you on your options.

Investigate your options

If you are considering your options an EU Treaty Rights Application our engagement process is simple.

Get started now

Click below to use our form, find out about fees, and to learn your options.