Eligibility for a Stamp 4 EUFAM application based on Marriage or De-facto partnership with an EEA national

EU Treaty entitlements refer to the rights of Union citizens and their family members to move freely within EU Member States, established by Directive 2004/38/EC.

Implemented in Ireland through the European Communities (Free Movement of Persons) Regulations 2015, these laws grant specific rights based on economic activities such as employment, self-employment, study, and financial self-sufficiency.

In order to be eligible for a Stamp 4 EUFAM permission in Ireland, you must be a family member of an EU citizen who is exercising their EU Treaty rights in Ireland. This permission allows you to live and work in Ireland.

Stamp 4 EUFAM is typically granted to spouses, civil partners, and dependent children of EU citizens. The application must be submitted within the State, therefore, both the applicant and the EU citizen must be physically present in Ireland.

In this article, we will specifically address Stamp 4 EUFAM for spouses/civil partners (qualifying family members) and de-facto partners (permitted family members) of EEA nationals.

For applications based on a de-facto partnership, the applicants must prove that they have been living together for a minimum of 2 years. Evidence of the relationship can be provided through photos, letters, bank transfers, messages, travel tickets, etc.

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.

The application form for de-facto partners is EUTR1A (https://www.irishimmigration.ie/wp-content/uploads/2023/11/Form-EUTR1A-v1123.pdf).

For applications based on spouse or civil partnership, the applicants must prove that they are married or in a registered civil partnership.

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.

The application form for spouse or civil partners is EUTR1 (https://www.irishimmigration.ie/wp-content/uploads/2023/11/Form-EUTR1-v1123.pdf).

For both application forms, you will need to provide personal information about you and your spouse/partner, details of the EU national’s activities in the State, immigration background etc. At the end of the application form, you will find a list of required documents for the application.

Please note that all documents must be submitted as photocopies, and colour photocopies of all pages of the passport (including blank pages) should be provided. Original documents will only be requested by the EU Treaty Rights Division if necessary.

The application must be submitted by registered post to: EU Treaty Rights Division, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2 D02 XK70, Ireland.

Currently, it can take up to 6 months for a decision to be made on residence card applications. Family members who come within the ambit of the Directive and Regulations are provided with a residence card evidencing their entitlement to reside and work in the State for a five-year period.

If you are a qualifying family member and have submitted the required documentation, you may be provided with an immigration stamp (temporary permission) valid while your application is being processed. If you have been deemed as a permitted family member, then you may be provided with a temporary permission as well.

EEA nationals and their family members who have resided in the State for over five years in accordance with the Directive/Regulations may apply for permanent residency, which is evidenced by a Permanent Residence Card.

For any inquiries about these changes and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.

Contact McGrath Mullan

If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.

McGrath Mullan Solicitors

Phone: +353 (0) 1 873 5012

Fax: +353 (0) 1 873 5024

info@mcgrathmullan.ie

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