European Union citizens and also their family members, who may not be Union citizens, can enjoy free movement and residence rights in Ireland.
EU Treaty Rights is a catch all term availed of to describe rights under the European Communities Free Movement of Persons Regulations 2015 and from Directive 2004/38/EC.
Recital 5 of the 2004 Directive states :
The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.
Family members of the Union citizen are divided into separate categories ie qualifying family members and then permitted family members.
A person who is not a qualifying family member may come within the permitted family member category.
Residence Card of a Family Member of a Union Citizen
If a family member / applicant of a Union citizen brings an application for a residence card, visa applications should be dealt with by way of an ‘’accelerated process’’.
If the application concerns family member dependency, for example, an ‘’extensive examination of the personal circumstances’’ must be conducted by the decision maker.
The decision to grant or refuse the residence card application must be made within 6 months of receiving the application.
A 5 year period residence card can be obtained to live and work in Ireland.
Rights of Non-EU Spouse of EU Citizen in Ireland
We have a separate post on this which can be found here.
Permanent Residence Card Ireland
Under S.12 of the Free Movement of Persons Regulations 2015, a Union citizen of a qualified / permitted family member who has resided in the state can acquire permanent residence status after five years.
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.