EU Treaty Rights Residence Card
The Irish States Immigration Service Delivery can issue a residence card to a family member of a Union citizen who is not an EU citizen.
If the person succeeds to obtain the Residence Card, they must register with GNIB ie Garda National Immigration Bureau.
The Minister must within 6 months from the date of receiving the application make the decision to grant or refuse.
If it is refused, a statement of the grounds of refusal reasons must be provided and an appeal option available.
Forms
If you are a qualifying family member form EUTR1 is of relevance and the form can be submitted to the EU Treaty Rights Division.
If you are a permitted family member form EUTR1A is of relevance and the form can be submitted to the Permitted Family Assessment unit of the EU Treaty Rights Division.
Refusal
If the family member is refused a residence card, they must receive a statement of the grounds and removal notice can accompany the notification. If you wish to seek a review of the decision to refuse the permit card, there is a short timeframe within which to appeal and you will need Form EURT4.
5 Years
If a residence card is granted, the period of residence card validity is equivalent to the envisaged period of residence in the state of the union citizen or 5 years from the date of issue.
Revocation
The Minister can revoke a residence card if the person is no longer entitled to remain in the state under the 2015 regulations. The Minster must send the person notification in language they understand, outlining the proposal to revoke, and give the person an opportunity to respond setting out why it should not be revoked.
Retention of the Right of Residence in the event of Divorce
If a marriage is annulled or dissolved, a non-EEA family member may retain a right of residence on a case by case basis. The duration of the marriage and custody with respect to children will be considered.
Disclaimer
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.
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