EU Treaty Rights

Important Notice | Information note on non-EEA family member of British citizens seeking EU Treaty Rights

INIS has published a notice with important information for non-EEA nationals who are residing in the State as a family member of a British citizen.

Please read the full details here.

This information contained in this page is intended to assist applicants in their dealings with EU Treaty Rights Unit, Residence Division. As such it does not constitute legal advice and is intended for guidance purposes only. Frequently Asked Questions about EU Treaty Rights can be found under EU Treaty Rights FAQ

 

Important Notice | May 2019

EU Treaty Rights Division are experiencing delays due to the large number of applications and reviews on hand.

A decision will be made on your application as soon as possible. It can take up to 6 weeks to acknowledge your applications and grant temporary permission, if you are a person who is entitled to temporary permission while your application is ongoing.

As every case is different, application processing times can vary. For example, a complex application may take more time to process than a more simple application.

The documents that you submit in support of your application will be attached to your file.

If you live in Dublin and need to register your permission to remain, you must make an appointment online before you go to the Burgh Quay Registration Office. You must take the letter issued to you by EU Treaty Rights Division granting you permission to remain with you to your appointment. The EEA national named in your application must also attend with you.

All Dublin appointments must be made online at: http://burghquayregistrationoffice.inis.gov.ie.

If you live outside Dublin and wish to register your permission to remain, you do not need to make an appointment online. You should report to your local GNIB Immigration Office, which is listed in the letter from EU Treaty Rights Division. You must show this letter at the GNIB Immigration Office, and the EEA national named in your application must attend with you.

If you were issued with a temporary permission while your application is being processed and need to extend it, you need to write to EU Treaty Rights Division at the address below. You need to include the person ID number and the application number, which you will find on all letters sent to you from EU Treaty Rights Division. Temporary permission will only be given to applicants who meet the guidelines outlined in the European Community (Free Movement of Persons) Regulations 2015.

Please do not contact EU Treaty Rights Division unless absolutely necessary to allow us to devote the maximum time to the processing of applications and reviews.

In the event that you require an immediate response, please submit your query in writing, quoting your person ID and/or application ID to:

EU Treaty Rights Division
Irish Naturalisation & Immigration Service
Department of Justice and Equality
13-14 Burgh Quay
Dublin 2
D02 XK70.

 

Applications based on Irish nationals are not accepted by EU Treaty Rights Unit

Please note that we cannot accept applications under EU Treaty Rights provisions from non-EEA family members of Irish nationals. Directive 2004/38/EC on the right of citizens of the EU and their family members to move and reside freely within the territory of the Member States applies only to Union citizens who move to or reside in a Member State other than that of which they are a national.

Exceptions to this apply only in cases where the non-EEA national family member has previously held a residence card of a family member of a Union citizen which has been issued by another Member State under Article 10 of the Directive.

 

Applications for children under the age of 16

Please note that EU Treaty Rights applications should be made for each and any non-EEA national child residing in the State as the family member of a Union citizen, including children under the age of 16.

 

Applying for an EU3 Permanent Residence Card

As applications may take up to six months to process, applicants are advised to make their EU3 Permanent Residence Card applications 6 months before their Residence Card expires.

 

Notice on Retention of Rights cases

An application for an EU3 Permanent Residence Card which is made on the basis of retained rights will not be accepted unless the non-EEA national applicant has already been approved for the retention of their Residence Card on an individual basis. An Application for the Retention of a Residence Card can be made on Form EU5 (below). Retention of a Residence Card is required where the EU citizen of whom the non-EEA national is a family member has died or departed from the State, or in the event of the divorce or annulment of marriage between the non-EEA national and the EU citizen.

 

Application Forms

 

Supplementary Forms

 

Explanatory Leaflets

Completed application forms should be sent by registered post to:

EU Treaty Rights Unit
Residence Division
13-14 Burgh Quay
Irish Naturalisation & Immigration Service
Dublin 2
D02 XK70

 

If you have any questions about the forms you can e-mail your enquiry to:eutreatyrights@justice.ie or post enquiries to the above address.

 

Legislation

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive") is given effect in Ireland by the European Communities (Free Movement of Persons)& Regulations 2015 (the "Regulations").

The Directive and the Regulations apply to citizens of the European Union, citizens of EEA member states and citizens of Switzerland who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them.

 

Last amended: 9 May 2019