Apply for residency under EU treaty rights: Frequently asked questions (FAQ)

  1. What application form should I use?
  2. Should I apply for a Residence Card as a qualifying family member or as a permitted family member?
  3. How long does it take for my decision to be made?
  4. When can I get my passport / other documents back?
  5. Can I get permission to remain while my application is being processed?
  6. Can my case be prioritised?
  7. How can I find out the status of my application?
  8. I made my application through a solicitor, can you give me an update?
  9. Where do I send my completed application to?
  10. Can I still apply if I’m not married to my EU citizen partner?
  11. Can I apply on the basis of being in a recognised civil partnership with an EU citizen?
  12. Do I need to make applications for my children as well?
  13. I have an Irish citizen child – can I apply for EU Treaty Rights?
  14. I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?
  15. My EU1 Residence Card is going to expire soon, what should I do?
  16. When should I apply for an EU3 Permanent Residence Card?
  17. What happens if my circumstances change after my Residence Card is granted?
  18. When should I apply for Retention of a Residence Card (Form EU5)?
  19. Can I apply for Retention of a Residence Card (Form EU5) and a Permanent Residence Card (Form EU3) at the same time?
  20. Who can I talk to if I’m not happy with a decision?

 

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Question 1: What application form should I use?

  • Form EU1 is to be completed by each non-EEA national applying for a residence card as the qualifying family member of a European Union citizen residing in the State.
  • Form EU1A is to be completed by each non-EEA national applying for a residence card as the permitted family member of a European Union citizen residing in the State.
  • Form EU2 is to be completed by an EU citizen who wishes to apply for a permanent residence certificate, having resided in the State for a continuous period of five years or more in compliance with the Regulations.
  • Form EU3 is to be completed by each non-EEA national applying for a permanent residence card as the family member of a European Union citizen, having resided together in the State in compliance with the Regulations for a continuous period of five years or more.
  • Form EU4 should be completed if you have received a decision to refuse your application for a residence card (Form EU1 or EU1A), permanent residence certificate (Form EU2), permanent residence card (Form EU3), or retention of a residence card (Form EU5) and you wish to seek a review of that decision.
  • Form EU5 should be completed by the holder of an EU1 Residence Card seeking to retain their residence rights in the event that the EU citizen has died or departed from the State, or in the event of divorce or annulment of marriage to the EU citizen.

Question 2: Should I apply for a Residence Card as a qualifying family member or as a permitted family member?

You should apply as a Qualifying Family Member on Form EU1 if you are:

  • the spouse or civil partner of an EU citizen
  • a direct descendant (child, grandchild etc.) of an EU citizen or of their spouse or civil partner
  • a dependent direct relative in the ascending line (parent, grandparent etc.) of an EU citizen or of their spouse or civil partner.

You should apply as a Permitted Family Member on Form EU1A if you are not a qualifying family member (as listed above) but you are a de facto partner of an EU citizen, or are a member of the family of an EU citizen who is not a qualifying family member and who, in the country from which you have come:

  • is a dependent of the EU citizen
  • is a member of the household of the EU citizen
  • requires the personal care of the EU citizen on the basis of serious health grounds.

Question 3: How long does it take for my decision to be made?

Due to the high volume of applications, it can take up to 6 months for a decision to be made. A letter will be issued by the section to inform you of the decision.

Question 4: When can I get my passport / other documents back?

From 09/11/2015 you are advised to submit photocopies of all documents only. Original documents submitted for applications made before 09/11/2015 will be returned in due course. Any original documents submitted for applications made from 09/11/2015 will be retained until the application processing is complete (i.e. for six months).

Question 5: Can I get permission to remain while my application is being processed?

Subject to consideration of your initial application and the documents received, you may be provided with an immigration stamp in your passport which is valid for the period of the application process only, i.e. a maximum of 6 months. Where insufficient documents have been received with the initial application, this temporary permission may not be issued until required documents have been received.

Question 6: Can my case be prioritised?

Applications are generally processed in chronological order of receipt - individual cases cannot be prioritised.

Question 7: How can I find out the status of my application?

To request an update on your application you can email the section at eutreatyrights@justice.ie, quoting your Application ID number and your INIS Person ID.

Question 8: I made my application through a solicitor, can you give me an update?

If your application was made through a solicitor or legal representative, you should contact them to find out the status of your application.

Question 9: Where do I send my completed application to?

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

Question 10: Can I still apply if I’m not married to my EU citizen de-facto partner?

As the de-facto partner of an EU citizen, you may apply on Form EU1A to be treated as a permitted family member of an EU citizen. However, for a successful application the following conditions must normally be satisfied:

  • The parties have been living together in a durable relationship which has subsisted for two years or more
  • The parties intend to live together indefinitely
  • The parties are not related by blood such that they would be precluded from marriage
  • Any previous marriage by either party has permanently broken down

Question 11: Can I apply on the basis of being in a recognised civil partnership with an EU citizen?

Yes – applications made on the basis of a registered and recognised civil partnership with an EU citizen, including foreign civil marriages which are recognised as civil partnerships by the State, are the same as applications made of the basis of a recognised civil marriage.

Question 12: Do I need to make applications for my children as well?

Where an EU citizen with non-EEA national minor children (including children under the age of 16) intends residing in the State with the children for longer than 3 months, an application on Form EU1 should be submitted on behalf of each child for permission to reside in the State as a family member of an EU citizen.

Question 13: I have an Irish citizen child – can I apply for EU Treaty Rights?

Applications for residence on the basis of an Irish citizen child should be made to Unit 4, Residence Division. More information can be found here.

Question 14: I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?

Generally, no. The Directive applies to Union citizens 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. (Article 3 of Directive 2004/38/EC)

Exceptions to this apply in cases where the third-country 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, and the Irish national and their family member have subsequently moved to Ireland.

Question 15: My EU1 Residence Card is going to expire soon, what should I do?

To ensure no discontinuity in your residence permission, you should make an application for a Permanent Residence Card (Form EU3) six months before the expiry of your EU1 Residence Card.

Question 16: When should I apply for an EU3 Permanent Residence Card?

If you are the holder of an EU1 Residence Card you will be eligible for a Permanent Residence Card if and when you have resided in the State in conformity with the Regulations for a continuous period of five years. As applications for a Permanent Residence Card can take up to six months to process, you should make an application for a Permanent Residence Card on Form EU3 six months before the expiry of your EU1 Residence Card.

Question 17: What happens if my circumstances change after my EU1 Residence Card is granted?

If you have previously been granted an EU1 Residence Card but your circumstances have since changed such that (a) the EU citizen has died or departed from the State, or (b) your marriage to the EU citizen has been dissolved through divorce or annulment, your Residence Card may no longer be valid. In order to establish if your Residence Card is still valid, you must make an application on Form EU5.

Question 18: When should I apply for Retention of a Residence Card (Form EU5)?

If you are the holder of a Residence Card, you should submit an application under Form EU5 for Retention of a Residence Card if your circumstances have changed such that (a) the EU citizen has died or departed from the State, or (b) your marriage to the EU citizen has been dissolved through divorce or annulment. You cannot apply on the basis of the dissolution of the marriage if divorce proceedings have not been concluded and a decree of divorce issued.

Question 19: Can I apply for Retention of a Residence Card (Form EU5) and a Permanent Residence Card (Form EU3) at the same time?

No – your application for Retention of a Residence Card (Form EU5) must be finalised and approved before you can apply for a Permanent Residence Card (Form EU3).

Question 20: Who can I talk to if I’m not happy with a decision?

The EU-wide SOLVIT service is available to you.

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Updated: February 2016