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

  • Do you currently have a right of residence in Ireland as a non-EEA family member of a British EU citizen?
  • Will your situation remain the same after Brexit?
  • If on that date you are in possession of a valid Stamp 4 EUFam card issued by the Irish authorities what should you do?

This communication is for the information of non-EU/EEA nationals who are residing in the State as a family member of a British citizen. Its purpose is to provide an update on our approach in the event that the UK leaves the EU without ratifying the draft Withdrawal Agreement (no-deal)[1].

 

It is important to note the following:

  • If your application is still being processed - At this stage, no specific action is required from you if your application is being processed.
  • If you are the holder of a valid Stamp 4 EUFam card - As a person who is currently entitled to avail of the European Communities (Free Movement of Persons) Regulations 2015, you should have no concerns regarding your continued residence in Ireland after the 31 October 2019 (unless the draft Withdrawal Agreement is ratified before then). In a no-deal scenario you will no longer be subject to the provisions of the Free Movement Directive and the exercise of EU Treaty rights and entitlements. However, arrangements are being put in place for non-EU/EEA family members of British citizens who have been exercising Free Movement rights here up to 31 October 2019 to facilitate their transfer under domestic immigration arrangements to provide for their continued residence in the State. Insofar as possible, the objective is to retain similar rights to those that you would have enjoyed as a family member of an EU national including access to the labour market.
  • In accordance with existing requirements, please update this office if there is any change in your circumstances including a change in your relationship status with your relevant British citizen family member and/or including a change of address. You can contact this office by email at eutreatyrights@justice.ie

 

In the event that there is a deal, then the provisions of the Withdrawal Agreement on Citizens Rights will apply to your circumstances.

A communication strategy is being put in place that will include contacting relevant customers directly in the event of a no-deal Brexit.  This will be supplemented by regular updates on our website.

Further updates will issue in respect of British nationals coming here post 31 October 2019 in a no-deal scenario.

 

Footnote 1 - UK withdrawal from the EU

On 31 October 2019, the United Kingdom will leave the EU and become a third country (unless the draft Withdrawal Agreement is ratified before then). We do not know yet if the draft Withdrawal Agreement will be ratified before that date. In circumstances where the Withdrawal Agreement is not ratified before 31 October 2019, there will be no transition period and EU law will cease to apply to and in the UK as of 11pm (midnight CET) on 31 October 2019. This is referred to as the "no deal" scenario and is the subject of this communication. Further updates will issue in respect of British citizens coming here post 31 October 2019 in a no-deal scenario.

EU Treaty Rights Division

Updated: 21 May 2019

 

Published: 29 March 2019

Page history

21 May 2019

Addition of text "including a change in your relationship status with your relevant British citizen family member and/or".

15 April 2019

Updated dates from April 12th 2019 to October 31st 2019.