What are EU Treaty Rights for family members in Ireland?
EU Treaty Rights in Ireland refer to the rights of EU, EEA, and Swiss nationals to live and work in Ireland under EU free movement law, and the derivative rights of their non-EEA family members. Under the European Communities (Free Movement of Persons) Regulations 2015 and the Citizens' Rights Directive (2004/38/EC), qualifying family members of EU citizens exercising their Treaty rights in Ireland may apply for a residence card.
Qualifying family members include the spouse or civil partner of the EU citizen, direct descendants (children, grandchildren) under 21 or who are dependants, and dependent direct relatives in the ascending line (parents, grandparents). The EU citizen must be exercising their Treaty rights by working, studying, being self-employed, or having sufficient resources and health insurance in Ireland.
The non-EEA family member applies for a residence card by submitting an EU1 application form to the EU Treaty Rights Division of the Immigration Service Delivery. Required documents include proof of the EU citizen's identity and nationality, evidence of the family relationship (marriage certificate, birth certificate), proof the EU citizen is exercising Treaty rights in Ireland, and the family member's passport. The residence card is issued free of charge and is valid for five years.
After five years of continuous residence, both the EU citizen and qualifying family members may apply for permanent residence.
This is general information only, not legal advice. Consult a registered immigration solicitor for advice specific to your situation.
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