If you are an EEA national currently residing in Ireland or are planning to move here in future and wish to bring a family member, it is important to understand your rights and entitlements. In this article, we will outline how EEA nationals can bring family members who are not nationals of an EEA country to live with them in Ireland.
EEA nationals who are exercising their EU free movement rights in another EU country have certain entitlements to family reunification under EU law, in particular the ‘Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States’ (2004/38/EC) (“the Directive”). These are often referred to as ‘EU Treaty Rights’.
To qualify, an EEA national must be engaged in one of the following activities in another EU country:
• Employment or self-employment
• Study
• Involuntary unemployment
• Residing with sufficient resources
The family members of EEA nationals have the right to reside for up to three months in another EEA country with their EEA national family member without any conditions. If they wish to remain for longer than 3 months, they will need to apply for a residence card as the family member of an EEA national.
Under the Directive there are two categories of family members who will be entitled to apply for a residence card under the Directive:
1. Qualifying Family Member of an EEA National
This category includes:
• The spouse or civil partner of an EEA national;
• Direct descendants of an EEA national or of their spouse or civil partner, such as children or grandchildren (up to 21 years of age);
• Dependent direct descendants of an EEA national or of their spouse or civil partner, such as dependent children or grandchildren;
• Dependent direct relatives in the ascending line of an EEA national or of their spouse or civil partner, such as dependent parents or grandparents.
To apply for a residence card as a qualifying family member, both the EEA national and their family member must already be living in Ireland, and the EEA national must be exercising their EU free movement rights.
An application for a residence card as a qualifying family member is made using Form EUTR1. A temporary immigration permission may be granted while the application is under consideration.
2. Permitted Family Member of an EEA National
This category includes:
• The de-facto partner of an EEA national; or
• A family member of an EEA national who is not a qualifying family member and who, in the country from which they have come, were:
o Dependent on the EEA national; or
o A member of the household of the EEA national; or
o Require the personal care of the EEA national on the basis of serious health grounds.
As above, to apply for a residence card as a permitted family member both the EEA national and their family member must already be living in Ireland, and the EEA national must be exercising their EU free movement rights.
An application for a residence card as a permitted family member is made using Form EUTR1A. A temporary permission generally will not be issued until the Department of Justice has confirmed that the family member is a permitted family member.
As part of the residence card application various documents will need to be submitted, including:
• Evidence of identity;
• Evidence of the required relationship with the EEA national;
• In some cases, evidence of dependency or membership of the household of the EEA national; and
• Evidence that the EEA national is exercising or planning to exercise their EU free movement rights in Ireland.
If the residence card application is successful, the non-EEA family member will be given a residence card which will be valid for 5 years and can be renewed in future.
If you would like more information on the above or would like our assistance with your own EU treaty rights application, please do not hesitate to contact our highly experienced team of immigration professionals at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.