In Ireland, these rights are implemented through the European Communities (Free Movement of Persons) Regulations 2015, which grant residency rights to EU citizens and their families where the EU citizen is exercising free movement rights based on employment, self-employment, study, or financial self-sufficiency.

A Stamp 4 EUFAM residence card allows eligible family members to live and work in Ireland without the need for an employment permit.

Who can apply?

To qualify, you must be a family member of an EU/EEA citizen who is residing in Ireland and exercising EU Treaty rights. The application must be made within Ireland, and both you and the EU citizen must be physically present in the State.

Stamp 4 EUFAM is typically available to:

• Spouses or civil partners (qualifying family members)
• De facto partners who can demonstrate a durable relationship of at least two years (permitted family members)
• Dependent children of the EU citizen (not covered in this article)

Applications based on marriage or civil partnership

Applicants must provide evidence of a valid marriage certificate or registered civil partnership.

The EU/EEA national must be:

• Employed or self-employed in Ireland, or
• Pursuing a course of study, or
• Residing in Ireland with sufficient resources and health insurance.

Application form: https://www.irishimmigration.ie/wp-content/uploads/2023/12/Form-EUTR1.pdf

Applications based on a de facto partnership

Applicants must show that they have been in a durable relationship for at least two years, with evidence of cohabitation and shared life together.

Examples of supporting documents include:

• Joint leases, bills, or bank accounts
• Correspondence addressed to both partners at the same address
• Photos, travel records, messages, and other evidence of the relationship

The EU/EEA national must also be exercising treaty rights in Ireland.

Application form: https://www.irishimmigration.ie/wp-content/uploads/2023/11/Form-EUTR1A-v1123.pdf

Documentation and submission

• All documents must be submitted as photocopies, including colour copies of every page of your passport (even blank pages).
• Original documents will only be requested by the EU Treaty Rights Division if required.
• Applications must be submitted by registered post to:

EU Treaty Rights Division
Immigration Service Delivery
Department of Justice
13–14 Burgh Quay
Dublin 2, D02 XK70
Ireland

Processing times and outcome

• Decisions currently take up to six months.
• While awaiting a decision, applicants may be granted a temporary permission (Stamp 4 EUFam) that allows them to remain in Ireland.
• Successful applicants receive a residence card valid for five years, evidencing their right to reside and work in the State.
• After five years of residence in line with the Directive/Regulations, you may apply for permanent residency, confirmed by a Permanent Residence Card.

Contact us

For tailored advice on your eligibility and support with a Stamp 4 EUFAM application, please contact our Immigration Team at info@mcgrathmullan.ie or 01 873 5012.

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Stamp 4 Support Letter Applications

From the specified date, DETE will cease accepting applications for Stamp 4 support letters. This change prompts a shift in the process for individuals who will now register Stamp 4.

Timely submissions are emphasized for those impacted by these adjustments, underscoring the importance of adhering to the new procedures.

Documentary requirements for Stamp 4 Residence Permission Registration

For those who did not apply to DETE for a support letter before 30th November 2023, Similar to the old process, it will require specific documentation for Stamp 4 residence permission registration.

Pending Applications

It is crucial to note that all applications submitted to DETE before 30th November 2023, will undergo regular processing under the old procedure so those applicants are not affected by the new rules.
Eligibility Criteria

Similar to the old process, applicants must have been registered and in permission for a minimum of 21 months under a Stamp 1, based on a Critical Skills Employment Permit and/or Hosting Agreement. Alternatively, under Stamp 1H as a Non-Consultant Hospital Doctor based on a Multi-Site General Employment Permit.

When to Apply

Applications for the renewal of permission are accepted up to 12 weeks before expiry to ensure sufficient processing time.

If you would like to discuss your Stamp 4 application and register or would like us to assist with your application, please do not hesitate to contact us at info@mcgrathmullan.ie and we would be happy to speak with you.

Implemented in Ireland through the European Communities (Free Movement of Persons) Regulations 2015, these laws grant specific rights based on economic activities such as employment, self-employment, study, and financial self-sufficiency.

In order to be eligible for a Stamp 4 EUFAM permission in Ireland, you must be a family member of an EU citizen who is exercising their EU Treaty rights in Ireland. This permission allows you to live and work in Ireland.

Stamp 4 EUFAM is typically granted to spouses, civil partners, and dependent children of EU citizens. The application must be submitted within the State, therefore, both the applicant and the EU citizen must be physically present in Ireland.

In this article, we will specifically address Stamp 4 EUFAM for spouses/civil partners (qualifying family members) and de-facto partners (permitted family members) of EEA nationals.

For applications based on a de-facto partnership, the applicants must prove that they have been living together for a minimum of 2 years. Evidence of the relationship can be provided through photos, letters, bank transfers, messages, travel tickets, etc.

Your EEA national family member must be exercising their free movement rights in the State. They must be either employed, self-employed or living with sufficient resources.

The application form for de-facto partners is EUTR1A (https://www.irishimmigration.ie/wp-content/uploads/2023/11/Form-EUTR1A-v1123.pdf).

For applications based on spouse or civil partnership, the applicants must prove that they are married or in a registered civil partnership.

Your EEA national family member must be exercising their free movement rights in Ireland. They must be either employed, self-employed, pursuing a course of study or living in the State with sufficient resources.

The application form for spouse or civil partners is EUTR1 (https://www.irishimmigration.ie/wp-content/uploads/2023/11/Form-EUTR1-v1123.pdf).

For both application forms, you will need to provide personal information about you and your spouse/partner, details of the EU national’s activities in the State, immigration background etc. At the end of the application form, you will find a list of required documents for the application.

Please note that all documents must be submitted as photocopies, and colour photocopies of all pages of the passport (including blank pages) should be provided. Original documents will only be requested by the EU Treaty Rights Division if necessary.

The application must be submitted by registered post to: EU Treaty Rights Division, Immigration Service Delivery, Department of Justice, 13-14 Burgh Quay, Dublin 2 D02 XK70, Ireland.

Currently, it can take up to 6 months for a decision to be made on residence card applications. Family members who come within the ambit of the Directive and Regulations are provided with a residence card evidencing their entitlement to reside and work in the State for a five-year period.

If you are a qualifying family member and have submitted the required documentation, you may be provided with an immigration stamp (temporary permission) valid while your application is being processed. If you have been deemed as a permitted family member, then you may be provided with a temporary permission as well.

EEA nationals and their family members who have resided in the State for over five years in accordance with the Directive/Regulations may apply for permanent residency, which is evidenced by a Permanent Residence Card.

For any inquiries about these changes and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.

Applications to the scheme will open on 31st January 2022, and the Scheme will close on 31st July 2022.

You will be eligible if:

– you have been living in Ireland without a permission for at least 4 years on the date the scheme opens; or

– you have been living in Ireland without a permission for at least 3 years on the date the scheme opens, if you have a dependent child who is also resident with you.

You will also need to be able to show that you are a person of good character and have not come to the adverse attention of An Garda Síochana or any other police force.

Garda Vetting will a part of the process.

Having convictions for minor infractions will not, of itself, result in disqualification.

Unlike many other immigration applications, you do not need to show that you will not be a financial burden on the State in order to qualify.

People who are in the Section 3 process (notified of an intention to deport), or who are subject to a deportation order already, will also be eligible under the scheme.

There will be an online application procedure and there will be an application fee; €550 for a single applicant and € 700 for a family application.

A separate strand to the scheme will be for people who are in the International Protection process for at least two years on the date the scheme opens, and the fee will be waived for those applicants.

The scheme will be open for a period of 6 months only, so it is worth making sure that any application that is made is made correctly. There will also be an appeals process.

How to prove you have been resident in Ireland:

Applicants should gather as much documentation as they can to evidence their residence in Ireland, especially if they don’t have “regular” proofs of residence like tenancy agreements, employment contracts or utility bills.

Items like bank statements showing withdrawals or spending in local shops, photographs, testimonials from employers or clients, may be of use in evidencing your residence.

Affidavits may also be helpful in certain circumstances.

A full list of suggested documentation to evidence residence in the State is available on the Department’s website

What if you are not successful:

We are told that there is going to be an appeals process.

As with all applications, once you have provided information on your residence in Ireland you are opening the door to further contact from the Department.

This is a once in a generation opportunity however, so if you do feel you might be entitled to apply you should investigate it. Our office would be happy to assist any prospective applicants to this scheme.