EU Treaty entitlements refer to the rights of EU citizens and their qualifying family members to move and reside freely within EU Member States, as established under Directive 2004/38/EC.
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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