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Mcgrath Mullan Solicitors Dublin

EU Treaty Rights and Family Members

What are EU Treaty Rights?

When immigration specialists speak about EU Treaty Rights, we are referring to the right of EU (and Swiss) citizens to be accompanied or joined by their non-EEA family members when working, studying or residing with sufficient resources in the EU.
We call them “Treaty Rights” as they come from one of the most rights of citizens in the EU – which is the right to travel to other parts of the EU to work.

Why do they exist?

The rules were introduced to make it easier for citizens to travel to other parts of the EU to work or study, and not be held back from doing so on the basis that they wouldn’t be able to bring their family with them.

Are all family members treated the same?

No. When we say “family members” we refer to a very particular set of relationships.
There are two categories of family members.

  1. “Qualified Family Members”
    • These are the spouses, dependent children under the age of 21, and dependent parents of the EU citizen.

    • Once in Ireland, these family members should apply for a residence permission under Form EUTR1.

    • These family members should be given a temporary permission to reside once this application is made.

    • These applications are usually more straightforward (other than for dependent parents – which are very complicated applications to make).
  2. “Permitted Family Members”
    • Who is or isn’t a permitted family member can be quite complicated and you should speak to a solicitor if you feel a person in your life should be considered a permitted family member and you want them to come to Ireland to live with you.

    • These are de-facto partners, people (not always family relations) who are members of the citizen’s household, people who are dependent on the EU citizen, or on the basis of serious health issues require the care of the EU citizen.

    • Once in Ireland, these family members should apply for residence cards under Form EUTR1A.

    • These family members are not usually provided with a temporary permission while their application is being processed, and these applications are usually quite complicated.

Do family members have to apply for visas before coming to Ireland?

Whether you need to apply for a visa will depend on your family member’s nationality.
Once in Ireland, you will need to apply for a residence card under Form EUTR1 or EUTR1A.

What documents are required?

EU Treat Rights Visas and Forms EUTR1 and EUTR1A require a lot of documentation.
If you would like to speak to one of our solicitors about the rules on EU Treaty Rights, the documentation or the process involved, please email us at or phone us +35318735012 to book a consultation.

Author Bio

Eoghan McMahon

Eoghan McMahon, Partner, can assist you in all areas of immigration law, including judicial review. Please contact Eoghan if you would like assistance with any of these matters. or +353 (0) 1 873 5012

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