Once an EU citizen or their family member has lived in Ireland continuously for 5 years, they may be eligible to apply for permanent residence in Ireland.
For EU citizens, this means they will no longer need to show that they are working, self-employed, studying, involuntarily unemployed or residing with sufficient resources in order to continue living in Ireland.
For family members of EU Citizens, they will receive a residence card which is valid for 10 years.
- EU Citizens
For an EU citizen to be eligible for permanent residence, they must have been living continuously in Ireland for at least 5 years, and have been working, self-employed, studying, involuntarily unemployed or have had sufficient resources during this time.
There are some exceptions to this requirement, including:
- If they have reached pensionable age or taken early retirement, have lived continuously in Ireland for at least 3 years and were either working/self-employed for at least the previous 12 months.
- If they have lived in Ireland continuously for at least 2 years and can no longer work due to permanent incapacity.
- If they have lived in Ireland continuously for less than 5 years and can no longer work due to an accident at work or occupational illness which entitles them to a pension/ benefit provided in whole or in part by the State.
The application is made using Form EUTR2 and if granted, the EU citizen will receive a Permanent Residence Certificate which entitles them to live permanently in Ireland.
- Family members of EU Citizen
The family member of an EU citizen can apply for permanent residence if:
- They have been living in Ireland as the family member of an EU citizen who is exercising their EU free movement rights for at least 5 years continuously.
- They have been living in Ireland as the family member of an EU citizen who:
- Is now retired but had lived continuously in Ireland for 3 years and was working/self-employed for the previous 12 months; or
- Cannot work due to permanent incapacity but has lived continuously in Ireland for at least 2 years; or
- Cannot work due to a work accident/occupational illness which entitles them to a pension payable wholly/partly by the State
- They have been granted a retention of their EU treaty rights, have been living in Ireland for 5 consecutive years and are working/self-employed/have enough funds to support themselves and any dependents.
Applications can take up to 6 months to be processed so it is advised to apply around 6 months before your current permission is due to expire.
The Department of Justice will generally issue a temporary permission of up to 6 months if the applicant’s permission will expire before their application is processed.
The application is made using Form EUTR3 and if granted the family member of an EU citizen will be issued with a Permanent Residence Card which will be valid for 10 years and can be renewed.
An EU citizen or their family member’s continuous residence won’t be affected by:
- Temporary absences of less than 6 months in a 12 month period
- One absence of up to 12 consecutive months for reasons such as pregnancy, childbirth, study or training or a work posting abroad
- Longer absences due to compulsory military service
Once a person has been granted permanent residence, the right will only be lost if they are outside of Ireland for 2 consecutive years or if they are subject to a Removal Order.
If you would like more information on the above or would like our assistance with your own permanent residence 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.