EU Treaty Rights

EU Treaty Rights

If you are a family members of a EEA national who is exercising free movement rights in Ireland than you may be eligible to join and reside with them in Ireland.

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Overview of EU Treaty Rights

The rights and entitlements of EEA nationals and their family members to enter and reside in the Member States of the European Union are enshrined in Council Direc ve 2004/38/EC. This Directive provides for the rights of EEA citizens and their family members to move and reside freely within the territory of the Member States.

The beneficiaries of EU free movement law in Ireland are EEA nationals who seek to enter or reside or are resident in Ireland in accordance with the Regulations. For example, this could be a French Citizen seeking to come to Ireland for a short visit, or a citizen of Latvia seeking to enter Ireland to search for employment opportunities or to take up an employment offer.

Family Members

The Directive of 2004 and 2015 Regulations divide the relevant family members to whom the EU free movement rights extend into two categories:
Qualifying Family Member- Is defined as
1. The Union Citizen’s spouse or civil partner
2. A direct descendant of the Union citizen or of the Union Citizen’s spouse or civil partner and is:
        a. Under the age of 21 or
        b. A dependent of the Union Citizen or of his or her spouse or civil partner or
        c. A dependent direct relative in the ascending line of the Union Citizen or his or her spouse or civil partner.

Permitted Family Members

Permitted family members may be:
      • The de facto partner of the EU, EEA or Swiss citizen. A ‘de facto’ relationship means you and your partner are committed to a shared life together, i.e. as if you were married. A de facto relationship should meet the following criteria:
         1. Both partners have been living together in a durable relationship which has existed for a substantial period of time
         2. Both partners intend to live together indefinitely
         3. Neither partner is related to the other by blood
         4. Neither partner is in a relationship with another person.
     • Members of the EU, EEA or Swiss citizen’s family who were:
         1. Dependent on the EU, EEA or Swiss citizen while in the country from which they came, or
         2. Members of the EU, EEA or Swiss citizen’s household while in the country from which they came, or
         3. Persons who strictly need the personal care of EU, EEA or Swiss citizen on the basis of serious health grounds.



There is a very important distinction between “qualifying” and “permitted” family members. Qualifying family members have a right of entry and residence in the State, whilst permitted family members only have a right for their application to enter/ reside to be facilitated. Qualifying family members derive automatic access to the rights and entitlements of the 2015 Regulations with some limited exceptions.

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