Revoking Residence The Minister shall revoke a residence card son issued if the holder of the residence card is no longer entitled to remain in the State under EU Free Movement Regulations. Before deciding to revoke a residence card, the Minister shall— send the holder of the card a notification in writing, in a language that he or she may reasonably be expected to understand, […]
Qualification The Regulations apply to— EU citizens entering or remaining in the State in accordance with EU Free Movement Regulations, and A family member of such EU citizen who— enters the State in the company of the EU citizen, enters the State for the purpose of joining the EU citizen, or becomes a family member while in the State and seeks to remain with the […]
Residence card for family member non-EU national A family member who is not a national of a Member State may, within 3 months of the relevant date, apply to the Minister for a residence card, and shall, where an application) has not been made within the period specified, before the expiry of 4 months after the relevant date, apply to the Minister for a residence […]
Restrictions on grounds of public policy and public security Where the Minister is satisfied, having taken all the relevant circumstances into consideration, that a person who would otherwise qualify, applies represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of […]
Cessation of entitlements The Minister may revoke, refuse to make or refuse to grant, as the case may be, any of the following where he or she decides, in accordance with the Regulations, that the right, entitlement or status, as the case may be, concerned is being claimed on the basis of fraud or abuse of rights: a decision that a person be treated as […]
Acquired Rights The Vienna Convention on the Law of Treaties safeguards acquired rights to a significant extent. It had been claimed in the run-up to the Brexit referendum that it would safeguard the EU rights of UK nationals in the EU (and vice versa). However, the rights apply as between states and not individuals or corporate entities. If a treaty is terminated, Article 43 of […]
Citizenship Directive The 2004 EU Citizens Directive in 2004 consolidates and updates earlier legislation. It seeks to reduce formalities and minimise the bases for refusal of entry. It introduced the concept of permanent residence. The directive applies to an EU citizen and family members. Family members cover spouse, direct descendants under 21 and the EU citizen\’s direct dependent and those of a spouse or partner. […]
European Union citizenship and rights. The Maastricht Treaty introduced the concept of citizenship of the European Union. The Treaty declares the rights of a citizen. Citizens have the rights conferred by the Treaty and the duties imposed by it. The duties imposed are limited. The European Union flag and anthem were formally adopted. EU citizenship arises from the nationality of an EU member state. Such […]
Free Movement of Workers The European Union Treaty guarantees the right of workers to move between member states of the European Union to seek employment. They must not be subjected to any discrimination based on nationality as regards employment, remuneration or conditions of employment. There are limited grounds based on public policy, security and health in which member states may restrict the freedom. The rights […]