Change of Circumstances

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, informing him or her of his or her proposal and giving the person an opportunity to make representations in writing to the Minister, which shall include the particulars specified in Schedule 4, within 15 working days of the date of issue of the notification, and
• consider any representations which have been made by the holder of the card.

The holder of a residence card shall, where a removal order is made in respect of him or her, surrender the residence card to the Minister.

The validity of a residence card shall not be affected by any of the following on the part of the recipient of the card:

• temporary absences not exceeding 6 months in a 12 month period;
• absences of a duration longer than 6 months in a 12 month period for compulsory military service;
• one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in a Member State or a third country.

Death or departure from the State of an EU citizen

Where an EU citizen dies or departs from the State and, at the time of his or her death or departure, he or she had a right of residence in the State under EU Free Movement Regulations, a family member who is a national of a Member State shall retain the right of residence under EU Free Movement Regulations that he or she enjoyed at the time of the EU citizens death or departure.

Where a EU citizen dies and, at the time of his or her death, he or she had a right of residence in the State under EU Free Movement Regulations, a family member who is not a national of a Member State may, where he or she has been residing in the State as a family member of the EU citizen for at least one year before the death, continue to reside in the State on an individual and personal basis.

Where a EU citizen dies or departs from the State and, at the time of his or her death or departure, he or she had a right of residence in the State under EU Free Movement Regulations, and his or her child, being resident in the State, was enrolled in an educational establishment in the State for the principal purpose of studying there, then the parent, irrespective of nationality—

• who has custody of the child, where the child is under the age of 18 years, or
• whose presence and care continues to be needed by the child, in order for the child to be able to pursue and complete his or her education, where the child is aged 18 years or over,

shall be entitled to reside in the State until completion by the child of the course of studies or training concerned.

Divorce, annulment of marriage or civil partnership

Where the marriage or civil partnership of a EU citizen is dissolved or annulled and, at the time of the dissolution or annulment, as the case may be, he or she had a right of residence in the State under EU Free Movement Regulations, a family member who is a national of a Member State shall retain the right of residence that he or she enjoyed at the time of the dissolution or annulment.

Where the marriage or civil partnership of a EU citizen is dissolved or annulled and, at the time of the dissolution or annulment, as the case may be, he or she had a right of residence in the State under EU Free Movement Regulations, a family member who is not a national of a Member State may retain a right of residence in the State on an individual and personal basis.

A right of residence of a family member is subject to the Minister being satisfied that—

• prior to the initiation of the dissolution or annulment proceedings concerned, the marriage or civil partnership had lasted at least 3 years, including one year in the State,
• by agreement between the spouses or civil partners, or by court order, the spouse or civil partner who is not a national of a Member State has custody of the EU citizen’s children,
• the retention of such right of residence is warranted by particularly difficult circumstances, such as the spouse, civil partner or child under 18 years of the EU citizen concerned having been a victim of domestic violence while the marriage or civil partnership was subsisting, or
• by agreement between the spouses or civil partners, or by court order, the spouse or civil partner who is not a national of a Member State has the right of access to child under the age of 18 years, provided—  the agreement or the court order requires access in the State to the child, and  the right of residence of the spouse or civil partner is for as long as is required to give effect to that access.

Retention of rights of residence

A person so residing in the State shall be entitled to continue to reside in the State for as long as he or she satisfies the relevant provision of the regulation concerned and does not become an unreasonable burden on the social assistance system of the State.

A family member concerned who is not a national of a Member State shall notify the registration officer of the registration district in which he or she is located of any of the following, within 7 days of its occurrence:

• a change in his or her place of residence in the State;
• a change in his or her civil status being- a dissolution or annulment of marriage or a dissolution or annulment of civil partnership, or entry into a marriage or civil partnership,
• an absence by him or her from the State for a period that is longer than one month, which notification may be made before his or her departure from the State but, in any case, shall be made no later than 7 days after he or she has been absent from the State for a period of one month.