Residence Rights

Table of Contents

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 EU citizen in the State.
The earlier European Communities (Aliens) Regulations 1977 ( S.I. No. 393 of 1977 ) and the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1977 ( S.I. No. 57 of 1997 ) apply to citizens of Member States of the European Economic Area other than EU citizens entering and remaining in the State before the 2015 Regulations took effect.
A person lawfully resident in the State in accordance with the provisions of the European Communities (Aliens) Regulations 1977, the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 or the Regulations of 2006 shall be deemed to be lawfully resident in the State for the purposes of EU Free Movement Regulations.

Qualifying Family Members

For the purpose of EU Free Movement Regulations, a person is a qualifying family member of a particular EU citizen where—

One of the above categories apply, respectively, to the EU citizen and the person, and the person is—

the EU citizens spouse or civil partner,
a direct descendant of the EU citizen, or of the EU citizens spouse or civil partner, and is— under the age of 21, or a dependent of the EU citizen, or of his or her spouse or civil partner, or
a dependent direct relative in the ascending line of the EU citizen, or of his or her spouse or civil partner.

A person is a permitted family member of a particular EU citizen where the above categories and apply, respectively, to the EU citizen and the person, and the Minister has, decided that the person should be treated as a permitted family member of the EU citizen for the purposes of EU Free Movement Regulations

Refusal Permission

A EU citizen who is in possession of a valid national identity card or passport as evidence of his or her nationality and identity may not be refused permission to enter the State unless he or she—

is suffering from a disease specified in Schedule 1, or
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 society.

A qualifying family member who is not a national of a Member State and who is in possession of a valid passport as evidence of his or her nationality and identity may not be refused permission to enter the State unless he or she—

is suffering from a disease specified in Schedule 1, or
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 society.

Schedule 1 Diseases

Diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation
Other infectious or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad

A qualifying family member who is not a member of a class of non-nationals specified in an order made under section 17 of the Immigration Act 2004 (No. 1 of 2004) as not requiring an Irish visa shall be in possession of a valid Irish visa as a condition of being granted permission to enter the State.

Residence in the State

European Union citizens entering or remaining in the State in accordance with the Regulations, and a family member of such an EU citizen who

enters the State in the company of the Union citizen,
enters the State for the purpose of joining the Union citizen, or
becomes a family member while in the State

who has entered the State seeking employment, and his or her family members, may continue to reside in the State for a period that is longer than 3 months where the EU citizen concerned can satisfy the Minister that he or she continues to seek employment and has a realistic prospect of being engaged in employment.

Such an EU citizen may reside in the State for a period that is longer than 3 months if he or she—

is in employment or in self-employment in the State,
has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the social assistance system of the State, and has comprehensive sickness insurance in respect of himself or herself and his or her family members,
is enrolled in an educational establishment accredited or financed by the State for the principal purpose of following a course of study there and has comprehensive sickness insurance in respect of himself or herself and his or her family members and, by means of a declaration or otherwise, satisfies the Minister that he or she has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the social assistance system of the State, or
is a family member of an EU citizen who satisfies conditions referred to.

A family member who is not a national of a Member State may reside in the State for a period longer than three months where the EU citizen concerned satisfies one or more of the conditions referred to.

Cessation Working

Where a person above ceases to be in the employment or self-employment concerned, that subparagraph shall be deemed to continue to apply to him or her, where—

he or she is temporarily unable to work as the result of an illness or accident,
he or she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a jobseeker with a relevant office of the Department of Social Protection,
he or she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year, or after having become involuntarily unemployed during the first year, and has registered as a jobseeker with a relevant office of the Department of Social Protection, or
he or she takes up vocational training and, unless he or she is involuntarily unemployed, the training relates to his or her previous employment.

In a case to hich the second last subparagraph applies, the first condition is deemed to apply to the person concerned for 6 months after the cessation of the employment concerned only, unless the person enters into employment or self-employment within that period.

Education

In a case where a EU citizen has an entitlement to reside in the State under the education category, the provisions confer a right to reside in the State on a family member only where the family member is—

a spouse or civil partner of the EU citizen concerned, or
a child of the EU citizen concerned, or of the EU citizen’s spouse or civil partner, and is under the age of 21, or ) a dependent of the EU citizen, or of his or her spouse or civil partner.

Where a EU citizen has an entitlement to reside in the State under the education ground the following person may apply to the Minister for a permission to remain in the State with that EU citizen. This applies to a direct relative in the ascending line of the EU citizen, or of the EU citizen’s spouse or civil partner, who is dependent on the EU citizen, or on the EU citizen’s spouse or civil partner.

Entitlements and matters of equal treatment

Subject to the Regulations, a person who is residing in the State in accordance with EU Free Movement Regulations shall be entitled—

to the same rights of travel in or to or from the State as those to which Irish citizens are entitled,
to carry on any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as Irish citizens, and
to receive, upon and subject to the terms and conditions applicable to Irish citizens, the same medical care and services and the same entitlements as those to which Irish citizens are entitled.

A person residing in the State for less than 3 months on the basis of a passport or national identity card (short term unconditional right exercised), shall not be entitled to receive assistance under the Social Welfare Acts. This does not apply in relation to a payment for supplementary needs and emergency payments .

A person who is not entitled to remain permanently in the State under EU Free Movement Regulations shall not be entitled to receive maintenance grants for students, including maintenance grants for students undertaking vocational training. This does not apply to a person in employment or self-employment and a family member of such a person.

A person who has an entitlement under EU Free Movement Regulations on the basis that he or she is a family member shall cease to have that entitlement if the EU citizen concerned is the subject of a removal order or an exclusion order.

Entitlement to permanent residence in the State

The following may remain permanently in the State:

a EU citizen who has resided in the State in conformity with EU Free Movement Regulations for a continuous period of 5 years, and
a family member of such a EU citizen who is not a national of a Member State and who has resided with the EU citizen in the State in conformity with EU Free Movement Regulations for a continuous period of 5 years.

The above does not apply to a person whose right to reside in the State is based solely on the post death post-divorce or post departure of EU citizen grounds. Other detailed conditions and provisions apply to such persons. They may qualify on grounds which include conditions related to employment or sufficiency of resources.

For the purposes of EU Free Movement Regulations, continuity of residence in the State shall not be affected by—

temporary absences not exceeding 6 months in a 12 month period,
absences of a longer duration 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.

Where a person has acquired the right to remain permanently in the State pursuant to EU Free Movement Regulations, that right shall cease to exist only where the person concerned has been absent from the State for a period exceeding 2 consecutive years. In calculating a period of residence for the purposes of the Regulations, a period of residence in accordance with the earlier Regulations are reckonable.

Permanent residence EU citizen and family members no longer working

An EU citizen who has resided in the State in accordance with EU Free Movement Regulations but who has not so resided for a continuous period of 5 years may remain permanently in the State if—

he or she has reached pensionable age as defined in the Social Welfare Acts or has taken early retirement, and at the time of reaching pensionable age or taking early retirement, he or she has resided continuously in the State for more than 3 years and has been in employment or self-employment in the State for at least the previous 12 months,
having resided continuously in the State for more than 2 years, he or she ceases to be in employment or self-employment in the State as a result of permanent incapacity for work, or
he or she has been permanently incapacitated from work as a result of an accident at work or an occupational illness entitling him or her to a pension or other benefit which is payable in whole or in part by the State.

The conditions as to length of residence and employment or self-employment and the condition as to length of residence shall not apply if the spouse or civil partner of the EU citizen concerned is a citizen of the State.

Residence in other EU States

A EU citizen who, after 3 years’ continuous residence and employment or self-employment in the State, is in employment or self-employment in a Member State while retaining his or her residence in the State and returning to the State at least once a week may remain permanently in the State.

A period in employment or self-employment, if completed in the territory of a Member State, shall, for the purpose of entitlement to the rights referred to above, be considered as having been completed in the State where the EU citizen during that period retained his or her residence in the State and returned to the State at least once a week.

The following shall be considered as periods in employment or self-employment for the purposes of the Regulations:

periods in involuntary unemployment which are duly recorded;
periods of absence from or cessation of employment or self-employment for reasons not of the person’s own making;
periods of absence from or cessation of employment or self-employment due to illness or accident.

Where a EU citizen is entitled to remain permanently in the State a family member of the EU citizen, irrespective of the family members nationality, may reside permanently in the State where he or she is residing with the EU citizen.

Where a EU citizen to which the rights apply is in employment or self-employment in the State and dies while in that employment or self-employment but before acquiring a right to permanent residence in the State, a family member who is residing with him or her at the time of the death, may remain permanently in the State if—

the EU citizen concerned had on the date of his or her death, resided continuously in the State for at least 2 years, or
the death of the EU citizen had resulted from an accident at work or from an occupational illness

Particulars to be contained in permanent residence card

The permanent residence card shall contain the following particulars and may be issued in the form of a letter from the Minister—

Name of the person
Nationality of person
Date of issue of card
Date of expiry of card
Unique number
Record in electronic form of biometric data of person to whom it is given
Statement that the card is not, and may not be used as, a document establishing the nationality or identity of the holder
Indication that person is a permanent resident as a family member of a EU citizen
Statement that the card is the property of the Minister for Justice and Equality or the Garda National Immigration Bureau
Photograph of person

Where the Minister has reason to suspect that a person who claims to be residing in the State in accordance with the above provisions has failed or is failing to comply with the Regulation concerned, he or she may require evidence that the person satisfies the requirements of EU Free Movement Regulations.