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EU/EEA/Swiss self-employed person

IrelandFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

Citizenship of an EU Member State, an EEA state or Switzerland gives the right of free movement in Ireland under Directive 2004/38/EC, implemented in Ireland by the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015).

See recorded sources

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

A Union citizen may reside more than 3 months if in employment or self-employment in Ireland. Self-employed status is deemed to continue after it ends in cases of temporary inability to work through illness or accident, duly recorded involuntary unemployment with job-seeker registration, or vocational training (related to previous work unless involuntarily unemployed).

See recorded sources
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (i) is in employment or in self-employment in the State,
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    ceases to be in the employment or self-employment concerned, that subparagraph shall be deemed to continue to apply to him or her, where— (i) he or she is temporarily unable to work as the result of an illness or accident, (ii) he or she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with a relevant office of the Department of Social Protection, (iii) subject to subparagraph ( d ), 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 job-seeker with a relevant office of the Department of Social Protection, or (iv) he or she takes up vocational training and, unless he or she is involuntarily unemployed, the training relates to his or her previous employment.

What entry, registration or residence-document formalities remain?

No visa or other special permission is generally needed to come to or stay in Ireland; a Union citizen holding a valid national identity card or passport may not be refused entry unless suffering from a disease specified in Schedule 1 or representing a genuine, present and sufficiently serious threat to public policy or public security. A permanent residence certificate is optional: a citizen entitled to permanent residence "may apply" for one. The official source does not state whether any address or police registration applies to Union citizens.

See recorded sources
Limits of the record
  • Captured sources do not expressly state whether any address/police registration applies to EU citizens beyond the general "no special permission" statement.
  • https://www.irishimmigration.ie/eu-eea-country-or-switzerland/
    In general, citizens of countries in the single market do not need a visa or other special permission to come to or stay in Ireland.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    4. (1) A Union 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— ( a ) is suffering from a disease specified in Schedule 1, or ( b ) 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.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    14. (1) A Union citizen who, by virtue of these Regulations, is entitled to remain permanently in the State may apply to the Minister for a permanent residence certificate.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Qualifying family members are the spouse or civil partner; direct descendants (children/grandchildren) under 21 of the citizen or of the spouse/civil partner; dependent descendants aged 21+; and dependent relatives in the ascending line. They may enter and live in Ireland with the citizen and are treated like nationals for access to employment, working conditions, taxation, training, housing and education.

See recorded sources
  • https://www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/eu-treaty-rights/
    It means EU citizens and their family members may visit, enter or live in another EU country if they meet certain legal conditions. It also means being treated the same as citizens of that country in terms of: Access to employment, working conditions and taxation Access to training and trade unions Access to housing Access to education for yourself and your children.
  • https://www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/eu-treaty-rights/
    Qualifying family members may be: The spouse or civil partner of the EU, EEA or Swiss citizen Direct descendants of the EU, EEA or Swiss citizen or direct descendants of the EU, EEA or Swiss citizen’s spouse or civil partner. These include children or grandchildren up to 21 years of age Dependent direct descendants of the EU, EEA or Swiss citizen or dependent direct descendants of the EU, EEA or Swiss citizen’s spouse or civil partner. These include children or grandchildren aged 21 years or more Dependent direct relatives in the ascending line of the EU, EEA or Swiss citizen or the EU, EEA, Swiss Citizen’s spouse or civil partner.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

Permanent residence arises after 5 continuous years of residence in conformity with the Regulations. Continuity is not broken by temporary absences up to 6 months in 12 months, longer absences for compulsory military service, or one absence of up to 12 consecutive months for important reasons (e.g. pregnancy, serious illness, study, posting). Once acquired, the permanent right ceases only after absence exceeding 2 consecutive years (without prejudice to Regulations 20 to 23). A worker or self-employed person may acquire permanent residence earlier: on reaching pensionable age or taking early retirement (after more than 3 years' continuous residence and at least 12 months' work), on ceasing work through permanent incapacity after more than 2 years' continuous residence, or at any time if permanently incapacitated by an accident at work or occupational illness entitling them to a State pension or benefit.

See recorded sources
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    a Union citizen who has resided in the State in conformity with these Regulations for a continuous period of 5 years
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (5) For the purposes of these Regulations, continuity of residence in the State shall not be affected by— ( a ) temporary absences not exceeding 6 months in a 12 month period, ( b ) absences of a longer duration for compulsory military service, ( c ) 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.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (6) Without prejudice to Regulations 20 to 23, where a person has acquired the right to remain permanently in the State pursuant to these 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.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    13. (1) Notwithstanding Regulation 12, a Union citizen who has resided in the State in accordance with these Regulations but who has not so resided for a continuous period of 5 years may remain permanently in the State if— ( a )(i) he or she has reached pensionable age as defined in the Social Welfare Acts or has taken early retirement, and (ii) 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, ( b ) 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 ( c ) 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.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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