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EU/EEA/Swiss student

IrelandFree movement

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

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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 enrolled in a State-accredited or State-financed educational establishment principally to follow a course of study, with comprehensive sickness insurance for themselves and family, and satisfies the Minister (by declaration or otherwise) of sufficient resources not to become an unreasonable burden on social assistance.

See recorded sources
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (iii) 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,

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.

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?

For a student, family residence rights are limited to the spouse or civil partner and children (of the citizen or spouse/partner) under 21 or dependent; a dependent relative in the ascending line may instead apply to the Minister for permission to remain, decided after an extensive examination of dependency.

See recorded sources
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (4) In a case where a Union citizen has an entitlement to reside in the State under paragraph (3)( a )(iii), paragraphs (3)( a )(iv) and (3)( b ) shall confer a right to reside in the State on a family member only where the family member is— ( a ) a spouse or civil partner of the Union citizen concerned, or ( b ) a child of the Union citizen concerned, or of the Union citizen’s spouse or civil partner, and is— (i) under the age of 21, or (ii) a dependent of the Union citizen, or of his or her spouse or civil partner.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    (5)( a ) Where a Union citizen has an entitlement to reside in the State under paragraph (3)( a )(iii), a person to whom subparagraph ( b ) applies may apply to the Minister for a permission to remain in the State with that Union citizen. ( b ) This paragraph applies to a direct relative in the ascending line of the Union citizen, or of the Union citizen’s spouse or civil partner, who is dependent on the Union citizen, or on the Union citizen’s spouse or civil partner. ( c ) In order to decide whether to grant a permission under paragraph ( a ), the Minister shall cause to be carried out an extensive examination of the personal circumstances of the applicant and shall have regard to the following:

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 is lost only after absence exceeding 2 consecutive years (subject to removal/exclusion provisions).

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.

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

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