EU/EEA/Swiss worker

Freedom of movement in Ireland applies to anyone from the European Union (EU) , which is made up of 27 countries, the European Economic Area (EEA), and Switzerland.

European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) . This legislation puts Directive 2004/38/EC in motion.

(i) is in employment or in self-employment in the State,

(2) A Union citizen to whom Regulation 3(1)( a ) applies 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 Union citizen concerned can satisfy the Minister that he or she continues to seek employment and has a realistic prospect of being engaged in employment.

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. ( d ) In a case to which subparagraph ( c )(iii) applies, subparagraph ( a )(i) shall be 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.

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.

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.

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.

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.

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.

a Union citizen who has resided in the State in conformity with these Regulations for a continuous period of 5 years

(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.

(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.

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.