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EU Treaty Rights — dependent descendant aged 21 or older

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?

A direct descendant of an EU/EEA/Swiss citizen or of their spouse/civil partner who is dependent on the EEA national is a qualifying family member under Directive 2004/38/EC as given effect by the European Communities (Free Movement of Persons) Regulations 2015 (as amended), which apply to EU/EEA/Swiss citizens residing in a Member State other than their own and their family members who accompany or join them.

See recorded sources

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

Both the family member and the EU/EEA/Swiss citizen must live in Ireland, and the citizen must be exercising free movement rights: employed, self-employed, pursuing a course of study, residing with sufficient resources, or involuntarily unemployed after more than one year of employment and registered as a jobseeker with the Department of Social Protection.

See recorded sources

What entry, registration or residence-document formalities remain?

Apply from inside Ireland (applications cannot be made from outside the State) via the ISD Customer Portal on Form EUTR 1 (qualifying family member); the regulations provide for applying for a residence card within 3 months of the relevant date; decisions can take up to six months; once approved, register the permission at the Burgh Quay Registration Office.

See recorded sources

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

Qualifying family members are the spouse/civil partner, direct descendants under 21, dependent direct descendants aged 21+, and dependent direct relatives in the ascending line (of the EU/EEA/Swiss citizen or their spouse/civil partner). Persons residing under the Regulations have the same travel rights as Irish citizens and may carry on any business, trade or profession and access education and training like Irish citizens.

See recorded sources
  • 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.
  • https://www.irishstatutebook.ie/eli/2015/si/548/made/en/print
    17. (1) Subject to this Regulation, a person who is residing in the State in accordance with these Regulations shall be entitled— ( a ) to the same rights of travel in or to or from the State as those to which Irish citizens are entitled, ( b ) 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

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

Eligibility for a Permanent Residence Card includes: holding a current Residence Card; having lived in Ireland for more than five continuous years as the family member of an EU/EEA/Swiss citizen; an approved application for retention of right of residence; and compliance with all regulations while living in Ireland (the official page does not say whether these are cumulative or alternatives). The card is valid for ten years and allows work or operating a business. Continuity of residence is not affected by temporary absences of up to 6 months in a 12-month period, longer absences for compulsory military service, or one absence of up to 12 consecutive months for important reasons; the permanent right ceases only after absence exceeding 2 consecutive years.

See recorded sources
Limits of the record
  • S.I. 548/2015 cited in its 'made' version from irishstatutebook.ie; later amendments were not checked.
  • The ISD page lists the approved retention of residence alongside the five-year condition without saying whether the listed conditions are cumulative or alternatives.
  • https://www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/eu-treaty-rights/
    You are eligible to apply for a Permanent Residence Card if: You are the holder of a current Residence Card You have lived in Ireland for more than five continuous years as the family member of an EU, EEA or Swiss Citizen national Your application for retention of right of residence has been approved You have complied with all regulations while you have lived here The Permanent Residence Card is valid for ten years . It allows you to work or operate a business in the State.
  • 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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