EU Treaty Rights — permitted family member requiring personal care

Persons who strictly need the personal care of EU, EEA or Swiss citizen on the basis of serious health grounds.

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive") is given effect in Ireland by the European Communities (Free Movement of Persons) Regulations 2015 as amended (the "Regulations"). The Directive and the Regulations apply to citizens of the European Union, citizens of EEA Member States and citizens of Switzerland who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them.

To be eligible to apply to be assessed as a permitted family member, both you and your EU, EEA or Swiss family member must be living in Ireland. Your EU, EEA or Swiss family member must be exercising their free movement rights in Ireland. This means that they are either employed, self-employed, or living in Ireland with sufficient resources.

You must be in the State to apply for EU Treaty Rights. You cannot apply for permission under EU Treaty Rights from outside of the country you are applying for permission from.

To apply as a permitted family member of an EEA national or a UK national: Log in to your account on the ISD Customer Portal (or create one if you don’t have an account ). Go to ‘Make an application’ on the left-hand side of the dashboard. Select Form EUTR 1A

The Minister will assess your application and may decide to treat you as a permitted family member. If the Minister decides to treat you as a permitted family member, you may be given a temporary immigration permission stamp to remain in Ireland while your application is being processed.

It can take up to six months to receive a decision on your application.

register your permission at the Registration Office in Burgh Quay, Dublin.

If you have not provided sufficient documents with your application, you may not be given a temporary immigration permission stamp.

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.

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

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.

(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.