EU Treaty Rights — retention after death of the EU citizen

This form is to be used by each non-EEA national applying to retain a residence card under the European Communities (Free Movement of Persons) Regulations 2015, as amended, following a change in circumstances such as the divorce or annulment of the marriage to the EEA national, the annulment or dissolution of a civil partnership with the EEA national, the death of the EEA national, or the departure of the EEA national from the State where the applicant has custody of or is required to care for children of the EEA national who remain in education in the State.

Regulation 9 of the Regulations of the 2015 provides for retention of the right of residence by a family member of an EEA national in the event of the death or departure from the State of the EEA national.

(2) Where a Union citizen dies and, at the time of his or her death, he or she had a right of residence in the State under these Regulations, a family member who is not a national of a Member State may, where he or she has been residing in the State as a family member of the Union citizen for at least one year before the death, continue to reside in the State on an individual and personal basis.

B. Death of the EEA national To retain a right of residence under Regulation 9 of the Regulations of 2015 after the death of the EEA national, an applicant must meet the following criteria. i. The applicant must have resided in the State with the EEA national for at least one year prior to the death of the EEA national, and ii. The applicant must be employed or self-employed in the State, or possesses sufficient resources to support himself or herself and any dependants OR iii. If the EEA national’s children, being resident in the State, are enrolled in an educational establishment in the State for the principal purpose of following a course of study there, then the children and the parent who has actual custody of the children will be entitled to reside in the State until the completion of the course of study.

To apply or retain your right to reside in the State: Use Form EUTR5 Use Form Annex C to record details of your or the EEA applicant’s spouse, civil partner, child or carer as required Read Explanatory leaflet for Form EUTR5

You must send your completed application form and any supporting documents you wish to provide to the address below Retention of rights Join Family Department of Justice Immigration Service Delivery 13/14 Burgh Quay, Dublin 2, D02 XK70

Due to the large volume of applications, it can take up to six months for an application decision to be reached.

You may be provided with an immigration stamp that will be valid for the period of the application process. This will enable you to remain in Ireland during this period.

A separate application must be completed for each non-EEA national family member residing in the State, including each child under 18 years of age.

(1) A person residing in the State under Regulation 6, 9 or 10 shall be entitled to continue to reside in the State for as long as he or she satisfies the relevant provision of the regulation concerned and does not become an unreasonable burden on the social assistance system of the State.

Under Regulation 12(4) of the Regulations of 2015, an applicant seeking to retain residence following the death of the EEA national family member or the divorce, annulment or dissolution of a marriage or civil partnership with an EEA national family member, who is subsequently seeking permanent residence (Form EUTR3), must be engaged in one of the following activities.

(4) A person to whom Regulation 9(2) or 10(2) applies may remain permanently in the State where— ( a ) he or she continues to satisfy one of the following conditions: (i) he or she is in employment or self-employment in the State; (ii) 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, and has comprehensive sickness insurance in respect of himself or herself and his or her family members; (iii) he or she is a member of the family, already constituted in the State, of a Union citizen who satisfies clause (i) or (ii); and ( b ) he or she has resided in the State in conformity with these Regulations for a continuous period of 5 years.

(7) Where a Union citizen to whom Regulation 3(1)( a ) applies is in employment or self-employment in the State and dies while in that employment or self-employment but before acquiring a right to permanent residence in the State, a family member who is residing with him or her at the time of the death, may remain permanently in the State if— ( a ) the Union citizen concerned had, on the date of his or her death, resided continuously in the State for at least 2 years, or ( b ) the death of the Union citizen had resulted from an accident at work or from an occupational illness.