EU Treaty Rights — retention after divorce, annulment or dissolution

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 10 of the Regulations provides for retention of the right of residence by a family member of an EEA national in the event of divorce or annulment of marriage to the EEA national, or the annulment or dissolution of the civil partnership with the EEA national. Please note the divorce, annulment or dissolution must be finalised in order to qualify for consideration under Regulation 10.

(2)( a ) Subject to subparagraph ( b ), where the marriage or civil partership of a Union citizen is dissolved or annulled and, at the time of the dissolution or annulment, as the case may be, 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 retain a right of residence in the State on an individual and personal basis.

A. Divorce or annulment of marriage To retain a right of residence after divorce or annulment of marriage or annulment or dissolution of a civil partnership under Regulation 10 of the Regulations of 2015 an applicant must meet one of the following criteria. i. Prior to initiation of the divorce, annulment or dissolution proceedings, the marriage or recognised civil partnership lasted at least three years, including one year in the State, and the EEA national was exercising their EU Treaty Rights in the State at the time that the decree of divorce, annulment or dissolution was made. ii. The applicant must have custody of the EEA national’s children by agreement between the applicant and the EEA national, or by court order. iii. The applicant has the right of access to a minor child, provided that the court has ruled that such access must be in the State and for as long as is required. iv. The retention of such right of residence is warranted by particularly difficult Explanatory leaflet for Form EUTR5 (2022-03) - Page 1 of 15

circumstances, such as the applicant having been a victim of domestic violence while the marriage or civil partnership was subsisting.

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.

You cannot apply to retain your right to reside in the State (Residence Card) if divorce, annulment or dissolution proceedings have not been finalised

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.