EU Treaty Rights — retention based on custody or access to a child

(3) Where a Union citizen dies or departs from the State and, at the time of his or her death or departure, he or she had a right of residence in the State under these Regulations, and his or her child, being resident in the State, was enrolled in an educational establishment in the State for the principal purpose of studying there, then the parent, irrespective of nationality— ( a ) who has custody of the child, where the child is under the age of 18 years, or ( b ) whose presence and care continues to be needed by the child, in order for the child to be able to pursue and complete his or her education, where the child is aged 18 years or over, shall be entitled to reside in the State until completion by the child of the course of studies or training concerned.

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.

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.

C. Departure of the EEA national from the State Where the EEA national has left the State and his or her 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.

Birth certificate of child showing family relationship with the EEA national Letter(s) from educational establishment(s) in the State confirming enrolment and attendance by the child Written agreement of EEA national granting custody or right of access OR court order appointing custody or right of access in respect of each child in the State

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.

(2) Paragraph (1) does not apply to a person whose right to reside in the State is based solely on Regulation 9(3).

(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.