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Non-EEA permanent residence card under EU Treaty Rights

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?

The right derives from being a non-EU family member of a Union (EU/EEA/Swiss) citizen: a family member who is not a national of a Member State and has resided with the Union citizen in Ireland in conformity with S.I. 548/2015 for a continuous period of 5 years may remain permanently.

See recorded sources

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

To stay longer than three months, the EU family member must be exercising a Treaty right in Ireland: working, self-employed, studying (qualifying family members only) or self-sufficient.

See recorded sources

What entry, registration or residence-document formalities remain?

Apply online via the ISD Customer Portal using Form EUTR 3, before the current residence card expires; the Minister must issue the permanent residence card within 6 months of the application where satisfied of entitlement.

See recorded sources

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

The checked official sources did not provide enough route-specific evidence to confirm which non-member family members can join and their rights.

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

Eligible after more than five continuous years in Ireland as the family member of an EU/EEA/Swiss citizen, holding a current residence card (or an approved retention of the right of residence) and having complied with the regulations. The card is valid for ten years and allows work or business. Continuity survives absences up to 6 months in 12 (and one absence up to 12 months for important reasons); the permanent right is lost after absence exceeding 2 consecutive years.

See recorded sources
  • 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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