Returning Irish citizen with qualifying non-EEA family after EU free movement

Generally, EU Treaty Rights do not apply to Irish citizens or their family members.

If you, as an Irish citizen, exercised your free movement rights in another member state before returning to Ireland, and your non-EEA family member, who lived with you in that state, accompanies you back.

These rights are for EEA nationals who move to or live in a member state other than their own, and for their family members who accompany or join them in that state (as per Article 3 of Directive 2004/38/EC).

To stay longer than three months in Ireland you must be exercising a Treaty right in Ireland. This means your EU national Family member should either be using their right to work, be self-employed, study (qualifying family member only) or be self-sufficient.

You must be in the State to apply for EU Treaty Rights.

If you have been issued with a ‘residence card of a family member of a union citizen’ by another Member State, you cannot rely on this for your long-term stay in Ireland.

To be eligible to apply for a Residence Card as a qualifying family member both you and your EU, EEA or Swiss family member must be living in Ireland.

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.

Your residency or relationship circumstances might change. If this happens, you are required to inform this Office of any change, as you may still be eligible to retain your right to residence in the State