Residence rights of EU/EEA nationals in Ireland

Information

If you are a national of the European Union (EU), of one of the other EEA member states (Iceland, Liechtenstein, Norway) or of Switzerland, you have the right to stay in Ireland, and your family members have the right to stay here also. There are some limits to this right, however.

You can stay in Ireland for up to 3 months without restriction. If you plan to stay more than 3 months, you must either:

• Be engaged in economic activity (employed or self employed) or
• Have sufficient resources and sickness insurance to ensure that you do not become a burden on the social services of Ireland or
• Be enrolled as a student or vocational trainee or
• Be a family member of a Union citizen in one of the previous categories.

When you come to Ireland you do not need to register with the local immigration officer and you do not need a residence card to live here. If you wish to have a record your residence in Ireland you can register with your embassy of your country in Ireland.

Seeking employment in Ireland

If you are an EU/EEA national, you can stay in Ireland if you are unemployed and looking for work. You can transfer your unemployment benefit from your country of origin and it will be paid to you in Ireland for up to 3 months (can be up to 6 months in some cases). After that period, you may qualify for Jobseeker's Allowance if you satisfy the conditions, which include an Habitual Residence Condition.

Residence rights for your family

If you are a national of an EU member state, or of Iceland, Liechtenstein, Norway or Switzerland, your family, whatever their nationality, also have the right to live with you in Ireland. Your "family" is defined as your spouse, children under 21 and other children who are dependent on you and their spouses, your parents and your spouse's parents, if they are also dependent on you.

The European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (pdf) transpose EU Directive 2004/38/EC (pdf) into Irish law. The Directive allows for a wider definition of family members and applies to EU citizens only.

In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident.  In 2008 following a decision by the European Court of Justice this requirement was removed by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (pdf). You can find more information about these EU Treaty Rights on the Irish Naturalisation and Immigration Service website.

The wider definition of family member means:

• Your registered partner (and dependent relatives) is also entitled to move with you if the host member state treats registered partnerships as equivalent to marriage.  This is not the case in Ireland.
• The host member state must facilitate the entry and residence of other family members who do not have an absolute right to move but who are dependent on you or whose health is such that they require care by you.  Member states must also facilitate the entry and residence of a partner with whom you have a durable relationship.

This wider definition does not apply to family members of nationals of the non-EU states of the EEA (Iceland, Liechtenstein, Norway) or of Switzerland.

If your family members are not nationals of the EU or EEA, they will need to apply for residence cards and may also need entry visas. There is no fee for the residence card. They will also need to register with the Garda Síochána and receive an Immigration Certificate of Registration (usually called a GNIB card). As dependants of an EU citizen, they will be exempt from the general fee of €150 for this certificate.

Limitations on the right of residence

You or a family member may be asked to leave the State if you act in such a way as to be a danger to public order or security. Having a criminal record is not, in itself, grounds to be asked to leave. You may also be asked to leave on public health grounds.

You must be told reasons for the decision and given time to prepare an appeal.

Permanent residence

These Regulations also introduce a new right of permanent residence for EU nationals and their family members after a five-year period of uninterrupted legal residence in the State.

Rates

There is no charge for a residence card for a non-EEA national family member, for a permanent residence certificate or for a permanent residence card.

There is a general fee of €150 for the Immigration Certificate of Registration - GNIB card, with some exemptions.

How to apply

Visa for a non-EEA national family member: You must apply for a visa online.

For a residence card for a non-EEA national family member apply using the application form EU 1 (pdf) and explanatory leaflet (pdf). 

For a permanent residence certificate for an EU citizen who has lived in the State for five years apply using the application form EU 2 (pdf).

For a permanent residence card for a family member who has lived in the State for five years apply using the application form EU 3 (pdf).

Completed application forms should be returned to the EU Treaty Rights Section of the Irish Naturalisation and Immigration Service (INIS). There is a list of frequently asked questions about the EU Treaty Rights on the INIS website.

For an Immigration Certificate of Registration: apply to your local immigration registration officer. In Dublin this is the Garda National Immigration Bureau (GNIB). Outside Dublin this is at your local Garda District Headquarters.

Where to apply