European Comission guide to free movement

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Press release

  • Press release from the Department of Justice about European Communities (Free Movement of Persons) Regulations 2006. This is now only available on the (now defunct) Progressive Democrat’s web site as a press release.

    As Irish legislation does not treat registered partnerships as equivalent to marriage Ireland is not be obliged to recognise registered partners as family members. However, Ireland is obliged to facilitate the entry and residence of the partner with whom the Union citizen has a durable relationship, duly attested. In doing so an extensive examination of the personal circumstances of such relations must be undertaken.

Online discussion forums

European Commission in Ireland


  • An Irish Residence Card for family member of an EU citizen (in Ireland often called 4EUFam) looks like:Irish Residence Card


Apparently a number of EU citizens and their families are having difficulties exercising their rights of freedom of movement in Ireland. Problems include:

  • Visas not being issued properly.  The Irish permanent representative to the EU, Bobby McDonagh, provided a copy of the Irish guidelines for issuing visas to family members of EU citizens and said that “The visa should be a Multiple Journey “D” Visa” (bold emphasis from the original), and that the majority of applicants should have an answer within 5 days.  The document also clearly lays out documents required.
  • Residence cards (EU1) are not being issued within required 6 months (many complaints)
  • Residence cards (EU1) issued with a validity of only one year rather than the required 5 years (several complaints)
  • Petition 0216/2005 by Mr R. D. (Dutch), on the unnecessary formalities by application of 3rd national spouse visa:

    Mr. R. D., a Dutch national, works in the United Kingdom and resides there together with his spouse, a third country national. He complains that the Irish Consulate in London required his spouse to produce a 3 months bank statement, a hotel reservation and a letter from her employer when she applied for an Irish tourist visa to accompany him on his business trip to Dublin. He considers that those were unnecessary formalities as she is entitled to free movement because of her marriage to a Union citizen.

    As the right to move for a third country family member of a Union citizen derives from the family relationship alone, the Member State’s requirement to present any supporting documents beyond those establishing the identity and family link would be an obstacle to free movement.

    The Irish Permanent Representation replied by letter of 13 April 2006 in which they acknowledged the problems Mr R.D. and his spouse encountered while travelling to Ireland and they conceded that the requirements did indeed violate Community legislation.

    They also informed that for the past twelve months, the requirements for third country family members accompanying a Union citizen travelling to Ireland are as follows – passports of the applicant and Union citizen, the original marriage certificate and three photographs. Moreover, all Irish Embassies and Consulates have been reminded of these requirements.

  • Fees being charged for visitors visas issued to family members of EU citizens
  • Complaint to the EU from a German citizen married to an Russian woman (the couple lives in London) about onerous requirements from the Irish embassy before issuing a visitors visa to the wife
  • Petition 0016/2006 by Ms. Sinéad Quinn (Irish), on Spanish and Irish legislations on residence and citizenship related rights leading to restraints to the freedom of movement within EU Member States:

    Community law also obliges Member States to grant family members a residence card as soon as possible and in any event no later than six months from the date of application for the permit. In this regard it is noted that Spain has been recently condemned by the Court of Justice in its judgment of 14 April 2005 in case C-2003/157, inter alia, for failing, in breach of Community law, to issue a residence permit as soon as possible and in any event not later than six months from the date on which the application was submitted

    Concerning the allegation that the petitioner’s husband was not allowed to work or travel during those 10 months, it is recalled that, as confirmed by the Court of Justice in the judgment against Spain, the right of entry into the territory of a Member State granted to a third country national who is the spouse of a national of a Member State derives from the family relationship alone. Therefore, the issuance of a residence permit to such a family member is to be regarded, not as a measure giving rise to rights but as a measure by a Member State serving to prove the individual position of a national of a third country with regard to the provisions of Community law. It was, therefore, not necessary for the petitioner’s husband to wait for the issue of the residence card in order to work in Spain or to request a visa to travel to Ireland.”

  • Petition 0207/2006 by Ms Kelly Welch (British), on lack of response from Irish embassy to an application for a visa made by her husband, a Nigerian national residing in Belgium
  • Petition 0646/2006 by Hanna Sobczak (Polish), on the rejection by the Irish authorities of her Bulgarian spouse’s application for a permanent residence permit in Ireland

    By its judgment of 9 January 2007 in case C-1/05 Jia, the European Court of Justice confirmed that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State. Section 3(2) of the 2006 Regulations would appear to be contrary to Community law as the right of residence in Ireland cannot be made conditional upon having resided legally in another Member State before arriving in Ireland. The Commission services envisage drawing the attention of the Irish authorities to this judgment and require that the Irish legislation fully complies with Community law.

  • Petition 0905/2006 by Mr Carlo Buono (Italian), on the rights of same-gender couples under EC Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the Member States

    In order to comply with provisions of Directive 2004/38/EC, Ireland brought into force the European Communities (Free Movement of Persons) Regulations 2006. Regulation 3(2) of the 2006 Regulations excludes from its personal scope all family members of a Union citizen (including same-gender partners) who were not lawfully resident in another Member State before seeking to enter Ireland to reside there with the Union citizen.

    The Commission believes that such an interpretation of Community law on the right of Union citizens and their family members to move and reside freely within the European Union, based on the judgment of the European Court of Justice in case Akrich , cannot be applied to all family members seeking family reunification with a Union citizen who has exercised his or her right to move and reside freely.

    Such interpretation is supported by recent judgment of the Court in case Jia where the Court ruled that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Union citizen who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.

    The Commission received recently a number of complaints concerning refusal by the Irish authorities of residence card applications of third country family members of Union citizens residing in Ireland on the grounds that the family members have not resided in a Member State before coming to Ireland. A case is pending before the Irish High Court on legality of Regulation 3(2) of the 2006 Regulations. The judgment is scheduled for 15 June 2007.

    The Commission envisages addressing the compliance of Regulation 3(2) with Community law within the overall examination of compliance of the Irish legislation with Directive 2004/38/EC, as interpreted by the Court in case Jia. The examination is expected to be completed shortly.


  • Anonymous  On May 3, 2007 at 15:29

    Ireland regulation do impose that the non-EEA family members must be residing in an another EEA state prior to the arrival to Ireland, which is contrary to the Community law.

    Is there any amendment or changes in the ireland regulation (EEA Regulation 2006), since it is incompatible with EC law.

  • solo  On June 22, 2007 at 08:18

    community law

    Law of the member states of the European Union, as adopted by the Council of Ministers. The European Court of Justice interprets and applies EU law. Community law forms part of the law of states and prevails over national law. In the UK, community law became effective after enactment of the European Communities Act 1972.

  • mr oludiji jibowu  On June 24, 2007 at 15:23

    am married to an eu national and my residency has been cut from 5 years first to 6month and now 1year pls what can i do i live in ireland

  • ola eddy  On August 20, 2007 at 11:05

    i have married to a eu national,but when i wanted to file in my document to minister of justice my lawyer told me the law had been change. that irish law does not give residency to any non- eu national married to eu member anymore, please what should i do next? am already have 4months old daughter born in uk by my eu wife.

  • Anonymous  On August 20, 2007 at 12:05

    ola eddy — First off, congratulations on your child. It is an amazing time! Were you in the UK with your wife? Did you have an EEA family permit or a Residence Card from when in the UK? Have you visited any other EU countries with your wife, getting for example a Schengen visa? If you were, then you should not end up having a problem.

  • Jake Dublin  On August 30, 2007 at 11:17

    EU Community law is at this time misinterpreted by the Irish authorities in SI/656 (the legal instrument that Ireland hides behind when failing to give redidency to non-EU spouses that have not lived for 6 months (legally)) in an other country prior to coming to Ireland. Currently (30/08/2007) this is being appealed to Supreme Court and also to the European Court. I would advise any person affected to check the forum ( discussing this. The forum (also mentioned on this site) is of great help to those affected.
    Today (30/08/07), RTE and The Irish Times have both published articles relating to people in this situation, quoting INIS (immigration service) officials on their plans to deport those persons who are awaiting their residency decisions and those that have appealed decisions, based on the fact that they are illegally in Ireland.

    This is not only contrary community law, but also in stark contrast with the Irish Constitution which values the family as a ‘holy unit and the foundation of the State which must be protected at all times’.


    -feel free to contact me for advise, my wife and I have gone through the whole process (with success, though she has not lived in another EU state prior to coming to Ireland).

    • koko  On April 14, 2012 at 16:30

      hello jake,im a nigerian wit italian permit,i just moved to italy 4months ago to join my spouse,and we will like to visit some family members in the Uk next month,i was told by some friends that i need to have spend up to a year of my residence in italy before applying for a Uk visa,pls i need to know how true it is

      • reuben  On July 1, 2012 at 11:29

        That’s not true, if you have a permit that states family member of an EU national, they will give you a visa. I live here in Italy and i have applied twice for EEA family permi to visit the UK and never had any stress. Methinks you should apply. All you need to do is show that you are married to an EEA natioanl such as marriage certificate, ID card or passport document of your partner.


  • Ed  On September 14, 2007 at 12:22

    Have been married to EU National for 7 years and was married out side the EU and was refused residencey card. how did you manage to get around the process.
    Ed Dublin

  • Fan Dublin  On September 17, 2007 at 21:36

    I just got my application rejected on the 12th Sep. I think we should act as a whole,rather then individual. Our rights have been affected and ignored. Contact me with skype , my skype name , martiallife.

  • JT  On September 24, 2007 at 15:43

    How did you get any success here, Jack? I got my application denied and I’m in the process of sending an appeal letter.

    Temporarily got a stamp 3 that gave her 1 year of permit to stay without being able to work or study, but that alone won’t do…

  • Jorge  On January 31, 2008 at 15:12

    Recently my wife was refused residency. (Form EU1 – ‘Non-EEA family member, resident in Ireland for more than 3 months’)

    Reason for refusal:

    Under Regulation 3(2) it is required that in order to avail of residency rights in the State (Ireland), the applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.
    As no evidence was submited by us, to satisfy that requirement, the residence application under regulation 3(2) was not granted.

    I would be interested in hear from similar cases.

  • whitelove  On June 19, 2008 at 22:28

    I want to know, can this regulations be applied to children. I am from Russia, my husband is Irish. I hold an Irish citizenship. I have my daughter from my first marriage from Russia living with us. She finished Irish school, this year she finished Irish university and now will continue her education (PHD). So, she has rights to reside and she is in a queue for the Citizenship. But every time I want to travel with her she needs to get a visa. Are these children considered as EU family members or not? They just had forgotten. They are treated as people who came to Ireland for work. But these children already integrated into this country. I think this is against the human rights that they not included in EU Family members bill and has no right to travel free wising EU.

  • ADESINA AJAO  On July 5, 2008 at 15:50


  • James  On July 14, 2008 at 00:57

    Another case. I am a EU national who has been working in Dublin for over 3 years. My wife of many years, a highly qualified non-EU national, applied last February for permanent residence based on my EU treaty rights. After failing to reply to any communication for over 6 months and failing to return her passport and original marriage certificate during that period, the Irish DoJ rejected her application on the basis of her “not providing evidence of having lived in another EU country for at least one year before coming to Ireland”. Notice that we had to ask repeatedly for her documents to be returned after the DoJ exceeded the 6 month deadline within which they are legally required to respond.

    I have the behavior of the Irish DoJ to be highly insulting, irresponsible, and grossly unprofessional.

    It is my opinion that Ireland’s “interpretation” of EU Directive 2004/38/EC is in blatant violation of EU law.

  • James  On July 14, 2008 at 01:02

    This is to correct my previous message: the application was not for permanent residence, but for a residence permit as a spouse of a EU national.

  • Enrique  On July 22, 2008 at 22:12

    Everything is as simple as that the law of the European Union only serves to justify the salaries of MEPs and European Commission officials. Every country does what it wants regardless of what the law says, if you’re not agree lose your life by making allegations against a bureaucrat in the machinery that citizens do not matter, only serves the game officials each doing what he wants without bothering to be good professionals and meanwhile breaking the lives of others.

  • ingre  On October 4, 2008 at 12:04

    im an eu citizen,working in ireland last going to marri a indian guy in india. how can i brig him here.somebody help me pls

  • ADESINA AJAO  On January 15, 2009 at 22:50

    Sorry its a bit late i replied this mail regarding no 12, eventual my wife and child was granted the visa to join me in ireland, after receiving the letter,how and when we met.

  • anna  On February 19, 2009 at 09:11

    I am a 19yr old british citizen intending to exercise my treaty rights in Ireland by relocating from UK to ireland with my partner whom i met in 2005 and we are now engaged to be married but he is a non-EU member and has no legal status in the UK(he overstayed his visitors visa when he arrived the UK in 2005 but still hold a valid passport).My query is what will be the EASIEST and BEST way for him to relocate with me to Ireland?
    1. Will he be able to enter Ireland with me IF we got married here in the UK without him having a valid UK or Irish visa but with his valid passport only?
    2. Will he be able to enter Ireland with me IF we return to his home country and get married there?
    3. Will we be allowed/able to enter and get married in Ireland IF he got a visit visa to Ireland from his home country?

    • eumovement  On February 19, 2009 at 21:59

      Are you planning to work or study in Ireland? If you are married, it is easy for him to come with you. If you are not married, then you will have to show you have a substantial relationship (e.g. living together for the past 2 or 3 years) and fight with the embassy for the visa. See

  • anna  On February 24, 2009 at 21:27

    this link is confusing

    NON EEA Family Member of EU Citizen:
    If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to join/accompany the EU Citizen in Ireland the following documents are required:
    1.Application form.
    3.Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence.
    4.Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in the State or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover.

    My question is directed to list 4 above.Do i or my spouse have to show:that we are employed/self employed in the State(ireland or Nigeria???) or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover?I have never worked or lived in ireland before,i am moving there with my spouse after we get married in Nigeria.could someone clearify me on this pls!!!

  • Shagufta  On March 6, 2009 at 18:38

    Hello Mr Jorge mi huband also got refusal yesterday same as u have told the situation happened with ur partner … so did u found ani way out ? .. i m very worried what is the next step it could help me plz reply ..i wil b thankful
    Hello , Plz some one can help me

    Actually Recently my Husband was refused residency. (Form EU1 – ‘Non-EEA family member, resident in Ireland for more than 3 months’)

    Reason for refusal:

    Under Regulation 3(2) it is required that in order to avail of residency rights in the State (Ireland), the applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.
    As no evidence was submited by us, to satisfy that requirement, the residence application under regulation 3(2) was not granted.

    I attachec the copy of my p60 .i understand that but i dont understand the seconf reason Evidence of lawfull residence… we have been married for around 2 years
    and my husband came to ireland in 2004 student visa but his visa was expired in 2005 and later we got married in 2007 ..plz can somebody help me , i wil be very thankful..
    my email is

  • shagufta  On March 7, 2009 at 10:26

    Dear Eumovement, Thanx for ur help and for this slovit web link … i wil go through this noa and can u please tell me i have to ring solvit or write them ? ani guide lines ..and i am also going to see lawyer on monday to sort out all this for review of my decission .. plz if u can help me ani thing plz write me .. thanx for ur help god bless u

    • eumovement  On March 8, 2009 at 10:52

      On the web page for Solvit, there is a form which allows you to submit a request for help. Be very clear in how you write it please.

  • Malik  On March 7, 2009 at 11:09

    Hello Friends i got refusal letter 2 days before and i am confused .. i am married to british nation and we are together in ireland from past 4 years and mariied together last 2 years..

    The Reason of Refusal of EU1 Application was

    (*) According to records of irish naturalisation and immigration you have no legal immigration status in the state. A notification under the provisions of Section 3(4) of immigration act 1999 as amended is enclosed. Please note u have 15 days to respond to this notification.

    Well my visa was expired 3 years before , but i enterd ireland legaly , but at the moment i have no legal status but iam married to british national and living in ireland and she also work here ..

    so somebody can help me , is their ani chances that he can get visa or permission according to new rule or what will be he procedure , that we can stay together .. Plz reply

    • eumovement  On March 8, 2009 at 16:27

      I would suggest you post a note on the following board.

      In general your rights are based only only your relationship with the EU citizen (and that they are exercising treaty rights). Be sure to always, in all communication, make clear that you are the spouse of an EU citizen and that this is a matter regulated solely by Directive 2004/38/EC and not by Irish immigration.

  • Sameer Rajab  On March 7, 2009 at 13:07




    • eumovement  On March 8, 2009 at 10:54

      Your wife is British and you live together in Ireland? As long as it is a real and legitimate marriage, then you are covered by the EU law.

    • ADESINA AJAO  On July 21, 2009 at 18:21


  • John  On March 8, 2009 at 05:12

    I received a copy of the reply the Irish made to this Petition 0007/2005

    Petition 0007/2005, On the complicated procedures to get a Irish visa

    here is the reply,

    however sadly it is mostly restatement of illegal requirements,
    e.g it is NOT allowed to request airline tickets, the only
    supporting document the Irish Visa office can request is a marriage cert.

    Also this reply was written before the Metock ruling, Nowadays there is no
    requirement to have have lived in another EU state first.

  • Sameer Rajab  On March 9, 2009 at 19:51

    Dear Friends ,
    Firt of all thaks for ur reply …
    Yes we were married in ireland in 2007
    and living together and she is working here too
    so thanx for ur advise i am going to apply for EU1 application soon
    and i will share with u all , what is the out come..
    thanx for ur help
    God Bless u all ..

    • eumovement  On March 9, 2009 at 22:10

      Remember to keep copies of EVERYTHING you send with your application

  • sak  On March 10, 2009 at 23:54

    hi i just want to know that i am married to british she is working in ireland and i have no status in uk and we are married fr about 2 years now i am if can i apply for irish eu card as a spouse of su natuioanl i am non eu national and i dont have a valid visa for ireland can i submittmy application with blank passport and another thing as i did not have a valid visa so i got muslim marriage . will that be accepted in ireland .thanks

  • Tope  On April 8, 2009 at 18:33

    I got married to a british citizen in 2006 in my home country, Ghana and we lived together in UK for 2 yrs (illegal immigrant)
    He recently relocated to Ireland where he got a new job, is there any way i can regularize my status as a married parner of an eu national, even though i am currently living in ireland illegally. Your help with this is greatly appreciated.

  • Regina  On May 10, 2009 at 12:09

    I’M brazilian citizen living in Ireland for 4 years, i first arrived here in a stundent visa, i got married to a brazilian guy here in Ireland and together we had a child here in ireland, the company where my husband works applied for a vork permet last year, and we also applied 2 years ago for a green card for that i do not renewed my visa thinking the process would be fast once there was somebody helpping us in the immigration,but it did not happen yet and i’m still wainting the green card process. it is in stand by in the immigration and i have a process number, i send a letter last month and they said the applications are dealt with in chronological order and they will be in contact in due course. My problem is… i’m not sure if i’m considered illegal here once i’m waiting for this process and also i had a son here, now i’m separeted from my husband for infidelity, i love this country and i do not want to go back to my country, but i do not want to continue “illegal” here, for my son i need to do something, please help me, what i have to do? I do not know if i have to continue waiting for these process and my “ex-husband” (separeted only in corps) said if here gets the work permit from the company he works (i work in the same company) i do not have rights about it, is it truth? I’m lost, worried for my son and willing to do the right thing. Please advice me what to do? I don not wanna live my home, Ireland is my and my son home now. Tyvm

  • John  On June 5, 2009 at 12:12

    I totally agree with Mary’s comment. I think it is very unfair and unjust for the Minister of Justice to be refusing applications for naturalization for non-nationals in Ireland on the grounds that they are unemployed due to the affects of the economic meltdown on jobs and the economy. I think the Department of Justice should seek a process where the past employment history of these non-nationals are taken into account. Surely, the Minister must be able to ascertain those who have always worked and paid taxes since their residence in the state but who lost their jobs due to the economic crisis and those who cannot find jobs due to the economic meltdown.

    But this act of discriminatory refusal of applications for Naturalization should stop because it is not right to act this way as a nation.

  • John  On June 9, 2009 at 12:29

    I also agree after my research of countries within the European Union that the Republic of Ireland is the only country that has not laid down a right of indefinite leave to remain or permanent residence under his domestic immigration law for non-nationals who have resided there for more than five years. It would seem to us that majority of those non-nationals who have been granted leave to remain in the country, are constantly being requested to pay €150.00 for the continuous renewal of their residence permits and also to pay €100.00 for a re-entry visa whenever they travel outside the country. This to us is exploitative and disproportionately unfair. Now we know why they have consistently refused to grant these non-nationals who have resided there for more than five years indefinite leave to remain because they are directly exploiting them. Some of these non-nationals have been resident in Ireland for more than ten years and are still subject to renewal of permits with pay. Most of them have been refused naturalization and the Irish authority continue to exploit them.How long would the Department of Justice continue to renew these permits for? And when would they introduce a right of permanent residence for those non-nationals who have resided there for more than five years?. When would the greed, selfishness and exploitative discrimination cease?.

  • HighPraise  On June 19, 2009 at 12:29

    Hello, i have found this site very enlightening.
    My husband had a green card in ireland which has been renewed regularly since we had our daughter in ireland 9 years ago. He failed to renew it for over a year until suddenly he had to rush back to Nigeria on an emergency (goes to nigeria regularly) and was told by Gard that bcos he had notrenewd his card for so long that despite the dire strait situation he was in resulting in emegency travel he would have to renew it in nigeria.

    He has been there since last year and they are asking for my proof of exercising eu treaty rights (i am uk Citizen) and proof of address i think. I am about to commence a 6month CIPD course this month in Dublin …does this meet requirements?

    Do they have the right to ask for such doc evidence apart from proof of family link (we have been married for 13 years)and what would you advise that we do before i go with him to Irish embassy in Abuja as a family to apply? Please help!!!

    • eumovement  On June 21, 2009 at 21:39

      Is there a particular reason he has been on a Green Card? Is there a reason you would want to keep him (specifically) on a Green Card, rather than shifting to 4EUFam?

      You need to take your UK passport, his passport, and your marriage certificate. Proof of exercising treaty rights comes when he applies for the 4EUFam card, not when he gets the visa (though the embassy may not know that).

      What does he have in his passport? Why don’t you just get on a plane and fly home to Ireland?

  • John  On June 23, 2009 at 16:21

    I read through the comment of Highpraise and felt I should drop a line. Most of the documentations being required by the Irish embassies and the dept. of justice in Ireland are illegal and in breach of EU-law. Once it is established that there exist a family link, they should normally issue the residence doc.
    As long as the union citizen is exercising Treaty rights in the host member state and the non-EEA family member can establish a family link, then the host member state must issue the permit. The difficulties you might face in Nigeria is with the Nigeria immigration authority who often lack knowledge of EU-law.Otherwise, if you were within the EU,I would have advised that you stop wasting you time with the Irish embassy in Abuja and just buy a ticket and fly to Ireland. But because of the possibility of being inconvenienced by immigration officers at the departure area in Lagos or Abuja, I would say you are better of giving them what they are requesting otherwise they would frustrate your journey.

    The way they implemented the entire citizens Directive is incorrect and that includes the right of permanent residence for EU nationals and their family members. If you check the requirements in the form for permanent residence, the same inapplicable documentations are being required. The law say after 5 years family members acquire the right of permanent residence-which is an independent right. But for a family member to be granted the right, Ireland say that the Union citizen must co-sign the application form. As if the right is still contingent or derivative after five years. Whereas the only grounds a family member can loose that right is if they reside outside Ireland for more than two consecutive years or they constitute a present threat to public security.Even the Departure, divorce and death of the Union Citizen under specific conditions does not affect the right of residence of family members. E.G, when the family member has resided in the host state with the Union citizen for one year in the presiding three years. So the question now is, why does the family member require any documentations from the Union citizen if their right of permanent residence is independent and unconditional.If they have acquired an independent right, surely, they do not require papers from the Union citizen. What if the Union citizen has left the state at the end of five years legal residence, would the DOj deny the non-EEA national the right of permanent residence for want of documentations or signature of the Union Citizen?. Rubbish.

  • John  On June 23, 2009 at 16:31

    They are just simply control freaks who spend all their thinking about how to exploit Non-nationals. Ireland is the only country within the EU that does not have a domestic right of indefinite leave to remain. What they call a right of permanent residence is five years residence document. When they can simply grant non-nationals who have resided there for five years a permanent residence permit renewable at the expiration of the applicants passport but granted in a written document as applicable in the UK and other EU countries. But they are greedy, selfish and racists in knowledge, approach and principles.

  • Mary  On September 12, 2009 at 15:28

    Hi John,
    May I make some correction to your statement. Ireland has a domestic right of indefinite leave to remain. This right is only granted after eight years of lawful residence in the state and it is unfortunately only granted to those who do not intend to apply for naturalization. It is not an entitlement as it is granted at the Minister for justice discretion. There is no right of permanent residence for non-nationals except those who are on work permit conditions-they are granted long-term residency.

  • John  On May 11, 2010 at 10:37

    This is a great day for justice, equality and fairness. The Advocate-General of the european court of justice gave its opinion today in regards to the case of the Secretary of state for works and pensions v Lassal that five years residency of Union citizens who have resided in a member state legally that ended prior to the transposition period must be taken into account in assessing the right of permanent resident and as a matter of fact, those union citizens are entitled to a right of permanent residence. Uray!!! Uray!!!. The injustice that was mitted out against me by the Department of justice, equality and law reform has again been unravelled.How Marvalous and sweet is it to have justice done at last. Free at last!!! Free at last!!! I thank God I am free at last.

  • Anonymous  On June 6, 2010 at 17:20

    Hi to everyone.
    I am a none EU national spouse of EU national,and I am a holder of a stamp 4. I have been living in Ireland for 10 years and never had a problem with papers until now.
    My Mother is having an operation (a very bad one, She mightn’t make it) and I need to go to my homeland within 3 days before the operation. But I have no time to apply for visa and not sure how to solve this puzzle.
    I am quite sure it is a nonsense to require a visa from people who legally resides in the state for more than 10 years and have his children born and studying at schools in Ireland. And I am aware of that I should have thought about applying for residency long time ago. I just hope I wont face any problems getting a visa in Irish Embassy. If some one have any suggestions, it would be appreciated

    • eumovement  On June 6, 2010 at 18:32

      What is your citizenship and that of your spouse? If you hold a stamp 4EUFam, you can come and go from Ireland without a visa. Why do you think this is a problem?

  • Hannes  On May 26, 2011 at 15:16

    Ireland does now seem to accept residence cards issued from other member states for the purpose of visa-free travel, see SI 146/2011,

    • Masterboy  On July 29, 2013 at 23:49

      But a lot of officials working at the airport (of Ireland) are not aware of this law and it can be problem at times. Any latest update on it? Thnx

  • amir  On October 5, 2011 at 22:57

    i have uk eufam visa my wife from latvia can i go ireland with out visa with my wife

    • EUmovement  On October 6, 2011 at 05:10

      As long as you have a Residence Card issued by another EU member state, you can travel to Ireland without a visa. Enjoy your trip!

  • sean McCarthy  On October 15, 2011 at 00:48

    Yes Ireland now accepts that holders of family residence cards issued by other member states are equal to visas as from April 2011.This change of position came about because I,an Irish Citizen took a Judical Review case against the Irish Government and forced them to change the law.They did not comply because they wanted to stop behaving unlawfully,my action forced them to comply.So I hope you will all enjoy the benefit and stand up for your rights.

  • Grace Hidalgo  On July 2, 2012 at 07:05

    Hi I’m so thankful I found this site… I hope someone can help me with my questions.. I am a non-eu unmarried partner of an Irish citizen exercising his treaty right here in the uk (he’s been working for 3years) we met Jan 2010 and have lived together since Oct. 2010, we now have a 6 month old son who holds an Irish passport. My student visa expires on Dec. 2012 and we are on the process of applying for a uk residence card based on our durable relationship. My questions are:
    1. What are the chances that I get approved a uk residency card?
    2. What do I need to do if we decide to move back to Ireland permanently?
    3. If I get a uk residency card will I be able to travel with my partner to othrr eu

  • Edward James  On June 30, 2013 at 20:47

    I am writing for the purpose of referring to the recent reference for a preiminary ruling made by Mr. Justice Hogan on the 5th March 2013 in the Case Record Number 2012/ 15 SP between Ewaen Fred Ogieriakhi v. Minister for Justice and Equality, Ireland, Attorney-General and An Post. This is a very interesting case in the sense that this plaintiff a Nigerian National has already been granted Irish citizenship and has been granted a right of permanent residence since the 7th November 2011 and because he brought claims in damages against the Minister for Justice, the Minister seems to now be trying to dispute the decision he made granting him the right of permanent residence on the basis that he should have resided in a common family home with his Union citizen spouse for a five years period and that the Union citizen spouse should have provided or paid for his accommodation for a putative five years period is total nonsense and otiose.
    This is an absolute waste of tax payers money and time. How does the Department of Justice think they are going to win such a case in the light of the numerous case-laws of the Court of Justice of the EU on this same subject matter is highly questionable. This is outright nonsense considering Diatta v Land Berlin, and some very recent judgments of that court which unequivocally decided that all a third country spouse has to shown to satisfy the conditions under Article 2(2)(a) of Directive 2004/38/EC is that he or she is a spouse. No other condition can be impose and same has been held to be same with the normal housing requirement which that Article does not impose. The Department will loose this case in its entirety. It is a same that the racist and discriminatory nature of that Department has been allowed to be displayed at the international arena in a case of this nature. This is a shame and a disgrace.

  • Edward James  On June 30, 2013 at 20:53

    Please find above the link for the judgment of Justice Hogan of the 5th Marxh 2013 in the Ewaen Fred Ogieriakhi’s case mentioned above.

  • Francis  On August 6, 2014 at 12:23

    Please I need a help, I was adopted in Spain, I’m holding a resident card issued by an eu citizen. (REGIMEN COMUNITARIO) can I visit Ireland with without a visa?

    • EU free movement  On August 6, 2014 at 13:23

      If you have a Residence Card for the family member of an EU citizen, then no visa is needed.

      • Anonymous  On September 11, 2014 at 10:27

        Hi, Eu free movement

        Now I am getting worried about my case, I submitted my EU 1 Family Residence card few days ago, I don’t know if below policy has been changed or not?

        “non-EEA family members must be residing in an another EEA state prior to the arrival to Ireland”

        I arrived in Ireland on Stamp 2 student visa in 2012, I have never resided in any EEA state before arrival to Ireland, but I married to my EU same sex partner in Sep 2014,

        We submitted our civil partnership certificate issued in Dublin, and proof of living together for more than half a year since Jan 2014, and my partner’s contract of being employed in Ireland since 2011, and his two recent payslips and most P60 as required on the application form, plus all the other documents they required, and I am still legally staying in Ireland under my stamp 2 student visa.

        I don’t know if I will get refused because I have never resided in an another EEA state prior to arrival, anyone can give an approximate answer?

      • EU free movement  On September 17, 2014 at 22:13

        As long as your partner is not Irish, there is no need to have previously lived in another EU member state

  • titilola awoyomi ogunode  On October 22, 2014 at 21:58

    hello my husband is a british citizen and i am a nigerian we plan going to ireland exercising his E U rights please how do we go about it thanks

  • mr saeed  On November 2, 2014 at 23:39

    Hi how r u im living in Bradford uk for last 10 years im uk nationality holder for 3years I want to move in ireland and want to sponsor my three children’s and wife they are in pakistan so can u plz tell me what irrish immigration requirements for this if uk national wants to sponsor his family outside the EU to ireland im very thankful of you

    • EU free movement  On November 7, 2014 at 11:21

      Wife needs just a martiage certificate. If kids are under 21 they require just birth certificate. Plus of course passworts for each

  • jhon  On November 21, 2014 at 17:16

    Dear Sir/Madam,
    I am the stepfather of a two year old child who has Polish Citizenship, with paperwork to confirm this besides his Polish birth certificate and passport
    The mother is of Indian nationality as I am as well. The father of the child lives and works in the UK and has passed over all rights of the child to myself and my wife, the mother, in the form of a notary of which I have the copy.
    I would like to know the processes of obtaining the required paperwork to reside in Eire, the requirements and qualifications thereof for residency as an EEA family and any restrictions that may be part of residency, in keeping with Indian Nationals parentage of an EEA 2 year old child.
    Your assistance in this matter would be of great help to us.

  • danielle  On December 2, 2014 at 11:52

    my husband is being deported from the uk to jamaica, can i go live in ireland and apply for a spouse visa for him to join me ?

  • jose  On December 14, 2014 at 14:21

    hi my wife is from Brazil and i am Spanish by the Spanish law my wife is not Spanish before she has been living in Spain for one year , can she live in ireland without visa?

    • EU free movement  On December 14, 2014 at 23:08

      Yes if you, the EU citizen, lives there also are you are working or self sufficient. You can move to any EU member state

  • kim  On December 22, 2014 at 13:01

    Dear Sir/Madam,
    I am the stepfather of a two year old child who has Polish Citizenship, with paperwork to confirm this besides his Polish birth certificate and passport
    The mother is of Indian nationality as I am as well. The father of the child lives and works in the UK and has passed over all rights of the child to myself and my wife, the mother, in the form of a notary of which I have the copy.
    I would like to know the processes of obtaining the required paperwork to reside in Eire, the requirements and qualifications thereof for residency as an EEA family and any restrictions that may be part of residency, in keeping with Indian Nationals parentage of an EEA 2 year old child.
    Your assistance in this matter would be of great help to us.

  • Anonymous  On January 13, 2015 at 15:45

    Dear Sir/madam,
    Could you please advice on regarding my daughter a British citizen, who is married for the last 4 months to a pakisitani national. She is residing in Pakistan with him and they would both like to come over to Ireland.
    What evidence/requirements are expected from them to make it possible for them to reside in Ireland.

  • Khurshid Khan  On April 30, 2015 at 15:30

    Hi, first of all, thank you so much for setup this great blog, excellent work. I need an advice, I would be grateful if someone guide me in this matter.

    I am a British citizen, live in Hong Kong, I am contemplating about how to move my spouse and four children to Ireland.

    Would it be better if, I go to Ireland alone, rent a house, find a job and then apply for type C visa for my family?, Or,

    Apply visa for family and we all go together to Ireland?

    Thank you so much.

    • EU free movement  On May 2, 2015 at 00:22

      There is no need. They must issue your family members a free visa now when you show marriage certificates and birth certificates of either your children or your spouses children

  • Anonymous  On February 26, 2016 at 14:16

    Hello, I’m a Colombian citizen who lives in London, I’m a Family Member of an EEU national, I’m planning to visit Dublin (Ireland) for a visit my Family Member won’t be traveling with me. Do I need to apply for a visa?

    • EU free movement  On February 28, 2016 at 21:54

      Do you have a “Residence Card” for family member of EU citizen issued by home office?

  • kamran  On March 1, 2016 at 18:58

    could anyboday help me please i am filling my eu1 residence card application form in ireland and i have a confusion about a section where it asks you ” Your status at the time of arrival in the state” i came through belfast with my eu brother and i had no status no visa so please let me know what shall i write? visitor, asylum seeker,family member of eu citizen,or other? please a soon answer will be apreciated. thanks all the members

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