EU Treaty Rights – Immigration Law

One of the most common applications we do for people here at Joyce & Co Solicitors are applications based on EU law.

Citizens of countries in the EU are entitled to move to and take up employment in other EU countries. Once you move from one EU country to another, you are said to be an ‘EU worker’. Many rights are conferred on EU workers, but most importantly to us, you will have the right to have your non-EU family members reside in Ireland with you.

This does not apply to Irish people as you must have moved from one EU country to the next to be an EU worker. We deal with many applications for people from non-EU countries where they are applying to join their family member in Ireland, who is from another EU country for e.g. France or Spain, but is working in Ireland.

The first step we take when completing one of these applications, is to assess your relationship with the EU worker. There are two main types of applications, one for non-EU nationals who are a qualifying family member of an EU citizen and one for non-EU nationals who are permitted family members of an EU citizen.

You are a qualifying family member if you are:

  • The spouse/civil partner of the EU citizen;
  • The child or grandchild of the EU citizen or of their spouse/civil partner and you are aged under 21 or you are dependent upon them;
  • The dependent parent or grandparent of the EU citizen or of their spouse/civil partner.

You are a permitted family member if you are, in the country from which you have come:

  • The dependent family member of the EU citizen;
  • The family member of the EU citizen’s household;
  • The family member of the EU citizen and you strictly required their personal care on serious health grounds;
  • The de facto partner of the EU citizen in a serious relationship.

After our initial consultation with you, we will send you a full letter of advices detailing your scenario and all of the options available to you and the steps you must take. We will then work with you side by side on the application process which is quite lengthy and requires attention to detail.

There is a lot of documentation to be gathered and the application must be 100% factually accurate.

If your application is successful and you go on to live in Ireland for a period of five years, you can then apply for a permanent residence card. Similarly, if your application is based on your marriage or civil partnership to an EU citizen and you go on to divorce your spouse, there is an option open to you to retain your residence card.

We are experienced immigration solicitors and would be delighted to help you with your situation. If this is something that interests you and you would like to have a consultation with our immigration team, please give us a call on 021-4270391 or email info@joycecosolicitors.com