EU Treaty Rights- Residency

European Union citizens and EEA nationals have the right to remain in Ireland and have family members live in Ireland with them if certain criteria are met. ‘Family’ means your spouse, children under 21, civil partner, other children who are dependent on you and their spouses or civil partners, your parents and your spouse or civil partner’s parents, provided they are dependent on you.

The EU citizen may remain in the State for 3 months without restriction. If you plan on staying in Ireland for over 3 months you must be either:
-Employed or self employed in the State or;
-Be enrolled as a student or trainee or;
-Have sufficient resources and health insurance to ensure you will not be a burden on the State or;
– Be a family member of an EU Citizen in one of the above categories.

This area of law is derived from EU Directive 2004/38/EC which was brought into Irish law by the European communities (Free Movement of Persons) Regulations 2006 and 2008.

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.

About the author: Pádraig Murray