Whether you’re the spouse, civil partner, child, or dependent of an EU citizen living in Ireland, navigating visa and residency requirements can be complex — especially when applications for EU residence cards, visas, and retention of residence are involved.
At R&A Immigration Consultants, we specialize in supporting non-EEA family members who wish to join their loved ones in Ireland. We ensure the right permissions are in place and handle your application smoothly from start to finish.
Call us on +353 89 970 9212, email info@ra.ie, or fill in the Free Online Enquiry Form. You can also request a call back, and we’ll get in touch at a time that suits you.
Under EU Treaty Rights, family members of EEA or Swiss citizens may be eligible to join or accompany them in Ireland. These family members are divided into two distinct categories: Qualifying Family Members and Permitted Family Members.
Qualifying Family Members
Qualifying family members are those who have an automatic right to reside in Ireland with the EEA/Swiss citizen. This category includes:
- A spouse or civil partner
- A child or grandchild under the age of 21, including biological or adopted children of the EEA/Swiss citizen or their spouse/civil partner
- A child or grandchild over the age of 21 who is financially dependent on the EEA/Swiss citizen or their spouse/civil partner
- A dependent parent or grandparent of either the EEA/Swiss citizen or their spouse/civil partner
Permitted Family Members
Permitted family members do not have an automatic right to join the EEA/Swiss citizen in Ireland. Instead, they must apply for permission and demonstrate a close and dependent relationship. This category includes:
- A de facto partner
- Any dependent of the EEA/Swiss national
- A member of the household of the EEA/Swiss national
- A person who is medically dependent on the EEA/Swiss national due to serious health grounds and receives ongoing care
EU Treaty Rights do not extend to Irish citizens residing in Ireland. If you are an Irish citizen and wish for a non-EEA spouse or family member to join you in the State, you must apply for permission through the Immigration Service Delivery (ISD). If your family member is from a visa-required country, they must first obtain a Join Family Visa.
Since the UK left the European Union, EU Treaty Rights also no longer apply to UK citizens living in Ireland. From 1 January 2021, family members from visa-required countries who want to join a UK citizen in Ireland must apply for a long stay ‘D’ Join Family (UK National) Visa. Those who were living in Ireland before this date remain covered by the previous rules.
EU Treaty Rights refer to the rights of citizens of the European Economic Area (EEA) and Switzerland to move freely and reside within the member states, including Ireland, under EU law. These rights also extend to certain family members, allowing them to accompany or join the EEA/Swiss citizen in the host country.
Residency Rights in Ireland for EEA/Swiss Citizens
As an EEA or Swiss national, you are permitted to reside in Ireland for more than three months if you are engaged in one of the following activities:
- Employment
- Self-employment
- Study
- Other lawful purposes, provided you have sufficient resources to support yourself without becoming a burden on the State
Family Reunification Under EU Treaty Rights
EU Treaty Rights also protect the right to family life. This means your non-EEA family members—including a spouse, civil partner, children, or other dependants—may be entitled to join or accompany you in Ireland. These provisions aim to maintain family unity while supporting freedom of movement across the EU.
No — EU Treaty Rights no longer apply to UK citizens living in Ireland as of 1 January 2021. If you’re a UK citizen and want your non-EEA spouse or family member to join you, they must now apply for a Long Stay ‘D’ Join Family (UK National) Visa before travelling to Ireland. Already Living in Ireland Before 1 January 2021? If you or your family member were living in Ireland before the cut-off date, you may still be protected under the Withdrawal Agreement. In this case, you’ll need to update your Irish Residence Permit (IRP) card to reflect that you’re covered by these older EU Treaty Rights rules. At RA Immigration, we help UK citizens and their families navigate this post-Brexit landscape, ensuring you follow the right path based on your unique situation.
Family members fall into two categories:
1. Qualifying Family Members
These individuals are automatically entitled to join an EEA/Swiss citizen in Ireland:
Spouse or civil partner
Child/grandchild under 21 (including adopted children)
Child/grandchild over 21 who is dependent
Dependent parent or grandparent
2. Permitted Family Members
These do not have an automatic right but can apply for permission:
De facto (unmarried) partners
Extended family members who are dependent
Members of the same household
Individuals cared for on serious health grounds
Irish citizens living in Ireland are not covered by EU Treaty Rights. You must apply for a Spousal or Join Family Visa for non-EEA relatives.
UK citizens are also no longer covered by EU Treaty Rights (post-Brexit). As of 1 January 2021, their non-EEA family members must apply for a D Join Family UK National Visa, unless covered by the Withdrawal Agreement.
To move to Ireland or bring a family member under EU Treaty Rights, the process generally involves:
Applying for a Residence Card of a Family Member of a Union Citizen
Using the correct form, which differs for qualifying and permitted family members
Providing strong proof of your family relationship
Obtaining a long-stay visa if you are from a visa-required country
Residing in Ireland under EU Treaty Rights
Becoming eligible to apply for permanent residence after five years
Requesting a review if your application is refused