EU Treaty Rights

‘EU Treaty Rights’ is the phraseology used in Irish law and practice in relation to the free movement rights of EU citizens and their EU and Non-EU national family members. EU Treaty Rights derive from EU Law, particularly from Article 21 of the Treaty on the Functioning of the European Union

Article 21(1) of the Treaty on the Functioning of the European Union provides that:

“Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.”

Directive defines a ‘family member’ of EU citizen as:

• Spouse & contracted registered partnership (i.e., Civil Partners in Ireland);
• Direct descendants who are under the age of 21;
• Direct descendants who are dependant (if 21 or older);
• Dependant direct relatives in the ascending line.

If you are a family member of an EU citizen who is exercising treaty rights in Ireland, you may make an application under directive 2004/38/EC and have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising free movement rights.

We specialize in EU Treaty rights applications, if you are a family member of an EU citizen living abroad and would like to make an application to join family, or you are living in Ireland with your EU citizen spouse and not sure where to start from, contact us and we will guide you and make and application on your behalf.

Have a question? Book a consultation today and we will answer all questions you may have.