Information on the process

European Union (EU) counties:

There are 27 countries in the European Union: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden

Note: Although Ireland is in the EU, Irish citizens do not benefit from EU Treaty Rights in Ireland itself — only when living in another EU state.

🇮🇸🇱🇮🇳🇴 EEA (European Economic Area) – Includes EU + 3 Countries

The EEA extends free movement rights to non-EU countries that participate in the European single market:

1. Iceland

2. Liechtenstein

3. Norway

Citizens of these countries are treated the same as EU citizens under Irish EU Treaty Rights regulations.

🇨🇭 Switzerland – Special Agreement

• Switzerland is not in the EU or EEA but has a separate bilateral agreement with the EU that grants equivalent free movement rights.

So Swiss citizens are also included under EU Treaty Rights in Ireland.

Summary of Eligible Nationalities for EU Treaty Rights in Ireland:

• All EU Member States (27)

• Iceland, Liechtenstein, Norway

• Switzerland

EU/EEA Citizens – Residence Beyond 3 Months in Ireland

Under Directive 2004/38/EC, transposed into Irish law via the European Communities (Free Movement of Persons) Regulations 2015, an EU/EEA/Swiss citizen may reside in Ireland for more than 3 months if they are:

1.  Employed or Self-Employed Person

• Actively employed or running a business in Ireland.

• This includes part-time or full-time work.

• No minimum income threshold, but work must be genuine and effective.

2.  Self-Sufficient Person

• Has sufficient resources to avoid becoming a burden on the Irish social assistance system.

• Must have comprehensive sickness insurance (private health insurance covering themselves and their family members).

3.  Student

• Enrolled in an accredited or State-funded educational institution.

• Must:

  • Have comprehensive health insurance

  • Have sufficient financial resources (proof may include bank statements, scholarship letters, etc.)

Exercising EU Treaty Rights

As long as the EU/EEA/Swiss citizen meets one of these conditions, they are considered to be exercising EU Treaty Rights in Ireland.

This entitles them to:

• Reside in Ireland legally

• Sponsor qualifying non-EEA family members to join them under the EU1 application process

• Secure a Stamp 4 EUFAM residence card for those family members

90-Day Window for EU/EEA Citizens in Ireland Accompanied by Non-EEA (e.g. South African) Family Members

When a the non-EEA dependants arrive in Ireland with or to join the EU/EEA or Swiss passport holder, they have 90 days to:

Establish and Prove the Following:

1. They Are Exercising EU Treaty Rights

The EU citizen must show that they are:

• Employed (with a job contract, payslips, employer letter)

• Self-employed (with tax registration, business invoices, etc.)

• Studying (proof of enrolment + private medical insurance + sufficient funds)

• Self-sufficient (bank statements, pension/investment income + private medical insurance)

2. Proof of Irish Address

• Recent rental agreement, utility bills, or accommodation letter

• Must show where the EU citizen and their family are living

3. Proof of Identity

• EU citizen’s passport

• Non-EEA dependants’ passports

• Copy of immigration entry stamp from arrival in Ireland (for non-EEA family)

4. Proof of Relationship to Dependants

Depending on the family member, this may include:

See The 4 Routes of the EU Treaty in detail

See Who is a dependant of the EU Member in detail

See What proofs are required in the application

Applying for Residence in Ireland Under EU Treaty Rights (For South African Dependants)

After Sending Your Application:

• Once your documents are submitted to the EU Treaty Rights Division with all required proofs, you may be contacted by mail if additional documents are needed.

• If all is in order, you’ll typically receive a decision letter within 12 weeks. This letter grants temporary permission to stay, commonly known as the Temporary Stamp or Temp Stamp4EUFAM.

• Important: This temporary endorsement does not guarantee approval of your residence card. That will be determined once your application is fully processed.

• You must submit your application before the 90-day entry stamp in your passport expires.

If the 90-Day Stamp is Nearing Expiry:

• If you’ve already submitted your application and the 90 days are close to expiring:

  • Email: EUtreatyrights@justice.ie

• If you have proof of submission (e.g., registered post receipt), generally, you can wait for a response without taking further action.

After Temporary Permission is Granted:

• Once you receive the letter approving temporary residence:

  • You can now visit Garda Immigration to get your Temporary Residence card.

  • The South African family member is now allowed to seek employment.

Full 5-Year Residence Permission:

• If the EU/EEA family member continues to meet requirements (e.g., working, studying, or self-sufficient), the dependant will eventually be granted a 5-year Stamp4EUFAM and receive an IRP card (Irish Residence Permit).

• This typically happens 6–12 months after the initial application.

6 Months prior to expiry of the 5-year Stamp4EUFAM 

A new application must be applied for called the EU3 in order to extend the residency permission of all Non Eu family members for a further 10 years. This must be in place in order to apply for Naturalisation (this can depend on the dates of approval of the Stamp4EUFAM and the current processing times of Naturalisation).

Naturalisation:

• After 5 continuous years of meeting the conditions and remaining in Ireland (with verifiable proof), both the EU/EEA citizen and their dependants may become eligible for Irish citizenship.

Keeping Information Updated:

• You must inform the EU Treaty Rights Division of any changes, such as:

  • Change of address

  • Change in employment status (e.g., employed to studying/self-sufficient)

  • Change in the EU/EEA sponsor’s circumstances

Appointments and In-Person Requirements:

• When attending for the Temp Stamp or the 5-year Stamp4EUFAM, all family members must go together with:

  • Proof of address

  • Passports

  • The letter from the EU Treaty Rights Division

• Some Garda offices also ask for proof of the EU/EEA citizen’s employment, such as a letter from their employer confirming ongoing work.

• Go to our page on Garda Registration here on how to book and documents needed

Moving to Ireland to live, work, study, or be self-sufficient: In Detail here

See Who is a dependant under EU Treaty to know what form to fill out for each dependant member: In detail here

We have detailed Mock-ups of these application forms:

• MOCK-UP EUTR1(EU1) form- Qualifying Members
• MOCK-UP EUTR1A (EU1A) form- Permitted Members

Summary of the Directive (EU Treaty) in summary and with printable option of the Relevant parts of the EU treaty

Starting a business in Ireland- Stamp4, Stamp4EUfam and Stamp5

EU treaty step by step once you are in Ireland: In detail here

What to do in cases where things change: Death or disability of the EU sponsor, or Divorce and Separation: In detail Here

Permanent residency and Naturalisation: In detail here

British and SA – prior to Brexit 31st December 2020 under the Withdrawal Agreement: In detail here