Explanatory Leaflet For Form EUTR1A
Explanatory Leaflet For Form EUTR1A
Please read the information below carefully before you submit your application.
Who is this form for?
This form is to be used by each non-EEA national applying to be treated as a permitted family
member of an EEA national under the European Communities (Free Movement of Persons)
Regulations 2015, as amended, where the applicant and the EEA national are intending to reside
in the Republic of Ireland (the “State”) for a period greater than 3 months in the following
circumstances:-
Form EUTR1A may also be used by each non-EEA national family member of a United Kingdom
national applying to be treated as a Permitted Family Member of a United Kingdom national under
the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 and the relevant
provisions of the 2015 Regulations. References to EEA national in the form and this leaflet shall
be deemed to also apply to a United Kingdom national who satisfies the relevant criteria under
the Withdrawal Agreement.
A qualifying family member of an EEA national should not submit an application on Form EUTR1A
but instead should apply on Form EUTR1, which is available on the Immigration Service Delivery
(ISD) website at https://www.irishimmigration.ie
What does civil partner mean in the context of qualifying family member?
A civil partner for the purpose of the qualifying family member definition above refers to same
sex civil partners. Civil partnerships entered into before the commencement of the Marriage Act
2015 may apply using Form EUTR1 while civil partnerships entered into after the commencement
of the Marriage Act 2015 may apply using Form EUTR1A.
If you are unsure as to which form you should complete, you can contact EU Treaty Rights Division
by email at [email protected] before you complete and submit your application.
An EEA national residing in the State exercises their rights under the Regulations and the
Directive by engaging in one of the following activities, as outlined in Regulation 6(3) of the
Regulations. The EEA national must be engaged in one or more of these activities in order for a
family member to qualify for residence under EU Treaty Rights. These details must be provided
in Section 5 of the application form.
A. Employment
Where the EEA national is working for an employer in the State. This may include vocational
training programmes and some non-proprietary directors of a registered company.
B. Self-employment
Where the EEA national is a sole trader, engaged in a business partnership, or is a proprietary
director of a registered company operating in the State.
C. Involuntary unemployment
Where the EEA national has been employed in the State for more than one year but has become
involuntarily unemployed, and has registered as a job seeker with a relevant office of the
Department of Social Protection.
Directive 2004/38/EC on the right of citizens of the Union and their family members to move and
reside freely within the territory of the Member States (the "Directive") is given effect in Ireland by
the European Communities (Free Movement of Persons) Regulations 2015, as amended (the
"Regulations").
The Directive and the Regulations apply to citizens of the European Union, citizens of EEA
Member States and citizens of Switzerland who move to or reside in a Member State other than
that of which they are a national, and to their family members who accompany or join them.
Under Regulation 5 of the Regulations, a permitted family member of a Union citizen seeking to
reside on that basis should apply to the Minister for Justice to be treated as a permitted family
member. If a decision is made that a person can be treated as a permitted family member, the
Minister will then consider if that person has a right to residence under Regulation 7 of the
Regulations.
If a decision is made that you are to be treated as a permitted family member of an EEA
national, you may be provided with an immigration stamp that will be valid for the period of the
residence card application process. This will enable you to remain in Ireland during this period.
If you have a change in circumstances while your application is being processed, for example:
If you change your personal details (your name or family status)
If your contact details change (your address or representative)
If there is a change in other circumstances (your EEA national family member leaves Ireland)
If there is a change in the activities of your EEA national family member
you must inform EU Treaty Rights Division in writing immediately either at the postal address
below or by email to [email protected] and provide any relevant supporting
documentation. Failure to do so may result in your application being refused. Please include
your Person ID and your Application Reference on any written or email communication.
.
The onus is on an applicant to keep EU Treaty Rights Division updated regarding his/her
circumstances and to submit any relevant supporting documents in relation to new
circumstances. Any person seeking to assert rights or entitlements under the Regulations is
under an obligation to ensure that they comply with all appropriate provisions of the Regulations.
Failure to comply may result in the person being guilty of an offence or offences as provided for
Explanatory leaflet for Form EUTR1A (2022-03) - Page 3 of 16
in Regulation 30 of the Regulations of 2015 and Regulation 21 of the Regulations of 2020, and
that person may be liable to the sanctions set out therein.
Please ensure that all required documents are submitted with your application form. A decision will
be made on your application based on the information contained in your application form and the
supporting documents which you submit. No further information or documentation will be requested.
The onus is on you, the applicant, to submit the necessary evidence to support your application. To
avoid delay, please observe the following:-
You must complete a separate application for each non-EEA national family member, including
each child under 18 years of age.
Please complete this form in CAPITAL letters
Please ensure to leave a space between each word
You (or the EEA national) must place a tick () in the boxes that are relevant to your application
You and the EEA national must complete in full all sections of this form which are relevant to you
You must submit photocopies of supporting documents for each application. Please refer to the
section below titled “What documentation is required to support an EUTR1A application”. No
original documents should be sent with your application form.
If you or the EEA national are unable to provide any of the information requested at this time,
please explain the reason in writing and enclose with this application.
Both the applicant and the EEA national must sign the Data Privacy Notice on page 6.
You must send your completed application form and any supporting documents you wish to provide
by post to the address below
Permitted Family Member Assessment
EU Treaty Rights Division
Department of Justice
Immigration Service Delivery
13/14 Burgh Quay,
Dublin 2, D02 XK70
Your application may be delayed if you do not send it by post to the address listed above
We recommend you send your application by Registered Post
If you choose to send your application by registered post you can track it on the An Post website,
www.anpost.ie
All information provided will be treated in confidence but may be disclosed to other
Government Departments, agencies, the Garda Síochána, local authorities, foreign
governments or other bodies under Section 8 of the Immigration Act 2003 and Regulation
26 of the European Communities (Free Movement of Persons) Regulations 2015, for
purposes connected to the application and derived benefit, where applicable
Both the Directive and the Regulations allow for extensive examination of the personal
circumstances of applicants. EU Treaty Rights Division requires the information requested
in the application form to assist in conducting a full and complete examination of an
application.
EU Treaty Rights Division fully respects an applicant’s right to privacy. Personal details will
be treated with the highest standard of security and confidentiality and strictly in accordance
with appropriate Data Protection legislation.
An applicant does not have to provide the information requested by EU Treaty Rights
Division. However failure to provide some or all of the required information and/or
documentary evidence requested by EU Treaty Rights Division may have an adverse effect
on the outcome of an application.
The Data Privacy Notice must be completed, signed and dated by both the applicant and the
EEA national.
Data Privacy Notice (non-EEA national applicant and EEA national) on pages 3 to 6.
Sections 1 to 4 must be completed by the non-EEA national applicant
Section 3 – Applicant’s document and evidence checklist on pages 31 and 32
Section 4 – Applicant Declaration on page 33
Section 5 to 8 must be completed by the EEA national
Section 7 – EEA national’s document and evidence checklist on pages 50 and 51
Section 8 - EEA national’s Declaration on page 52
Appendix A, if applicable, should be completed by an EEA national who is exercising EU Treaty
Rights on the basis of employment in the State
Appendix B should be completed by the employer of the EEA national who is exercising EU
Treaty rights on the basis of employment in the State
Annex C, available on our website, may be completed and attached to an application to record
details of a spouse, civil partner, child or carer of the applicant and/or of the EEA national as
required.
This section relates to the applicant’s personal details including the applicant’s identity details,
contact details and details of the applicant’s relationship with the EEA national and must be
completed fully by the applicant.
Section 1C Partners
This section must be completed if an applicant is in a durable (long-lasting) relationship with the
EEA national but the applicant is not the spouse or civil partner of that EEA national. The
applicant must provide details of the following:-
their relationship with their EEA national partner such as how and when the relationship
began and progressed;
details of cohabitation with their EEA national partner in another country if applicable;
future relationship plans,;
details of any application, current or past, to marry in Ireland or any other country;
details of a previous marriage or civil partnership of either the applicant or the EEA national,
including details of when the marriage or civil partnership ended;
details of any children of the applicant and/or the EEA national.
Annex C should also be completed and submitted with the application form, if applicable (see Q
1.44). If additional space is needed, Annex C (available on EU Treaty Rights web page) can be
completed and enclosed with the application form. Documentary evidence, as appropriate, must
also be submitted to support the details furnished in this section.
This section must be completed in full by an applicant who is claiming to be a dependent and/or a
member of the household of EEA national. Documentary evidence of dependency or membership
of the household, as appropriate, must also be submitted.
Details must be furnished of any financial support from the EEA national including the frequency
and duration of this support as well as details of the applicant’s other sources of income and
support, living arrangements and living expenses before coming to Ireland.
Details of any financial support from the EEA national including the frequency and duration of this
support must be furnished as well as details of the applicant’s current sources of income or other
financial support, living arrangements and living expenses since coming to Ireland.
Details must be furnished of any emotional or physical support either currently or previously
received from the EEA national as well as details of any family in the applicant’s home country or
country from which they have lived in prior to coming to Ireland.
This section should be completed by an applicant who is a relative of the EEA national, or of their
spouse or recognised civil partner, and who is claiming to strictly require the personal care of the
The applicant must furnish details of the specific health grounds concerned as well as the nature
and level of personal care required from the EEA national. If an applicant is receiving, or has in
the past received, personal care from any other person or organisation, these details should also
be furnished.
Annex C should also be completed and submitted with the application form, if applicable (see Q
1.94). If additional space is needed, Annex C (available on EU Treaty Rights web page) can be
completed and enclosed with the application form.
This section asks about any criminal convictions an applicant may have in Ireland or in any other
country as well as about any involvement in war crimes, genocide, crimes against humanity or
terrorism. An applicant must also provide details of their immigration history in Ireland or in any
other country.
If additional space is required, the relevant sections can be copied. All completed sections must be
enclosed with Form EUTR1A.
Unless otherwise specified, original documents must not be submitted. Photocopies of the
documents listed is sufficient.
Identity documents and civil certificates should be photocopied in colour and photocopies should
include all pages (including blank passport pages).
If an applicant wishes to submit any documents that are not in English, the document must be
translated by a qualified professional translator. The translator must confirm in writing on the
translation
o that the translation is a true and accurate translation of the original document
o the date of the translation
o the full name and contact details of the translator or representative of the translation
company
Multilingual standard forms of certain public documents, civil certificates issued within the
European Union may be available without the necessity to obtain a certified translation. For
further details, visit the following webpage:- https://e-justice.europa.eu/551/EN/public_documents
Immigration Service Delivery will not provide written correspondence acknowledging each
document submitted with an application.
A decision will be made on the application based on the information in the application form and
any supporting documents submitted with the form.
Section 4 Declaration
This section provide a Declaration which an applicant must read before signing and dating it. The
Declaration cannot be signed by a representative of the applicant or some other person acting on
the applicant’s behalf.
If an applicant is under 18 years of age, the Declaration may be signed by the applicant’s parent or
guardian.
If the Declaration is submitted unsigned, the Declaration will be returned to the applicant and the
application will not progress further until the signed and dated Declaration is received.
Other details requested include details of current entry date to the State and previous visits to the
State by the EEA national as well as destinations after departure from Ireland, if applicable. The
EEA national is also requested to furnish details of any current or previously sponsorship of any
other EU Treaty rights applications or permissions in Ireland or any other EU Member States or
the United Kingdom.
Section 5A Activity of the EEA national in the country from which they
have come
In this section, the EEA national is asked to must provide details of their activities (i.e. whether in
employment, self-employed, residing with sufficient resources, studying or involuntarily
unemployed) and living arrangements in the country from which they have come prior to arriving in
Ireland). The EEA national must complete all section(s).
Annex C should also be completed and submitted with the application form, if applicable (see Q
5.36 and 5.39). If additional space is needed, Annex C (available on EU Treaty Rights web page)
can be completed and enclosed with the application form. Supporting documentation should be
submitted as appropriate.
In this section, the EEA national must specify how they are currently exercising their EU Treaty
rights in the State and must fill out the appropriate section(s) – Section A to D.
A. Employment
This section must be completed by an EEA national who is residing in the State and is currently in
employment in the State. Details are requested in relation to this employment including the nature
of the business, employer contact details, employment contract and income details.
B. Self-employment
This section should be completed by an EEA national who is residing in the State and is currently
self-employed in the State. Details are requested in relation to this self-employment including the
nature of the business, services provided, business trading details including registration and tax
returns and operation costs.
This section must be completed by an EEA national who is residing in the State and is currently
unemployed, having become involuntarily unemployed after a period of employment in the State.
Details of the most recent employment including contact details for the employer and the
circumstance of unemployment, details of registration with the Department of Social Protection
(DSP) and payments from DSP, if applicable.
This section must be completed by an EEA national who is residing in the State with enough
financial resources so as not to become a financial burden on the State.
This section asks about any criminal convictions the EEA national may have in Ireland or in any
other country as well as about any involvement in war crimes, genocide, crimes against humanity
The information requested in this section is not limited to the period that an EEA national has held
Union citizenship.
If additional space is required, the relevant section(s) can be copied and all completed sections
enclosed with Form EUTR1A.
Failure to answer all of these questions as fully and accurately as possible may result in an
application being refused. It is an offence under Regulation 30 of the European Communities (Free
Movement of Persons) Regulations 2015 to make a statement that is known to be false or
misleading.
This section provides a checklist of documentary evidence that may be submitted by the EEA
national in support of an application. The EEA national must complete the checklist in this section
by placing a tick () in the relevant boxes to show what documents are being submitted with the
application.
Unless otherwise specified, original documents must not be submitted. Photocopies of the
documents listed are sufficient.
Identity documents and civil certificates should be photocopied in colour and photocopies should
include all pages (including blank passport pages).
Any documents submitted that are not in English must be accompanied by a certified translation
by a qualified professional translator. The translator must confirm in writing on the translation
o that the translation is a true and accurate translation of the original document
o the date of the translation
o the full name and contact details of the translator or representative of the translation
company
A photocopy of the original document must be submitted with the certified translation of the
document.
The EEA national must read the Declaration in this section, which must be signed and dated by
the EEA national. The Declaration cannot be signed by a representative of the EEA national or
other person acting on behalf of the EEA national.
If the Declaration is submitted unsigned by the EEA national, the Declaration will be returned to
the applicant and the application will not progress further until the signed and dated Declaration is
received as appropriate.
Appendix A asks about the EEA national’s current employment details, including employer details,
evidence of wages and type of employment contract.
If the EEA national currently has more than one employment, both Appendix A and B should be
copied. The EEA national should complete Appendix A for every current employment and enclose
with the application.
The EEA national should provide proof of income or salary in respect of each employment. Wage
slips for the last three months and bank statements showing receipt of income should be provided.
The EEA national should be aware that failure to answer all of these questions as fully and
accurately as possible or providing any false or misleading information or fraudulent supporting
documentation may result in the refusal of the application.
Immigration Service Delivery may contact the employer(s) to verify the information provided.
Appendix B must be completed in full by the EEA national’s current employer and submitted with a
completed application form. It must be signed, dated and, where applicable, stamped by the
employer of the EEA national. If the EEA national has more than one employer, a separate
Appendix B must be fully completed in respect every employment and enclosed with the
application.
Immigration Service Delivery may contact the employer(s) to verify the information provided.
If home-owning:
Letter from mortgage provider, local authority or County Council
Title or deeds as applicable
Utility bills for the applicant and the EEA national
(e) Evidence of previous activities of the EEA national in the country from which they have
come
If the EEA national was in employment or was unemployed:
Letter from last employer stating period of employment and circumstances of termination of
employment
Payslips from last employment
Statement of taxes paid in the last financial year when working
Evidence of financial resources and corresponding bank statements
(f) Evidence of residence of applicant and EEA national in the country from which they
have come
For each address where renting:
Letter from landlord/agency or tenancy agreement
A utility bill for the applicant and the EEA national for each year of residence
Note: If for any reason an applicant and/or EEA national cannot supply some or all of the required
documentation above, a written statement explaining why should be included with the application.
Provision of some or all of the above documentation is not a guarantee of a successful application.