EU Treaty Rights.

EEA Nationals & Swiss Citizens

The right of EU citizens to enter the State is provided under EU Law. Article 21 of the Treaty on the Functioning of the European Union (TFEU) provides that:

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

Directive 2004/38EC gives effect to the right to EU citizens and their family members to move and reside freely within the territory of the member states. This Directive is implemented in Ireland by the European Communities (Free Movement of Persons) Regulations 2015. Regulation 4(1) provides that.

A Union citizen who is in possession of a valid national identity card or passport as evidence of his or her nationality and identity may not be refused permission to enter the State unless he or she

(a) Is suffering from a disease specified in Schedule 1 or

(b) Represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine present and sufficiently serious threat affecting one of the fundamental interests of society.

Schedule 1 of Directive 2004/38/EC refers to diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation or other infectious of contagious parasitic diseases in respect for which special provisions are in operation to prevent the area of such diseases from abroad.

EEA national and Swiss citizens enjoy the same free movement rights as EU citizens.

We will be very happy to assist you in your application to join your EU national family member in Ireland – please contact us for further information.