11th September 2019

We have recently been contacted by clients who have a right of residence in Ireland as non-EEA family members of British citizens. Family members were concerned about potential changes to their current right to reside under EU Treaty Rights rules once the UK leaves the EU.

Non-EEA family members currently hold ‘EU Fam cards’ issued by the Irish authorities based on their relationship to their British family member. The Department of Justice and Equality contacted holders of EU Fam residence cards advising them that “transitional arrangements” are being put in place in the event of a no-deal Brexit scenario however we were unsure as to what those arrangements would look like.

The Department has since provided further guidance noting that ‘transitional arrangements are being put in place for non-EU/EEA family members of British citizens who have been exercising Free Movement rights here up to 31 October 2019 to facilitate their transfer under domestic immigration arrangements to provide for their continued residence in the State. Insofar as possible, the objective is to retain similar rights to those that you would have enjoyed as a family member of an EU national including access to the labour market.’’

If an application for residency under EU Treaty Rights is still being processed no specific action is required from the applicant.

Applicants are advised to update the EU Treaty Rights office if there is any change to their circumstances including a change to the relationship status with their British citizen family member and/or including a change of address. For more information or to update the department on any changes, applicants can contact: eutreatyrights@justice.ie

Sarah Henry

Director of Immigration

Solicitor Sarah.henry@graniteimmigrationlaw.com

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