Pursuant to EU law (Directive 2004/38/EC) EU citizens enjoy the right of free movement, which includes the right to reside in the State, provided certain conditions are complied with. The non-EEA national family members of an EU citizen who is exercising EU Treaty Rights enjoy a derivative right to reside in the State.
EU citizens exercising EU Treaty Rights are not required to register their presence in the State. However, their non-EEA national family members must apply for permission. We provide legal advice in relation to the process and can assist with applications. Where an application is refused, there is an entitlement to a review of the decision. We can also provide legal advice in relation to this and can assist in submitting a review application. Where a delay arises in relation to the issuing of a decision, we can assist in the making of representations. Legal advice and representation in relation to other remedies, where appropriate, can also be provided.
If you are the non-EEA national family member of an EU citizen who is exercising EU Treaty Rights and you are from a visa required country, we can assist in the making of a visa application under an accelerated process. We also provide legal advice and assistance in relation to applying for permanent residence or retention of rights under Directive 2004/38/EC. Certain other rights may also arise pursuant to EU law, rather than under Directive 2004/38/EC, and we can advise in relation to this and assist in the making of applications where appropriate.
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