EU 2 Form Citizens permanent residency Application

Hi guys,

My wife EU citizen would like to apply for permanent residency in Ireland ..EU 2 Form

we are wondering when she can do it .

A well know lawyer firm in dublin told us 2 years ago that both EU and Non EU citizens could apply after 4 year 6 months in Ireland. is this still valid ?

Or do every each need exactly to do 5 years before we can apply ?

broli wrote:Hi guys,

My wife EU citizen would like to apply for permanent residency in Ireland ..EU 2 Form

we are wondering when she can do it .

A well know lawyer firm in dublin told us 2 years ago that both EU and Non EU citizens could apply after 4 year 6 months in Ireland. is this still valid ?

Or do every each need exactly to do 5 years before we can apply ?

The lawyer you refer to does not appear to be familiar with EU law.

The EU-related regulations & paperwork in Ireland have been updated this year so whatever the 'well-known' lawyer may have once said is sure to be out of date.

PR is a right derived from Directive 2004/38/EC & it is EU-wide.
There is no special category for Ireland and no 6 months 'discount' for acquiring PR.

See http://www.inis.gov.ie/en/inis/pages/eu ... y%20rights

You can get up to speed on what free movement & treaty rights is all about here - may be of interest to well-known lawyer:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

An applicant can apply for confirmation of PR when they meet all requirements;
this includes them (or their sponsor) as a qualified person exercising treaty rights continuously, for 5 years.

Also any absences from the country must have been within prescribed limits to maintain continuity of residence in the state,

Thanks for those valuable resources

I was wondering if i could charges them back given the gave me wrong information for a 150 euro consultation

I trusted as they seemed very experienced in EU treaty and had a lot of articles about their dealing with Eu treaty right cases on court.

It was written a paper that i kep not signed indeed .

broli wrote:Thanks for those valuable resources

I was wondering if i could charges them back given the gave me wrong information for a 150 euro consultation

I trusted as they seemed very experienced in EU treaty and had a lot of articles about their dealing with Eu treaty right cases on court.

It was written a paper that i kep not signed indeed .

Sounds like a scam.
Not sure what you can do after 2 years.

Suggest keep good lawyers in reserve for complex cases.
There is plenty of good quality information & guidance available for free - on WWW (as linked above) and in places like this forum.

Maybe you had already been in the country for 6 months so they meant there was 4years 6months left before acquiring PR.

Anyway whatever someone said, PR takes 5 years of treaty rights to be acquired.

Good luck.

Hi

It's clearly written on the document i request the lawyer to write ,

there's the date of Arrival written and suggested date of application for EU 2 Form clearly hand written

by then i was on my second year in Ireland

Thank you very much for reply and ressource

noajthan wrote:Maybe you had already been in the country for 6 months so they meant there was 4years 6months left before acquiring PR.

Anyway whatever someone said, PR takes 5 years of treaty rights to be acquired.

Good luck.

You are technically right as a matter of EU law.

But Ireland has a system that is like a national law concession, that permits non EU national to apply 6 months before their residence stamp expires.

But this applies to Non EU and not EU national.

The purpose of this, is the department takes 6 months to process these applications and they possibly want to maintain the person's residency during the application.

Unfortunately Irish law, contrary to EU law, makes failure to apply for or renew residence or permanent residence rights a criminal offense.

Obie wrote:You are technically right as a matter of EU law.

But Ireland has a system that is like a national law concession, that permits non EU national to apply 6 months before their residence stamp expires.

But this applies to Non EU and not EU national.

The purpose of this, is the department takes 6 months to process these applications and they possibly want to maintain the person's residency during the application.

Unfortunately Irish law, contrary to EU law, makes failure to apply for or renew residence or permanent residence rights a criminal offense.

Thank you for clarifying.
I stand corrected on this important detail for non-EEA nationals in Ireland.

In actual fact it is really not a concession . Ireland takes 6 months to process residence card application.

Therefore making non EU person apply 6 months before their visa is not a concession according to the strict meaning of the word, as they would have qualified anyway under EU law.