Dáil Éireann Debate, Wednesday - 7 July 2021
108. Deputy Gino Kenny asked the Minister for Justice if the right of the family members of EU citizens under EU Directive 2004/38/EC to accompany an EU citizen exercising their free movement rights in Europe includes the right to accompany an EU citizen to Ireland, in this case the spouse of the EU citizen; and if she will make a statement on the matter. [36634/21]
View answerArticle 5(1) of EU Directive 2004/38/EC provides for the right of entry of an EU citizen into the territory of another Member State on production of a valid identity card or passport and for their qualifying family member, in this case the spouse, who is not a national of a Member State to enter their territory with a valid passport. This is provided for in Irish law under Regulations 4(1) and 4(2) of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015).
If the EU citizen is coming to the State to exercise their free movement rights, their qualifying family member may require an entry visa, if they are a national of a visa required country for Ireland. Article 5(2) of the EU Directive provides for this and it has subsequently been transposed into Irish law under Regulation 4(3)(a) of the Regulations of 2015. These visas will be issued free of charge. The only exception to this requirement is where the EU citizen has already exercised their rights in another Member State, that is not their own, and their qualifying family member has been issued with a residence card in accordance with Article 10 of the EU Directive 2004/38/EC.
Once they have entered the State, the Union citizen and their accompanying family member must satisfy the relevant residence requirements set out in the Regulations and domestic immigration requirements.
