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NEW DEVELOPMENTS FOR THE RIGHTS OF CITIZENS OF THE EU
Non EU spouses and family dependants now have the right to reside with their EU spouse provided the EU spouse is not residing in his/her national country.
Directive 2004/38/EC. European Parliament and Council 29/04/2004
This provides for the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States
This directive has been incorporated into Irish Law pursuant to European Communities ( Free Movement of Persons) ( No 2) Regulations 2006.
Spouses of a Union Citizen working and residing in Ireland can now apply for residence in Ireland subject to lawful residence in another EU member State prior to arrival in Ireland
The regulations apply to qualifying family members.
The interpretation of the extent of these regulations and the circumstances in which they apply is currently before the High Court and questions have been referred to the European Court of Justice by way of reference for their answers
The following is a short synopsis of the relevant regulations
Directive and Regulations
Directive 2004/38/EC
Art 7(1)(a)
All Union citizens should have the right of residence in the territory of another Member State for a period of longer than three months if they are workers or self employed.
Art 7(2)
Right of residence shall extend to family members who are not nationals of a Member State but are accompanying/joining the Union citizen.
