EUTR5 Retention of Residence Rights

An EUTR5 retention of residence application allows an eligible non-EEA family member to seek continued residence in Ireland on an individual and personal basis after certain changes involving their EU, EEA or Swiss family member.

Relevant changes can include the death or departure of the EU family member, a legally completed divorce or dissolution, or particularly difficult circumstances such as domestic violence. Different legal and evidential requirements apply to each route.

Separation alone does not normally establish eligibility under the divorce route. The divorce, annulment or dissolution must generally be finalised before an application can be considered on that basis.

MWeds assesses the applicant’s circumstances and existing EU Treaty Rights permission, identifies the applicable retention category, provides tailored document instructions and prepares the paper EUTR5 application for submission to Immigration Service Delivery.

If an EUTR5 application has been refused or not accepted, the applicant may instead need to request an EUTR4 review within the applicable deadline.

Eligibility

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• The applicant must be a non-EEA national living in Ireland.
• They must previously have held residence rights as the family member of an EU, EEA or Swiss citizen.
• A separate EUTR5 application is required for each applicant, including each relevant child under 18.
• The applicant must qualify under one of the recognised retention categories.
• The applicant must provide evidence of the family relationship, previous residence permission and relevant change in circumstances.
• Evidence of the EU family member’s residence and qualifying activities may be required up to the relevant date.
• The applicant’s present employment, self-employment, involuntary unemployment or financial self-sufficiency may also need to be documented.
• The applicant must disclose any relevant changes occurring while the application is being considered.