EUTR5 Retention of Residence Rights
Overview
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
- 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.
Who Can Apply?
You may apply for EUTR5 Retention of Residence if you are a non-EU family member of an EU/EEA or Swiss national and one of the following applies:
- Death of the EU citizen:
- You had resided in Ireland as a family member of the EU citizen for at least one year before their death.
- Divorce or annulment of marriage / civil partnership:
- The marriage or civil partnership lasted at least three years, including at least one year of residence in Ireland before the divorce or annulment proceedings began; or
- You have custody of the EU citizen’s child; or
- You have access rights to the EU citizen’s child in Ireland; or
- Particularly difficult circumstances apply (e.g. domestic violence).
- EU citizen’s departure from Ireland:
- You are the parent or primary carer of an EU citizen child who remains in school in Ireland.
Applicants must continue to meet the conditions of residence (e.g. working, self-employed, studying, or self-sufficient) after the change in circumstances.
Supporting Documentation
Your application should include:
- The completed EUTR5 form
- A copy of your passport and current residence card
- Proof of the relationship and the change in circumstances (e.g. death or divorce certificate)
- Evidence of your current activity in Ireland (work, self-employment, study, or self-sufficiency)
- All required documents from the personalised checklist prepared by your consultant
Processing
Time
- Applications are processed by Immigration Service Delivery (ISD).
- Processing usually takes around 6–8 months, depending on case complexity and ISD workload..
Additional documents may be requested to support your continued residence and eligibility.
How MWeds Can Assist You
Our EUTR5 consultancy service includes:
- Analysis of your individual situation and eligibility for retention of residence
- Preparation of a personalised document checklist
- Detailed review and verification of all supporting evidence
- Completion and submission of the EUTR5 form and cover letter
MWeds Limited provides consultancy only and does not act as a legal representative before ISD.
Appeals are not included and require separate payment when necessary.
Important Notes
- You must apply for EUTR5 as soon as possible after the change in circumstances occurs, or once the divorce or annulment has been granted.
- If your EUTR5 application is accepted, you will normally receive a temporary Stamp 4 while your case is being processed.
- If your EUTR5 application is refused, you may request a review under the EUTR4 process.
- Providing clear evidence of both your previous residence and your current activity in Ireland is essential for a positive outcome.
Start Your EUTR5 Application
1
Click “Start Now” and review the Terms and Conditions.
2
Complete the payment and registration form.
3
Our team reviews the information and contacts you with the next steps.
Consultancy Fee
EUTR5: Retention of Visa as EU National’s Ex-Spouse / Family
€410
(incl. VAT)
Access the Service
Important Information
- All advisory fees are inclusive of VAT.
- Speak with a specialist before proceeding.
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- As our services are personalised and time-sensitive, all purchases are non-refundable, non-transferable and non-exchangeable.
