Retention of Residence
Card

A residence card as the family member of an EU, EEA or Swiss citizen depends on that family relationship. EU law recognises that relationships can end, and in certain situations a non-EEA family member can keep, or retain, their right to live in Ireland. The application is made on form EUTR5. Retention can apply after a divorce, annulment or dissolution of a civil partnership, after the death of the EU citizen, or where the EU citizen leaves Ireland while the family member has custody of their child who is in education here. In divorce cases, the marriage or partnership must generally have lasted at least 3 years, including 1 year in Ireland, unless other conditions apply, such as custody of the EU citizen's children or particularly difficult circumstances like domestic violence. The family member generally needs to be working, self-employed, or self-sufficient with health insurance. The evidence covers the relationship and its end, the EU citizen's activity in Ireland up to the change, and the family member's own work or resources. Timing matters, so it's best to take advice as soon as a relationship breaks down. Retained residence counts towards permanent residence after 5 years. Decisions can take up to 6 months, and refusals can be reviewed if requested within 15 working days.

Possibly, for example if you have custody of the EU citizen's children or there were particularly difficult circumstances. We'll assess your case.

Timing matters. Talk to us as soon as the relationship breaks down so we can plan the right application.

Yes. Retention may apply, and ISD also has guidelines for victims of domestic abuse. We'll advise you confidentially.

You can ask for a review on form EUTR4 within 15 working days of the decision.

That depends on your circumstances and current permission. We'll explain exactly where you stand.