EU court rules against Irish residency restrictions

Friday, 25 July 2008

The European Court of Justice has ruled that Irish laws restricting residency rights for third-country nationals married to EU citizens are illegal.

Under EU rules, EU citizens can live, study and work in any member state and so can their family members once they have an entry visa or residency card issued by the host member state.

Ireland has introduced a law stipulating that the non-EU spouse of an EU citizen is only entitled to live in Ireland if he or she is already legally resident in another EU country.

However, the European Court of Justice ruled today that this interpretation was not in line with the relevant EU directive.

The issue was raised by four separate cases being heard by the Irish High Court involving asylum seekers who have married non-Irish EU citizens.

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