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Permanent Residence based on EU treaty

  • 21-02-2022 3:55pm
    #1
    Registered Users Posts: 4


    Hi,

    I was issued a permanent residence card based on EU treaty about 10 years ago.

    Since the card expired recently,I contacted Immigration for a renewal. They directed me to EU treaty who later explained to me that I'll need to re-apply for a permanent residence card following the same procedure as last time.

    Not trying to complain here - but I just feel quite confused that they call it a 'Permanent' residence yet I'll have to re-apply for it every 10 years.

    I wonder if anyone here also went through the process or can share any insight on this.

    thanks!



Comments

  • Registered Users Posts: 363 ✭✭Pronto63


    I would imagine it’s fairly rare for someone to get a renewal of a 10 year residence card. I’d imagine most in your situation would have applied for citizenship.

    Doesn’t answer the question - just an observation



  • Registered Users Posts: 3,974 ✭✭✭blackbox


    Maybe they just want to get an up to date photograph.

    A citizen has to renew his/her passport every 10 years. It doesn't mean they are renewing their citizenship.



  • Registered Users Posts: 4 Lit


    Thanks for the reply.

    According to their reply, I'll have to provide the same documents as a first-time applicant.

    I think they should have named it 'long-term' or '10-year' instead of 'permanent' to avoid this confusion. I had thought the residence would be 'permanent', so I didn't bother to store/keep any POF documents such as utility bills etc. for the past five years. Now I have to go to my gas/phone/broadband providers to request past bills,which was quite a hassle.

    I wonder if I can send any feedback/suggestion to them. Perhaps they'll just ignore though...

    Yes I agree that many people in my situation would have applied for citizenship. But my original country doesn't allow dual nationality and I don't want give up my original nationality,hence extra paper work.



  • Registered Users Posts: 25,742 ✭✭✭✭Peregrinus


    "Permanent residence" can be a bit of a misnomer in this context. "Permanent residence" is not always permanent; in some cases, it would be more correct to say that it's indefinite; you can reside in the state without any time limit provided you continue to satisfy the conditions of entitlement. In particular, if your entitlement is based on being a family member of an EU citizen and you cease to be a family member (e.g. because of death or divorce) this may affect your residence entitlement.

    But, note, having a permanent residence card is not one of the conditions of entitlement. If you're entitled to permanent residence you don't have to apply for a permanent residence card, but you may do so if you wish. Failure to apply for a card does not mean that you are not entitled to permanent residence and, if you do have a card and it expires and you don't renew it, this doesn't mean that your right of residence has ceased. It's like a citizen who allows their passport to expire; this doesn't mean they are no longer a citizen. Not having a current passport or residence card may cause considerable practical difficulties, but it doesn't affect your legal status.

    If you do apply for a card, it will expire after five years. EU law requires this. It's the residence that's "permanent", not the card. When renewal time comes around you need to show them that you still satisfy the conditions of entitlement, so it's basically the same rigmarole as when you applied for your first card. EU law also specifies the evidence that has to be produced in order to have a permanent residence card issued. So the need to re-prove your entitlement in order to get a new card is not the result of choices made by the Irish authorities.



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