EU nationals have a right to move to and reside in Ireland under:
• Directive 2004/38/EC (Free Movement Directive)
• European Communities (Free Movement of Persons) Regulations 2015 (S.I. 548 of 2015).
EU nationals benefit from the freedom of movement provisions under EU law. Adult citizens of EU and EEA Member States, as well as Switzerland, have the right to enter and reside in Ireland without restriction for up to three months, or for up to six months if they are actively seeking employment.
In relation to access to social welfare supports, entitlement depends on the nature of the payment. Contributory payments are based on an individual’s PRSI record; EU nationals may combine social insurance contributions paid in other EU/EEA countries although the most recent contribution must generally have been paid in Ireland.
For means-tested social assistance payments, such as Jobseeker’s Allowance, Disability Allowance or Supplementary Welfare Allowance, applicants must satisfy the statutory Habitual Residence Condition (HRC). This requires that they have both a right to reside in the State and sufficient evidence of their centre of interest being in Ireland, assessed through five statutory factors relating to residence history, length and purpose of absences, employment pattern, main centre of interest, and future intentions.
The Department does not comment on indivdual cases or circumstances.
