12 May 2020

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Third-country nationals have the right to reside in the Republic if their spouse is a citizen of a Member State of the European Union. In the event of dissolution of the marriage, the spouse who is a third-country national loses their right of residence in the Republic unless:

(a) The marriage had lasted for at least 3 years prior to the beginning of the divorce proceedings.

(b) There is a custody or communication between children of the Union citizen and the spouse who is not a citizen of a Member State based on duly ratified agreement between spouses by a competent court, or by a court order.

(c) If this is warranted by particularly difficult circumstances, such as a member of the family having been a victim of domestic violence as specified in The Violence in the Family (Prevention and Protection of Victims) Law, while in the marriage∙ or

It shall be understood that prior to the acquisition of the right of permanent residence, the right of residence of the persons concerned is maintained as long as that they are able to prove the fact that they are employed or they are in possession of sufficient resources for themselves and members of their family not to become a burden to the social insurance system of the Republic during their period of residence, and that they have comprehensive health insurance cover in the Republic, or that they are members of the family, already established within the Republic, of a person who meets the above requirements.

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