Bernard Durkan (Kildare North, Fine Gael)
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204. To ask the Tánaiste and Minister for Justice and Equality the correct residency status in the case of a person (details supplied); and if he will make a statement on the matter. [25493/23]

Simon Harris (Wicklow, Fine Gael)
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I can advise the deputy that Form EUTR1 is to be used by each non-EEA national applying for a residence card as a qualifying family member of an EEA national under the European Communities (Free Movement of Persons) Regulations 2015 as amended, where the applicant and the EEA national are intending to reside in the Republic of Ireland (the “State”) for a period greater than 3 months in the following circumstances:-

• The non-EEA national is living in the State
• The EEA national is living in the State
• The EEA national is exercising their EU Treaty Rights in the State (employed, self-employed, residing with sufficient resources, studying or involuntarily unemployed) and
• The non-EEA national is a qualifying family member of an EEA national.

• the spouse or recognised civil partner of an EEA national, or
• a direct descendant (child, grandchild, etc.) of an EEA national or of their non-EEA spouse or
• civil partner and who must be aged under 21 years;
• a direct descendant (child, grandchild, etc.) of an EEA national or of their non-EEA spouse or
• civil partner and who must be dependent on the EEA national
• a dependent direct relative in the ascending line (parent, grandparent, etc.) of an EEA national or of their non-EEA national spouse or recognised civil partner.