One Treaty Reaches Ireland, and It Is the European Union's
Answer
The general rule applies to you
No exception is recorded for citizens of Guatemala on this topic. That is the answer, not a gap - everything below is the rule you get, unchanged.
116 exceptions recorded across 45 countries · none match Guatemala to Ireland · Residency under a regional treaty
Ireland is a member of the European Union, and the only free movement right that reaches it is the Union's own, transposed by the European Communities (Free Movement of Persons) Regulations 2015. Those Regulations are about Union citizens and their family members and nobody else: regulation 4(1) says a Union citizen with a valid identity card or passport may not be refused permission to enter except on two grounds, and regulation 6(3) gives a right to stay beyond three months to a Union citizen who works, is self-employed, has sufficient resources and sickness insurance, or is enrolled in a course. Five years of that becomes a permanent right under regulation 12. For a national of any state outside the Union, the European Economic Area and Switzerland, no treaty in this corpus changes anything about coming to Ireland.
At a glance
- The treaty that reaches Ireland
- The European Union's free movement right, transposed by S.I. No. 548 of 2015
Section 2(2)(f) of the Immigration Act 2004 says nothing in that Act derogates from those Regulations.
- Who it covers
- Union citizens, and their family members through them
Regulation 2(1) defines a Union citizen as any person having the nationality of a Member State.
- A regional arrangement in the Americas
- None reaches Ireland in anything we read
Nothing in the Immigration Act 2004 or the Visas Order gives a right of residence on the ground of membership of a bloc.
- Stay beyond three months
- Conditional on working, having means and insurance, or studying
Regulation 6(3)(a), which is the Directive's test in Irish words.
- Permanent residence
- After five continuous years in conformity with the Regulations
Regulation 12(1).
What applies to you
Nothing changes for a citizen of Guatemala
We have no rule recorded that treats your citizenship differently here, so the general rule above is the one that applies to you. That is an answer, not a gap.
What the law says
«4. (1) A Union citizen who is in possession of a valid national identity card or passport as evidence of his or her nationality and identity may not be refused permission to enter the State unless he or she— ( a ) is suffering from a disease specified in Schedule 1, or ( b ) represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.»Entry as a right subject to two exceptions, against section 4 of the Immigration Act 2004 where entry is a discretion subject to twelve grounds of refusal.
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The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
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«(3)( a ) A Union citizen to whom Regulation 3(1)( a ) applies may reside in the State for a period that is longer than 3 months if he or she— (i) is in employment or in self-employment in the State, (ii) has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the social assistance system of the State, and has comprehensive sickness insurance in respect of himself or herself and his or her family members, (iii) is enrolled in an educational establishment accredited or financed by the State for the principal purpose of following a course of study there and has comprehensive sickness insurance in respect of himself or herself and his or her family members and, by means of a declaration or otherwise, satisfies the Minister that he or she has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the social assistance system of the State, or (iv) subject to paragraph (4), is a family member of a Union citizen who satisfies one or more of the conditions referred to in clause (i), (ii) or (iii).»The four limbs, and the retained-worker provisions in paragraph (c) that keep a person inside limb (i) after the job ends.
Read it at the sourceAbout this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
«12. (1) Subject to paragraphs (2) and (5) and Regulation 13, the following may remain permanently in the State: ( a ) a Union citizen who has resided in the State in conformity with these Regulations for a continuous period of 5 years, and ( b ) a family member of a Union citizen referred to in subparagraph ( a ), who is not a national of a Member State and who has resided with the Union citizen in the State in conformity with these Regulations for a continuous period of 5 years.»About this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source
«(2) Nothing in this Act shall derogate from— ( a ) any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003, ( b ) any act adopted by an institution of those Communities, ( c ) section 9(1) of the Refugee Act 1996 , ( d ) F6 [ the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977) ] ( e ) F6 [ the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or ] F7 [ ( f ) the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ). ]»The bridge between the two systems, naming the 2015 Regulations in paragraph (f).
Read it at the sourceAbout this source
Administrative consolidations of Irish Acts, prepared by the Law Reform Commission under the Law Reform Commission Act 1975. Each revised Act prints the date it is updated to, the latest Act and statutory instrument considered in its preparation, and annotations after every section recording which instrument inserted, substituted or deleted each passage, with the commencement date and the commencing order.
Standing: Maintains the text in force
Cannot be cited for: The Commission states on every page that it assumes no responsibility and gives no guarantees as to accuracy or completeness; a revised Act is an administrative consolidation, not an official text, and where it differs from the Acts it consolidates the Acts prevail. Its revision date is a cut-off: an amendment commenced after it is not in the text. The editorial apparatus is inside the sentences - F-markers, square brackets and ellipses sit between words - so a quotation cannot be taken across one, and the annotations and editorial notes are the Commission's own writing rather than anything enacted. Coverage is partial: there is no revised text of the Taxes Consolidation Act 1997 or of the Aliens Act 1935, and the Commission revises Acts only, never statutory instruments.
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Practical notes
The Regulations cover the European Economic Area by a different route: regulation 3(2) applies two older sets of regulations to nationals of EEA states who are not Union citizens, and those were not read here.
Ireland and the United Kingdom have a travel area older than either's membership of anything. That is a separate record on this site, and it is not a free movement right: it works by taking British citizens out of the definition of an alien.
- publishesEuropean Communities (Free Movement of Persons) Regulations 2015
Irish Statute Book, Office of the Attorney General
About this source
The electronic Irish Statute Book: every Act of the Oireachtas since 1922 and every statutory instrument, each at a stable ELI address built from year, type and number. A full Act or instrument is served at the /print path; the /html path returns only the arrangement of sections. The site also carries a legislation directory page per Act listing every instrument made under it, which is the only published index of the orders that make up a scheme.
Standing:
Cannot be cited for: This site publishes Acts **as enacted** and statutory instruments **as made**, and nothing else. It is not the law in force and does not claim to be: the Immigration Act 2004 (Visas) Order 2014 has been amended more than twenty times and the text served at its address is the 2014 original, with no marker to say so. Section 819(4) of the Taxes Consolidation Act 1997 is served in words replaced in 2008. For an Act the Law Reform Commission has revised, the revised text is the one to read; for the Taxes Consolidation Act and for every statutory instrument there is no revised text anywhere, and the current wording has to be assembled from the amending instruments by hand. The directory page for an Act is reachable; the equivalent page for a statutory instrument returned an error when tried.
We re-read it every 60 days. More about this source