An EEA Family permit is for nationals of countries outside the EEA who are family members of EEA nationals, wishing to come to the UK. Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK.
How we can help about EEA family permit application?
We can help with your EEA Family Permit application and queries. Our expert team of lawyers can assist you with the preparation of your application to ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful EEA Family Permit application, avoiding the unnecessary expense of re-submitting your application to the Home Office.
What is the EEA family permit?
A European Economic Area Family Permit (EEA family permit) is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen.
How long is an EEA residence card valid for?
- An EEA Family Permit will be granted for six months.
- An EEA Residence Card will be granted for up to five years, after which time an applicant may be eligible to apply for an EEA Permanent Residence Card.
- During their stay in the UK, applicants can work, study, marry and leave and re-enter the UK as often as required.
- An application for An EEA Residence Card can be made once an applicant has lived in the UK for at least five years.
Currently, the countries which make up the EEA are as follow:
- Czech Republic;
- Sweden; and
- The UK.
EEA Family Permit for ‘Family Members’
An EEA family permit is distributed overseas to nationals of countries outside the European Economic Area who are family members of EEA nationals.
Definition of a ‘family member’ is the following:
- Your husband, wife or civil partner;
- Your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
- The parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.
It should be noted that if you are a student only your husband, wife or civil partner and dependent children have a right of residency. However, if you and your partner are not married or in a civil partnership, you must be able to show that you are in a sustainable relationship with one another.
Extended family members do not have an automatic right to live in the UK, such as brothers, sisters and cousins. In order to be considered, they must show that they are dependent on you.
If you do not fall under the definition ‘family member’ you cannot apply for an EEA family permit.
EEA Registration Certificate
An EEA Registration Certificate is available for EEA or Swiss nationals and is a document certifying your permanent residence in the UK under European law. This is available if you have lived in the UK for a continuous period of five years but it is important to note that you do not need a documentation establishing your right of residence in the UK if you are an EEA national.
EEA Residence Cards
If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a ‘vignette’), or it may be a separate document called an ‘immigration status document’. A residence card is normally valid for 5 years from the date when it is issued.
Documents you must provide with EEA Family permit application
For your EEA family permit application You must provide:
- a valid passport
- evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried
- your family member’s valid passport or national identity card (or a certified copy if you cannot provide the original)
- proof of your dependency if you’re dependent on your EEA family member
EEA family members
For your EEA Family permit application your EEA family members will have to provide :
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:
- working, for example, an employment contract, wage slips or a letter from an employer
- self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
- studying, for example, a letter from the school, college or university
- financially independent, for example, bank statements
- Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.
Why we provide the best legal advice in relation to an EEA Residence & Family Permit:
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by theOffice of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.
As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit including EEA family permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an EEA family permit application, thereby eliminating much of the stress of the application process.
Contact us for a successful EEA Residence & Family Permit applications:
Our experienced team of professionally qualified solicitors and barristers will guide you through the process of EEA family permit step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your human rights adviser; call us for a telephone consultation today.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181