EEA family member residence card is issued for non-EEA family members of EEA nationals who are exercising their Treaty rights in the UK.
In order to succeed under this route an EEA national whose family member you are claiming to be must be a qualified person in the UK or hold a permanent residence in the UK. Moreover, the Secretary of State must be satisfied that you are a family member of that EEA national.
An EEA national who is a qualified person
An EEA national is considered to be a qualified person if he/she is in the UK and is:
- A worker; or
- A self-employed person; or
- A jobseeker; or
- A self-sufficient person; or
- A student.
Family members under the EEA regulations
- Immediate family members:
- Spouse or civil partner;
- Direct descendants of him/her, his/her spouse or his/her civil partner who are either under 21 years old or dependants of him/her, his/her spouse or his/her civil partner;
- Direct relatives in his/her ascending line or that of his/her spouse or his/her civil partner who are dependants of him/her, his/her spouse or his/her civil partner.
- Extended family members:
- Unmarried partner of an EEA national;
- A relative of an EEA national, his/her spouse or his/her civil partner in a country other than the UK who is dependent upon the EEA national or is a member of his/her household, is accompanying the EEA national to the UK or wants to join him/her here, has joined the EEA national in the UK and continues to be dependent upon him/her or to be a member of his/her household, or where serious health grounds strictly require the personal care of these family members by the EEA national.
The Secretary of State has to issue an Applicant with a residence card no later than after six months after the date on which the application with the supporting documents are received.
UK residence card is normally issued for five years. If an Applicant’s circumstances do not change, he/she shall be entitled for a permanent residence card after five years.
A Derivative right of residence card can be issued for a non-EEA national who is in the UK and is:
1) A primary carer of a British citizen child or dependent adult;
2) A primary carer of an EEA national child who is self-sufficient;
3) A child of an EEA national worker or former worker who is in education in the UK;
4) A primary carer of a child of an EEA national worker or former worker who is in education in the UK;
5) A dependent child under the age of 18 of a primary carer in one of the above categories.
Retained right of residence
Family members of EEA nationals can retain their right of residence in the UK in certain circumstances when:
- EEA national dies;
- EEA national leaves the UK;
- EEA national divorces their spouse or dissolves their civil partnership;
- The family member is the parent of a child who retains right of residence.
Surinder Singh route
Normally EEA Regulations do not apply for British citizens. However, if a British citizen has exercised his/her EU free movement rights by moving to another EU country to work or to be a self-employed person and is now returning to the UK, he/she should be entitled to bring his non-EEA family member with whom he/she resided in another EU country with him/her to the UK under the EEA Regulations.
The Secretary of State must be satisfied, that the British citizen has moved the centre of his/ her life to another EU member state before returning to the UK.
The following factors will be carefully considered by the Secretary of State to make sure that there is no abuse of rights under the EU law:
- The period of residence as a worker or a self-employed person in another EU member state. A British citizen is expected to have resided in another EU country for at least three months before returning to the UK. However, every case is looked at individually.
- The location of the British citizen’s principal residence.
- The degree of integration the EU country.
The Secretary of State must also be satisfied that the British citizen either created or strengthened his family life in the EU member state with a non-EEA national whom he is now intending to bring to the UK.
How can we assist you to obtain an EEA Family Member Residence Card?
Obtaining an EEA Family member residence card may seem to be a rather straightforward process and a lot of people attempt to apply by themselves without first consulting a professional.
We are here to first of all explain to you your rights under the EEA Regulations. We would take detailed instructions from you and advise you whether an application for EEA family member residence card is the one you should be making. We will also guide you through the documents to gather to support your application. Our professional advice will simply maximise your chances to be granted the residence card and to avoid unnecessary refusal.
What if your application is refused?
If the Secretary of State decides to refuse your application for an EEA family member residence card, you should be given full in country right of appeal under the EEA Regulations unless she decides to certify the decision.
Our immigration specialists are fully qualified to advise and to assist you with EEA appeals against the Secretary of State decision to refuse your application.