An EEA application can change your future
Under European Community Law, the right of residence gives EEA nationals the right to legally work and live in the UK. The EEA nationals family members can make applications to reside and work in the UK.
There are many different applications that you can make and you can choose which one is relevant to your circumstances.
Our solicitors can provide applicants from the European Union and non-EU family members with advice. In addition, we can assist with helping you with your EEA application whether it be family permits, residence cards or permanent residence cards.
Important things to consider:
- Nationals of countries in the EEA or Switzerland can live in the UK for three months before they must become economically active and self-sufficient.
- The only evidence you need of your right to work in the UK is your passport or national identity card.
- If you’re appealing against a refusal for an EEA application you need to ensure you have an EEA family permit or other proof to show you’re a family member or relative of an EEA national.
Types of EEA Applications
A Family Permit is for entry to the UK and is valid for six months. You can leave and enter the UK as many times as you need within that time. This permit can be used more than once.
Residence Cards, which are for family members of EEA nationals in the UK so they can remain in the UK with their family member.
Permanent Residence Cards, which are for EEA nationals and their family members.
To apply for this the EEA national and their non-EEA family member need to reside together in the UK continuously for five years and exercise treaty rights. Also, a permanent residence card needs to be held for 12 months before applying for British Citizenship.
Derivative Residence Cards, which are for non-EEA nationals who obtain a right to live in the UK by having a relationship with an EEA national.
Registration Certificates for EEA nationals in the UK
Frequently Asked Questions
Brexit creates large uncertainty for European Nationals and their family members living in the United Kingdom. Currently, citizens of the European Union (EU) and Switzerland have a right to enter, live and work or study in the UK without restriction. Many want to secure a position in the UK and the best way to do this is with a residence card, permanent residence card and/or British Citizen.
An EEA national and their family members may stay in the UK for as long as they’re a qualified person. Also, under European Law a qualified person counts as a worker, a self-employed person, a job seeker, a student with comprehensive sickness insurance and a self sufficient person with comprehensive sickness insurance.
If you’re an EEA national you have an automatic right to invite your family members to the UK. Family members can include a spouse, civil partner, child or grandchild under 21. Additionally, it includes a dependant relative such as a brother/sister, aunt/uncle, parent, grandparent etc. However, if your family members are coming from outside the EEA they’ll need to make an application for Entry Clearance. Alternatively, they can apply to regularise their immigration status from within the UK.
The non-EEA national should make an application for a visa (family permit) before entering the UK if their relationship with the EEA national breaks down. However, if they’re already in the UK they may apply to the Home Office to stay on the basis of their relationship.
There are specific requirements that you need to meet to obtain a family permit. Firstly, you need to be a national of a country that is outside the European Economic Area (EEA.) Your family member should be an EEA national (but not British.) Furthermore, you should have a relation to an EEA national in some way whether as a family member or an extended family member.
Additionally, you may be the main carer of a British Citizen or a child who is an EEA national. Also, your EEA national family member may be travelling with you to the UK. Finally, your EEA national family member should be living in the UK for more than three months whilst exercising treaty rights as a worker, self-employed person, self-sufficient person or as a job seeker.
If your application is refused you have the option to appeal or to make a new application. In addition, your next step will depend on your particular circumstances. Our skilled team of solicitors can provide you with advice on appeals. For example, EEA decisions are treated as immigration decisions – they attract a right of appeal to the First Tier Tribunal.
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