Family members of EEA nationals

The right to free movement from one European Union Member State to another could not exist without the possibility of bringing your family members with you. It would be a significant disincentive for people to work in another country if it meant that families would have to be separated. For this reason European Community law imposes an obligation on all European governments to allow entry to their territory for those who can show that they qualify as family members of someone who is exercising treaty rights. This includes family members who are not themselves nationals of any EEA state. It means that someone who would normally need to apply for a visa to enter UK (and work), is exempt from the usual Immigration Law restrictions. Instead, their status is regulated by a separate body of rules, which implement European Community law into the UK legal order. Those European Community laws are much more beneficial and may provide better safeguards for the rights of family members than the UK Immigration Rules.

The European Community laws apply to those who fall into the definition of a family member, irrespective of their nationality:

• Spouses or civil partners
• Children and grandchildren (including further descendants) who are under 21
• Children and grandchildren who are over 21 but dependant on an EEA migrant or his/her spouse or civil partner
• Dependant parents of an EEA migrant and/or his spouse or civil partner

There are further categories of persons who might be eligible to join an EEA national in the UK (extended family members). This category includes unmarried partners who are in durable relationship with an EEA national or other dependant relatives. Their position differs from family members in that they do not have automatic rights of admission and residence in the UK. Their relationship must be first recognised by the UK Border Agency by making an application for EEA Family Permit or Residence Card. Only after successful application can they enjoy the right to live and work in the UK.

EEA FAMILY PERMIT

All family members have the right to accompany the EEA national or join him/her in the UK. They have the right to enter the UK by presenting their passport and evidence that they are the family members of someone who is exercising their treaty rights. Family members who are themselves EEA nationals can just arrive at the border and present their passport or national identity card, because they have the right of admission in their own right. However, those who are not EEA nationals might face difficulties with convincing immigration officers that they meet all of the requirements. It is therefore strongly advisable to apply for the EEA Family Permit at a British post abroad before arriving in the UK.

An EEA Family Permit will be valid for 6 months. You should therefore arrive in the UK within this timeframe.

The UK Border Agency has been very strict in reviewing all EEA Family Permit applications, with a view to limiting the number of false applications. It is therefore very important to prepare your application with the utmost attention to detail. Even a minor omission or mistake may lead to your application being refused and thereby prolonging delays to your family reunion. Mulberry Finch immigration specialists have a wealth of experience in the area of EU law and can reduce the risk of refusal of your application.

RESIDENCE CARD

Immediately after arrival in the UK family members should make an application for a Residence Card. It will recognise their right to live and work in the UK. It is particularly important for those who are not EEA nationals themselves, as this will be the only document that your can present to your employer to prove that you can work in the UK.

There are prescribed requirements which you need to meet in order to succeed in your application for Residence. Contact Mulberry Finch to obtain a list of documentation, prepared based on your particular circumstances.

A Residence Card is valid for 5 years. However, family member’s status is dependant on the EEA national exercising their treaty rights as a qualified person. If they stop employment permanently, family members will lose their right to remain in the UK. The same happens if a relationship breaks down. There are certain circumstances when family members do not lose their right to reside in the UK, but the exceptions are guarded by numerous requirements (retained right of residence). Please contact Mulberry Finch for a detailed assessment whether you qualify for the retained right of residence.

Please note that if you are a family member of a national of an A8 state, Bulgaria or Romania you cannot apply for the Residence Card immediately after arrival in the UK. You will have to wait until the EEA person remains in employment for 12 months. Instead you can apply for a Family Member Residence Stamp.

PERMANENT RESIDENCE CARD

After 5 years of continuous residence in the UK as a family member of an EEA national who was exercising their treaty rights throughout those years, they acquire the right to permanent residence in the UK. They can apply for a Permanent Residence Card that would confirm that they are permanently settled in the UK. At this point their status becomes independent and they do not lose their right to remain in the UK even if a relationship breaks down.