EEA Family Permit
European Union treaties confer many different rights on EU nationals, including the right to live and work in other Member States within the EU. This is why EU nationals do not have to apply for leave to enter the UK since they are automatically permitted to enter and live in the UK in pursuit of an EU Treaty right, including the right to work (or look for work), start a company, study, or simply to live if they are self-sufficient (e.g retired).
The EEA (and Switzerland) Family Permit is designed to allow family members of “qualifying” EEA nationals to enter the UK, for an initial period of 6 months.
SIMO LAW FIRM offer a full range of expert legal advice and support services to people wishing to migrate to the UK. We work with clients throughout the UK- including Leeds, Bradford Sheffield and all of West Yorkshire. Our expert immigration Mr Christian Simo can help you with a complete range of visa and immigration issues, including applying for the EEA Family Permit. Our goal is to provide value for money services to all of our clients and services tailored to suit the individual needs of clients.
To speak with Leeds based Lawyer Mr Christian Simo now please call us on +44 (0) 113 318 4768 or contact us by email: info@simolawfirm.co.uk
EEA Family Visa Requirements
The EEA Family Permit is designed to make it faster and easier to enter the UK, provided you meet the eligibility requirements. Holding an EEA Family Permit means that you should not experience any problems or delays boarding your plane or ship when travelling to the UK, or again at the point when you arrive and enter the UK.
You can apply for an EEA Family Visa if you are from outside the European Economic Area (EEA) and Switzerland, and you are a family member (or extended family member) of an EEA national. You must apply for your EEA Family Visa from outside the UK. In most cases you must apply online, unless applying from North Korea, and there is no cost when applying for this permit.
To be eligible as direct or extended family member, the EEA national family member you are going to join must either be resident in the UK already, or be joining you in the UK within 6 months of the submission of your application. The EEA national must either have the right to live permanently in the UK, or be in the UK in order to work, find work, start a business, study or be financially independent.
In order for you to be eligible, you must be either classed as a ‘family member’ or an ‘extended family member’. In most cases you will be classed as a ‘family member’ if you are their spouse or civil partner – or if you are the dependent child, grandchild, parent or grandparent of either the EEA national or their spouse or civil partner. You can also apply for a child or grandchild who is up to 21 years old even if they are not considered a dependant.
If you are less closely related to the qualifying EEA citizen you must apply as an ‘extended family member’ – for example if you are a sibling or cousin and you are dependent on the EEA citizen for financial support or medical care. You can also apply as an unmarried partner in a long-term relationship with the EEA national. Finally, if the EEA national is a student then you can only apply as a ‘family member’ if you are their partner or a dependent child – otherwise you must apply as an ‘extended family member’. Applications for ‘extended’ family members are not certain to be granted, and any claim of relationship or dependency will need to be substantiated appropriately.
Other than the two main family member routes, you may also qualify for an EEA Family Permit through one of a number of other ‘rights of residence’. For example, the Derivative Right of Residence applies to you (and your children) if you are the carer of someone who has the right to be in the UK, or if your parent was an EEA national who previously worked in the UK. The Surinder Singh judgement applies if one of your family members is a British Citizen who has lived and worked in another EEA country. And the Retained Right of Residence applies even if your qualifying EEA national family member leaves the UK, dies, or you get divorced. These ‘rights of residence’ can be complex, and we usually recommend taking expert legal advice to ensure you meet the requirements.
Once you receive your EEA Family Permit you are allowed to stay and live in the UK for a period of up to 6 months, and you are free to enter and leave the country during this period.
Provided you continue to meet the eligibility conditions you may continue living in the UK after your EEA Family Permit has run out. You may wish to apply for a residence card (or derivative residence card) – which will help you to more easily prove your right of residence in the UK. Applying for a residence card is mandatory if you are classed as ‘extended’ family.
Expert Legal Advice about Applying for an EEA Family Permit
SIMO LAW FIRM with over 12 years of accumulated experience in handling EEA family permit applications. To speak with our Leeds-based lawyer Mr Christian Simo about your EEA Family Permit, please call us today on +44 (0) 113 318 4768 or send us an email at info@simolawfirm.co.uk