European Applications
If you are the family member of a European Union (EU) national you may initially enter the UK for a period of 3 months provided that you produce a passport and either a European Economic Area (EEA) Family Permit, a Residence Card or a Permanent Residence Card. You may then remain in the UK for so long as you remain the family member of the EU national and the EU national is a Qualified Person. A person is a qualified person if they are a jobseeker, worker, self-employed, self-sufficient or a student.
In addition, any child (aged under 21 years) of any family member of an EU national may also have the right to join their parent in the UK.
For the EU national and their non-EU national family members, it may be advantageous to apply for one of the documents listed below, in order to demonstrate their right to reside and work in the UK. Without these it may be very difficult to obtain employment.
1: Registration certificate
An application may be made to the UK Secretary of State for the issue of a Registration Certificate to an EEA national upon proof of their nationality and the fact that they are a qualified person.2: Residence Card
An application may be made to the UK Secretary of State to issue a residence card to the family member of an EEA national upon proof of the relationship and a passport.3. EEA family Permit
In order to obtain an EEA Family Permit an application must be made for entry clearance from a designated UK post in the country where the applicant resides. The EEA national family member must already be in the UK or traveling to the UK within the next six months in order to reside there in line with the EEA regulations. The applicant must already be lawfully resident in an EU state or satisfy rules regarding the relationship as stipulated by the UK Home Office. Further information regarding this is available from our Immigration Advisor.4. Issue of a Permanent Residence card of Document
An application for Permanent Right of residence in the UK may be made to the Home Office by an EU national or the family member of an EU national on the proviso that the EU national has been residing in the UK for the last five years in accordance with the EEA rules. Regarding the family member they would normally have been residing with the EU national for the five years period. There are regulations which relate to those who have separated during the five year period or where the EU national has passed away which our team of immigration solicitors would be happy to discuss with you.Extended family members are also catered for in the EEA rules.
1. Registration Certificate
You can apply for a registration certificate if you’re a citizen of a European Economic Area (EEA) country and want to prove your right to live in the UK.
You don’t need a registration certificate, but it can:- make it easier to claim certain benefits and services
- be used to support a family member’s application for an EEA family permit or residence card
You must be working, studying or able to support yourself independently to apply.
The EEA includes all EU states plus Iceland, Liechtenstein and Norway and, for immigration purposes, Switzerland.
How to apply
You can download the form and apply to the Home Office by post. Include the supporting documents listed on the form, plus payment of £55 per applicant.Apply at a premium service centre You can also download the form and use the premium service at a premium service centre. If you’re a dependant, you can only use the premium service if you’re:
- a married partner of the main applicant
- a civil partner of the main applicant
- a sibling of the main applicant
- a child dependant under 22
2. Residence Card
Overview
You can apply for a residence card if you’re from outside the European Economic Area (EEA) and living with a European partner or family member who’s not British.
You don’t need a residence card to live in the UK, but it can:- help you re-enter the country more quickly and easily if you travel abroad
- show employers you’re allowed to work in the UK
- help prove you qualify for certain benefits and services
You should instead apply for a derivative right of residence card if you’re the carer of an EEA citizen, the carer’s child, or the child of an EEA worker and currently in education.
How long it lasts for?
A residence card can last up to 5 years.After 5 years, you can apply for a permanent residence card.
Fees
It costs £55 for each person included in an application.Eligibility
You can apply for a residence card if you’re from outside the European Economic Area (EEA) and living with a European partner or family member
who’s not British.
There are also other ways you may be eligible for a residence card, eg if you have a ‘retained right of residence’ or as a ‘Surinder Singh’ case.
Family members of EEA citizens
To be eligible you must be related to an EEA citizen as their:- spouse or civil partner
- child, or their spouse or civil partner’s child, and less than 21 years old
- unmarried partner and can show that you’re in a lasting relationship with them
- ‘dependent’ family
Dependent family You can apply as a ‘dependant’ of an EEA family member if you either:
- are financially dependent on them (you rely on them to pay for your essential needs)
- have a serious health condition and rely on them to care for you
Dependants must be family of the EEA citizen, or their spouse or civil partner, and can be:
- parents or grandparents
- children over 21 years old
- extended family members (brothers, sisters, aunts, uncles, cousins, nephews and nieces)
Family members who are adopted under an adoption order that is recognised in UK law are regarded the same as natural family.
Family members who are students
Different rules apply if you’re a family member of an EEA citizen who’s a student.In this case, you can only get a residence card if you’re their child, or their spouse or civil partner’s child, and either:
- under 21 years old
- over 21 years old and dependent on them
Other ways you may be eligible
Retained rights of residence
You can also apply for a residence card if you have a ‘retained right of residence’, eg:
- your marriage or civil partnership to an EEA citizen has ended (with a divorce, annulment or dissolution)
- your EEA family member has died or left the country
- you’re the child of an EEA citizen who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner
- you’re the non-EEA parent, or former partner of an EEA national with custody of a child who has a right to reside in the UK
Surinder Singh cases
You may be able to apply for a residence card as a ‘Surinder Singh’ case.
To be eligible, you must be a citizen of a country outside the EEA and:
- the married partner, civil partner or child of a UK citizen
- have lived with them in another EEA country where they worked or were self-employed before returning to the UK
- be able to show that your UK sponsor based their ‘centre of life’ in the EEA country in which you both were resident before returning to the UK
You can prove your UK sponsor genuinely moved to another EEA country with:
- proof of their address, how long they lived there and any other related information - eg if they bought a house
- proof of their integration in the EEA country where they lived - eg whether they speak the language, have any children born there or were involved with the local community
Documents you must provide
For each person on the application you’ll need to provide:
- a current passport
- 2 passport size colour photographs
- your EEA family member’s valid passport or national identity card
- evidence of your relationship to your EEA family member, eg marriage certificate, civil partnership certificate, birth certificate, proof that you’ve lived together for 2 years if unmarried
- proof that your EEA family member is in work, self-employed or able to support you without applying for benefits
You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.
You may need to provide additional documents depending on your circumstances.3. Family Permit
Overview
You can apply for an EEA family permit to come to the UK if you’re both:
- from outside the European Economic Area (EEA)
- the family member or ‘extended’ family member of an EEA national
There are other ways you may be eligible, for example:
- with a ‘derivative right of residence’ - you’re the carer of someone who has the right to be in the UK, the carer’s child, or the child of an EEA national who previously worked in the UK
- under the ‘Surinder Singh’ judgement - you’re the family member of a British citizen who has lived and worked in another EEA country
- with a ‘retained right of residence’ - you have the right to stay in the UK as the family member of an EEA national who has died, left the UK or is no longer your spouse or civil partner You must be outside the UK to apply for an EEA family permit.
Fees
An EEA family permit is free.
What it does?An EEA family permit makes it easier and quicker to enter the UK.
You might not get a boarding pass and could experience major delays without one.
You may be refused entry into the UK if you don’t have an EEA family permit.
How long you can stay?An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time.
Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:
- are the family member of an EEA national
- qualify under the ‘Surinder Singh’ judgement
- have a retained right of residence
- have a derivative right of residence
You can apply for a residence card card or derivative residence card to confirm your right of residence.
You don’t have to apply but it will make it easier to prove your right to live and work in the UK.‘Extended’ EEA family members
You must apply for a residence card if you’re the ‘extended’ family member of an EEA national
and want to stay in the UK after your EEA family permit has expired.
See the eligibility criteria for extended EEA family members.
Eligibility
The eligibility requirements are different depending on how you apply.
Applying as a family member or extended family member
The EEA citizen you’re joining must either:
- be in the UK already
- be travelling with you to the UK within 6 months of the date of your application
If they’ve been in the UK for more than 3 months they must either:
- be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
- have a permanent right of residence
Qualifying as a family member
You must be the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as their:
- child or grandchild under 21 years old, or dependent child or grandchild of any age
- dependent parent or grandparent
Family members who are adopted under an adoption order that is recognised in UK law are regarded the same as natural family.
Qualifying as an extended family member or unmarried partner
You can apply as an ‘extended’ family member’, eg brother, sister, aunt, uncle, cousin, nephew or niece.
You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and
rely on them to care for you.
You can also apply as an unmarried partner if you can show that you’re in a lasting relationship with the EEA national.
Extended family members and unmarried partners aren’t guaranteed to get a permit. Your individual circumstances will be considered
when you apply.
Students you can apply as the family member of an EEA national student if you’re either the student’s:
- spouse or civil partner
- dependent child, or their spouse or civil partner’s dependent child
For students, children of all ages must be dependent on the EEA citizen.
You must apply as an extended family member if you’re otherwise related to an EEA national student and want a family permit.
Documents you must provide
You must provide:
- a valid passport
- 1 passport-sized colour photograph
- evidence of your relationship to your EEA family member, eg 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 can’t provide the original)
- proof of your dependency if you’re dependent on your EEA family member
EEA family members
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, eg employment contract, wage slips, letter from employer
- self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
- studying, eg letter from the school, college or university
- financially independent, eg bank statements
Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.
4. Permanent residence card
You can apply for a permanent residence card after you’ve lived in the UK for 5 years. This will prove your right to live in the UK permanently.
All the following must apply for you to be eligible:
- you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period (and not left the UK for more than 6 months in any year)
- your EEA family member has been a worker, self-employed, self-sufficient, or student throughout the 5 years
Fill in the permanent residence card application form. Post it to the Home Office with the £55 fee per person and enclose supporting documents.
