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EEA Family Permits

The non-EEA national family members of EEA nationals living outside of the UK may be eligible to apply for an EEA family permit to join or visit their EEA national family member residing in the UK. In order to do this, an application for an EEA family permit should be made using the UK Visas and Immigration online application form. Individuals will be required to attend a visa application centre where they can submit their application plus any supporting documents. An Entry Clearance Officer (ECO) will then assess the merits of the application before making a decision. There is no visa fee for this type of application.

In assessing an application for an EEA family permit, the ECO need to be satisfied that the following requirements are met:

  • The individual is a non-EEA national and is either a direct family member or an extended family member of an EEA national
  • The EEA national family member has been residing in the UK and exercising treaty rights for at least 3 months as either a:

worker; self-employed person, job-seeker, student or self –sufficient person; or

  • The EEA national family member intends to travel to the UK within 6 months and will have a right to reside in the UK under the EEA regulations upon arrival and the individual will be accompanying or joining them

 

Direct or extended family member of an EEA national

The direct family member of an EEA national is either a:

  • spouse or civil partner,
  • parent, grandparent, child or grandchild, dependent on the EEA national or their spouse.

An extended family member can be the unmarried partner, brother, sister, aunt, uncle, cousin, niece or nephew of the EEA national (this list is not exhaustive).

 

Establishing dependency

The direct family members of an EEA national must show that they are wholly or mainly financially dependent on the EEA national to meet his or her essential needs ( with the exception of children under 21, spouses and civil partners who do not need to provide any evidence to show dependency on the EEA national).

The extended family members of an EEA national must be wholly or mainly financially dependent on the EEA national to meet his or her essential needs in order to qualify for an EEA family permit (with the exception of durable partners who do not need to provide evidence to show dependency on the EEA national). Dependency can be financial and emotional dependence to the EEA national.

Fiancé(e) and proposed civil partners

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members under the EEA Regulations unless they can show they are in durable relationship. However, the Immigration Rules contain provisions for these individuals and allow a qualified EEA national to be considered as present and settled in the UK if they have permanent residence. These type of applications are considered under the Immigration Rules rather than the EEA Regulations and therefore, a visa fee is payable.

How long is an EEA Family Permit valid for?

If an application is successful, the individual will be issued an EEA family permit valid for six months. Before the expiry of the EEA family permit, the individual may be eligible to apply for an EEA Residence Card allowing them to remain in the UK.

How we can help?

At Descartes Solicitors our experienced lawyers can assist you whether you are making an initial or fresh application, whether you have been refused and wish to exercise a right of appeal or even where you have been denied a right of appeal.

For further information please contact us on 0208 995 3556 or on 0844 556 9901. You can also email us at email us at info@descartessolicitors.co.uk or complete our enquiries box through this website.