Because of the United Kingdom’s withdrawal from the European Union (‘Brexit’) it is essential for all European Nationals and their family members and dependents to be absolutely sure of their status in the United Kingdom.
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’ under EU Law, that is, a jobseeker, a 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.
Our European Law team of UK immigration lawyers have a wealth of experience in advising and preparing applications relating to EU law and will be happy to give advice on any EU issues you may have.
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.
An application may be made to the UK Secretary of State for the issue of a Registration Certificate to an EU national upon proof of their nationality and the fact that they are a qualified person.
An application may be made to the UK Secretary of State to issue a residence card to the family member of an EU national upon proof of the relationship and a passport.
EEA family Permit
In order to obtain an EU Family Permit an application must be made for entry clearance from a designated UK post in the country where the applicant resides. The EU 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 dedicated team of EU solicitors.
An application for permanent residence in the UK may be made to the Home Office by an EU national or the family member of an EU national if the EU national has been residing in the UK for the last five years in accordance with the EEA rules and regulations. 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.
Please note that Brexit means that the rules concerning permanent residence are likely to change. Our expert team will be able to advise and assist in preparing and submitting your application in order that all of the correct documentation is provided and any unnecessary delays are avoided.
Extended family members such as durable partners and other family members in the descending or ascending line are also catered for in the EEA rules and regulations. We are also able to obtain what are called ‘derivative residence rights’ permits for non- EU national parents of EEA national children (including British) under what are often known as the ‘Zambrano principles’ if they are the primary carer of those children.
Legal aid is not available for EEA law cases. We recommend that you instruct one of our more experienced immigration lawyers.