EEA Family Permit

The European law definition of a family member is considerably wider than under the UK Immigration Rules and includes spouses, civil partners, partners in a ‘durable relationship’ and children.

As the rules governing EEA Family Permits are stipulated by European Law, applicants who are children of an EEA national may be up to 21 years of age, rather than the UK legal classification of a child. It may also be possible to bring dependent parents, grandparents and extended family members such as siblings and cousins to live in the UK using this route, although where the EEA national is a student they may only be joined by their partner and/or dependent children. You must also meet the eligibility requirements of being from outside of the European Economic Area (EEA) and the family member in question must be an EEA national.

Generally, the criteria for an EEA Family Permit caters for the following:

• Spouses/Civil Partners
• Unmarried Partners
• Children under the age of 21

And in certain circumstances:

• Parents
• Grandparents
• Siblings
• Cousins

If you have lived in another EEA country other than the UK with a family member who is a British Citizen then you may be eligible to make what’s known as a ‘Surinder Singh’ application. In order to successfully apply using this route, the British family member must be your spouse/civil partner, parent or grandparent where you are dependent upon them, or your child or grandchild where they are dependent upon you.

You must also prove that you meet the eligibility criteria for the EEA country where you are currently residing and that this has been your main residence for both you and your family member.

If your British family member has returned to the UK, you may still be able to make a Surinder Singh application. However, there is an additional criterion that will need to be met. If they have been back in the UK for over three months, your British family member will also have to prove that they were working, self-employed, studying, self-sufficient or looking for work during the time that they have been back in the UK.

Immigrating to the UK as a family member of an eligible EEA national is a two-stage process. The family member must first apply for Entry Clearance to classify as an eligible immigrant. Then, once in the UK, the EEA Family Permit holder can apply to confirm their right of residence under European Law provided all other criteria are met, which is usually done through application for an EEA Residence Card.

The EEA Residence Card is usually valid for five years. After you have lived in the UK for a continuous period of five years with your EEA or Swiss national family member, you may be able to apply for confirmation of your right to permanent residence.

Upon successful application, an EEA Family Permit will be issued to you and will usually remain valid for a period of five years. After this time, the non-EEA family member will then be eligible to apply for Permanent Residence or Indefinite Leave to Remain (ILR) in the UK.

We understand that with Brexit negotiations well underway, it is important to have security; our team of expert immigration lawyers can help you to get this.

IAS hosts a team of specialist immigration lawyers who can help you find the best route to take as an EEA or Swiss national, inform you of your next steps and guide you through each stage of your application process.

We will:

• Ensure that all your documents are sufficient before you make an application
• Ensure that you/your family members are eligible for an EEA Family Permit application
• Complete your application to the highest standard
• Prepare a Letter of Representation to accompany your application. This letter details your case and its merits and recommends that your case is accepted by the Home Office;
• Liaise with the Home Office until a decision regarding your application is reached.