The EU countries are:
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK The Switzerland nationals also have same rights even though they are not listed in EU countries: You are eligible to apply for a residence card if you are from outside the European Economic Area (EEA) and you are the family member, or extended family member, of an EEA national.
Direct family members:
A spouse or civil partner counts as a family member.
A close family member also includes the qualified person’s (or their spouse or civil partner’s):
Extended family members
Extended family members include the qualified person’s (or their spouse or civil partner’s):
An extended family member must also be one or more of the following:
It is very important to bear in mind that the for an EEA national to sponsor his/her family member in the UK, he/she must be exercising EU treaty rights which means, he/she is one of the following:
Derivative Residence Card
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 a former EEA worker and currently in education.
Retained Rights of Residence
You can also apply if you used to have a family member, or extended family member, who was a permanent resident or qualified person. This is called a ‘retained right of residence’. You may get this if, for example:
You’ll need to prove:
You can only retain your right of residence as an extended family member if both the following apply:
You can’t retain your right of residence if you were the unmarried partner of the EEA national and that relationship has broken down.
Applications under Surinder Singh Route:
You might be able to make an application for EEA family permit/residence card if you are a family member of a British national who was exercising his/her EU treaty rights in another EU member state before returning to the UK. The EU regulations would treat such British Citizen as an EU national upon his return.
Your British family member must be one of the following:
To be eligible, your British family member must either have the right to permanent residence in the EEA country where you lived together, or provide proof that they were one of the following there:
They must also work, study, look for work, or be self-employed or self-sufficient in the UK. Both you and your British family member must prove that you genuinely made your home in the EEA country where you lived together. It must have been your main residence or base for the ‘centre of your life’.
Include proof that you both:
You must also provide lists showing all your:
How we can help:
We at Immigration Solicitors 4me specialise not only in UK immigration for non-EEA nationals, we also have expertise and experience in EU regulations. The UKVI has been undertaking various measures to toughen the rules and procedures for family members of an EU nationals. We often hear about “Sham marriages” and abuse of EU regulations over the news and media. This is why, various measures were taken to tackle such an abuse which has in terms affected the applications of genuine applicants. The situation is even difficult for extended family members because, upon refusal, they may even not have a right to appeal, following a recent decision of Upper Tribunal. The Surinder Singh route is also toughened in the new EU Regulations of 2016 where more evidence would be required to submit with application with regards to move of centre of life of a British Citizen in another member state. Do not worry, we are here to help the genuine applicants and we will advise, assist and represent your applications/case before the UKVI for the best possible outcomes.