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:
When can you make an application for retained rights of residence card:
The UKVI advises on the documents you must provide:
In addition to the above you should provide case specific evidence:
Additional requirements if you or your family member divorced the EEA national or ended a civil partnership with them You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or civil partnership was ended and one of the following applies:
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. With specific to retained rights of residence applications, we will advise you on the most accurate evidence to meet the requirements of the rules and on the basis of such evidence we will make robust representations with your completed application forms for possible positive outcome. We are thorough in out preparation and legal representations and we provide an affordable service on competitive fees.
Most common reasons for refusal:
In our legal practice, we have made various appeals against refusal decisions. The refusal decisions in retained rights of residence applications are mainly evidential bases. We understand that it is difficult to provide evidence that prior to divorce or death of EEA national spouse, he/she was exercising EU treaty rights and was a qualified person. Especially in divorce cases the ex-spouse is not willing to provide his/her evidence between the period of separation and divorce decree. Our specialist teams dealing with such matter makes robust representations to the Home Office and/or tribunal in such cases highlighting the difficulties you may be facing.