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):
• child or grandchild who are either under 21 or a dependant
• dependent parents or grandparents
Extended family members
Extended family members include the qualified person’s (or their spouse or civil partner’s):
• brother or sister
• aunt or uncle
• niece or nephew
• relative from a different generation, such as a great-aunt, great-nephew or second cousin
• relative by marriage
An extended family member must also be one or more of the following:
• dependent on the qualified person before coming to the UK - and will either continue to be dependent on them or live in the same house as them in the UK
•living in the same house as the qualified person before coming to the UK - and will either continue to live with them or be dependent on them in the UK
•cared for by the qualified person because they have a serious medical condition
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:
• job seeker • worker • self-employed person • self-sufficient person • student
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:
• your marriage or civil partnership to an EEA citizen has ended (with a divorce, annulment or dissolution)
• your EEA family member has died and you lived in the UK as their family member for at least one year before their death
• you’re in education and you’re the child of an EEA citizen (or their current or former spouse or civil partner) who has left the UK or died
• your child has a retained right of residence because they’re in education in the UK (and you have custody of them)
You’ll need to prove:
• that your family member, or extended family member, was a permanent resident or qualified person at the time your family relationship ended
• how the relationship ended, for example a death certificate or decree absolute if you divorced
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.
• you currently hold a valid residence card as the extended family member of an EEA national
• you meet all of the relevant conditions
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:
• your spouse (husband or wife) or civil partner
• your parent or grandparent (or their spouse or civil partner) - you must also be under 21 years old or dependent on them
• your child or grandchild (or their spouse or civil partner) - you must be dependent on them
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:
• working, self-employed or self-sufficient - for example employer’s letters, wage slips, contracts, bank statements or proof of tax registration
• studying - for example proof of enrolment and attendance
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:
• lived there together - for example your addresses, time spent living at each address and any proof of renting or buying a home
• were integrated there - for example you spoke the language, had children born or living there, or were involved in your local community
You must also provide lists showing all your:
• previous travel to and from the UK - include the dates you arrived and left
• other UK visa or immigration applications - include whether you applied from inside or outside the UK, and details of each visa or permission to stay if you were successful
• removals, deportations and other immigration penalties in the UK
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.
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