EEA Family Permit

If you are a non EEA national, are related to an EEA national and want to come to the UK with him or to join him in the UK you should apply for an EEA Family Permit. If you are already in the UK you should instead apply for an EEA Residence Card.

EEA Family Permit allows EEA nationals to sponsor Non EEA family members

If you have previously held an EEA Family Permit, you should apply for EEA Residence Card as your Family Permit is only valid for six months.

You can apply for EEA Residence Card if you are related to an EEA national as their:

♠ spouse or civil partner
♠ child or grandchild, or their spouse or civil partner’s child or grandchild, and under 21 years old
♠ dependent child or grandchild, or their spouse or civil partner’s child or grandchild, and over 21 years old
♠ dependent parent or grandparent, or their spouse or civil partner’s parent or grandparent
♠ dependent extended family member – for instance unmarried partner, brother, sister or cousin

You can also apply for an EEA family permit if you are the main carer of: ♠ a British citizen; or ♠ a financially self-sufficient EEA national child; or ♠ a child of an EEA national who was a worker in the UK.

An EEA family permit is valid for six months within which time you can leave and enter the UK as many times as you like. After six months you should apply for an EEA Residence Card if your EEA national family member is exercising EEA treaty rights in the UK.

An EEA national is exercising EEA Treaty rights of free movement if he:

♠ is working; or ♠ a jobseeker; or ♠ self-employed; or ♠ studying; or ♠ self-sufficient; or ♠ have a permanent right of residence in the UK.

Should I get legal advice?

As with any other legal matter, you should consider getting specialist legal advice and representation for your EEA family permit application. Otherwise, you may end up making a costly mistake resulting in refusal of your application. That refusal may also complicate things further as any future application may also be impacted by the initial refusal.

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EEA FAMILY PERMIT FAQs

Is there an official fee?

There is no official fee. Only legal representation fees are applicable.

How long is it valid for?

An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time.

What to do after it expires?

You can stay in the UK after your permit expires if you:

♠ are the family member of an EEA national who is exercising Treaty Rights;
♠ qualify under the ‘Surinder Singh’ judgement;
♠ have a retained right of residence; or
♠ have a derivative right of residence.

It is advisable that you apply for an EEA Residence Card as soon as practicable - which will be valid for 5 years - to confirm your continued right of residence. Applying for it is not mandatory but it will make your life much easier and will help prove your right to live and work in the UK.

Do you help with applications for other EEA countries too?

Yes we do. Please contact us for further details.

Supporting evidence, processing time, and fees

♠ your original passport
♠ evidence of your relationship with the EEA national, for instance, a birth or marriage certificate
♠ a letter from the EEA national family member in the UK confirming their intention to travel with you or that you are coming to stay with him in the UK
♠ evidence of your partner or family member’s passport or ID card
♠ evidence that the EEA national is residing in the UK in accordance with the EEA regulations (exercising EEA Treaty rights) if already in the UK
♠ evidence that you’re financially dependent on the EEA national if applying as his extended family member.

There is no Home Office fee for an application for EEA family permit and under the regulations the applications must be processed on a priority basis.

Refusal of EEA family permit

The EEA family permit will be refused if the applicant or his EEA national family member does not meet the qualifying criteria prescribed in EEA regulations or if any of them are deemed excluded from the UK on the grounds of:

♠ public policy;
♠ public security;
♠ public health, or
♠ abuse of rights.

Please contact us to get further legal advice on these grounds of refusal.

There are a number of other considerations prescribed in the Home Office policy to which regard must be had by the decision maker. It is important therefore to holistically evaluate whether the applicant and their EEA national family member meet all the applicable regulations and policy guidelines to ensure success in an application for EEA Family Permit.

Surinder Singh Route

If you're a British citizen and cannot reunite with your loved ones just because you do not meet the stringent requirements of the UK Immigration Rules you may rely on the Court of Justice of the European Union case of Surinder Singh.

The good old judgment provides that if you have exercised EEA treaty rights in another EU member State your EEA Free Movement Rights will extend to the UK when you want to return to the UK enabling you to bring your family members here.

The Surinder Singh route offers an easier way for British citizens to secure entry into the UK for their overseas family members, without having to comply with much more stringent UK immigration requirements such as the £18,600 minimum earnings and unprecedented savings requirement which apply to British citizens. By relying on Surinder Singh having lived and worked in another EEA country for at least 3 months, British citizens can invoke their European citizenship rights which are superior to their rights as a British citizen. But a new judgment on 12 March 2014 from the Grand Chamber of the Court of the European Union - O v The Netherlands Case C‑456/12 - has totally re-written the Surinder Singh principle.

Please click here if you'd like to learn more about Surinder Singh application and the new judgment.

Wish to Apply?

If you'd like to apply for an EEA Family Permit be aware that a great number of applicants are refused even though they appear to meet the legal requirements.

These refusals are attributable to the applicant's failure to provide evidence in the format required by the EEA regulations or them being legally illiterate failing to properly understand the rules governing grant of family permits.

The applicant, as a result, not not only loses the application but also complicates any future application that he may want to make.

It is therefore critical that proper immigration advice and representation is sought before you submit your case to the Home Office to ensure you meet all applicable EEA family permit rules and policy guidelines increasing your prospects of success.

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