EEA Residence Card

If you are a non EEA national, are in the UK with your EEA national family member who is exercising EEA Treaty Rights in the UK you should apply for an EEA Residence Card. 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.

If however you are not in the UK and want to join your EEA National family member you should instead apply for EEA Family Permit. If you have an EEA Family Permit please take note that it is only valid for six months. 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.

You can apply for the 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 should apply for a Derivative Rights of Residence Card if you are the main carer of: a British citizen; an EEA citizen; or a financially self-sufficient EEA national child; or the child of an EEA worker and currently in education. You should also apply for Derivative Rights if you are the carer’s child.

As per the EEA regulations a residence card is not mandatory to live in the UK, but it can: ♠ help you re-enter the UK with ease, if you go abroad; ♠ show employers that you have the right to work in the UK; ♠ evidence that you qualify for certain benefits and services in the UK; ♠ claim certain benefits in the UK; ♠ support a family member’s application to come and live with you in the UK; ♠ make it easier for you to open and maintain bank accounts; ♠ make it easier for you to get medical treatment; ♠ make it easier for you to get a driving license; ♠ make it easier for you to rent a house or room; ♠ help you become a permanent resident in the UK after 5 years.

EEA Residence Card FAQs

Is there an official fee?

Yes. It costs £65 per person on top of the legal representation fees. Please contact us for more details.

How long is it valid for?

5 years

What to do if it expires?

Apply for Permanent Residence, Citizenship or another Residence Card if you fail to meet the legal requirements for Permanent Residence or Citizenship.

Are other EEA countries Residence Cards recognised in the UK?

In certain circumstances residence documents issued under the EEA law in other EEA countries are recognised in the UK for the purpose of entry. However it's still advisable to apply for a UK Residence Card. Please contact us for further advice.

Comprehensive Sickness Insurance

You will need to show that you and your EEA family member have access to Comprehensive Sickness Insurance (CSI) if the EEA national family member is residing in the UK as:
♠ a student;
♠ self employed;
♠ self sufficient.

The European Heath Insurance Card (EHIC) obtained from your country of residence is acceptable evidence of CSI, if your stay in the UK is to be temporary. Therefore, if applying on form EEA(QP) or CR1 using this card, you will also have to provide (called a 'statement of intent in the application form) confirming that you do not intend to stay in the UK permanently. If however your stay is to be permanent, or you are unable to get an EHIC card from your country of residence, you will need to obtain additional insurance. The British government does not accept entitlement to the National Health Service (NHS) as sufficient evidence of sickness insurance, so you will need to get the EHIC before you leave your country of residence, or obtain adequate insurance privately.

Retained Rights & Surinder Singh Applications

You may also qualify for the EEA Residence Card if you have a ‘Retained Right of Residence in the UK’ or are making a ‘Surinder Singh Application'.

EEA Nationals Students

If you are a family member of an EEA citizen who is a student, you can only get a residence card if you are related to them as their child, or their spouse or civil partner’s child, and are either under 21 years old or if over 21 years, are dependent on them.

Supporting evidence and fees

♠ your current passport
♠ 2 passport size colour photographs
♠ your EEA family member’s valid passport or national identity card;
♠ evidence of your relationship with the EEA national, for instance, marriage certificate, civil partnership certificate, birth certificate, proof that you’ve lived together for 2 years if unmarried
♠ evidence that the EEA national is residing in the UK in accordance with the EEA regulations (exercising EEA Treaty rights) i.e., your EEA family member is employed, self-employed or able to support you without relying on public funds.
♠ evidence that you’re financially dependent on the EEA national if applying as his extended family member.
♠ additional evidence depending on your circumstances

If there's a document that is not in English or Welsh, you will need to provide a certified translations. A £55 application fee per applicant will be applicable.

Refusals

The EEA Residence Card will be refused if the applicant or his EEA national family member does not meet the evidential requirements or 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. The EEA Residence Card will also be refused if the Home Office has a reason to believe that deception was used to obtain the Residence Card.

There are a number of other Home Office policies to which regard must be had by the decision maker. It is important therefore to holistically evaluate whether the applicant and the EEA national meet all regulations and policy guidelines to ensure success in your desired EEA application.

Wish to Apply?

If you'd like to apply for an EEA Residence Card please be aware that a large number of applicants are refused even though they appear to meet the applicable legal requirements.These refusals are attributable to applicant's failure to provide evidence in the required format or them being legally illiterate - failing to understand the rules governing grant of EEA residence cards.

The applicant, as a result, not not only loses the application and the fees but also complicates any future application that he may want to make. It is therefore critical that expert immigration advice and representation is sought before you submit your case to the Home Office to ensure you meet all applicable EEA Residence Card rules and policy guidelines thereby increasing your prospects of success.

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