European Economic Area (EEA) guarantees free movement rights to EEA nationals and their family members to work and study. The objective is to create a common market and guarantee four freedoms, freedom of goods capital services and people.
The EU comprises of a listed of 28 countries. plus Iceland Norway Liechtenstein. Switzerland has a bilateral agreement.
The term qualified person is referred to in the Citizen’s Directive. The Citizen’s Directive allows for an unconditional right of admission (Regulation 11) and residence for an initial period of three months. There is an extended right to reside for students, and those who entered the UK to seek work, are economically active as workers, the self employed or self sufficient. They are referred to as qualified persons.
Self employed persons
Self sufficient persons
The EEA law is designed to encourage movement and the UK immigration law is designed achieve the opposite, restrict movement.
Regulation 7 comprises of immediate family members. They include the following listed below:
Spouse and Civil Partners
Children (and grandchildren) under 21
Dependents & grandparents.
The advantages of being an immediate family member are that their rights are innate.
Regulation 8 refers to the other category “extended family” or other family members. They also benefit from free movements rights, but only if they applied for it and it has been granted either on entry clearance or residence document. These applications are subject to an application process. The categories of family members in this category are listed below include the following listed below:
Members of household
Other dependent relative
Relative on serious health grounds requiring care
No it is not a requirement, but it may prove useful. Qualified persons can apply for a Registration Certificate on production of a valid ID or passport plus proof that they are a qualified person. The certificate is not necessary. These documents may prove useful if an EEA citizen is traveling in and out of the UK, and can provide this document as proof of their status to Immigration Officers.
A residence card usually lasts up to 5 years. However, residence card won’t be valid after the UK leaves the EU. A new scheme will be available for EU citizens and their family members to apply to stay in the UK after the UK leaves the EU.
Although free movement rights are innate for family members the correct and supporting documents must be submitted. They procedure required for the category of an extended family members is more extensive. The latter category which includes the unmarried partner of the EEA national, civil partnerships or a relative of the EEA national requiring care on serious health care grounds doesn’t automatically qualify as family member. These categories are subject to an extensive application process.
With over 20 years experience First Precedent & Visa Services have experience dealing with a range of these types of application. We are familiar with the pitfalls and challenges associated with the various applications. Whether you’re looking to apply for a family permit for a “direct family member “or extended family member we can help. Or perhaps you are the family member of an EEA national looking for further advice and help. We are confident that we can provide you with the level and expertise needed. These applications can be complex in nature and require a detailed knowledge of EEA Regulations. Don’t leave your loved ones future to chance? Consult the immigration professionals, and get quote today.
Over the years we have built a solid reputation in the pursuit of excellence for our clients. Our Immigration Advisers are regulated by the Office of Immigration Service Commissioner (OISC) to level 3 the highest level. We have numerous success stories in this area of law. Take charge of you and your loved ones future today, instruct the professionals to get impartial advice.
If you have any queries about making an application under EU law please call on (+44) 0208 7691750, or send us an email to: [email protected] and we will send a timely response the next working day.