EEA Family Permits Archives - THOMAS CHASE IMMIGRATION

16 May, 202016 May, 2020

EEA Family Permit FAQ

In this blog post, we answer your frequently asked questions about the family permit.

What is an EEA family permit?

European Economic Area family permits or EEA family permits are issued under the Immigration (European Economic Area) Regulations 2016. The issue of the permits does not fall under the stricter United Kingdom (UK) immigration rules.

The purpose of the family permit is to allow overseas nationals, from outside of the EEA (non-EEA nationals) to enter the UK and accompany or join their EEA family member.

For instance, one of our clients, Jean, was a French national, living in Belgium, with his wife who was a national of Côte d’Ivoire. Jean’s employers offered him the opportunity to work at their London branch. Jean was able to exercise his free movement rights and travel freely to the UK. However, Jean’s wife, Marsha, required an EEA family permit to accompany him to the UK.

Who can get an EEA family permit?

A non-EEA national may apply for an EEA family permit if they are the:

Direct family member of an EEA national, or
Extended family member of an EEA national

What does the EEA family permit look like?

If approved, UK Visas and Immigration (UKVI) will place a visa vignette in the non-EEA national’s passport.

How do you apply for an EEA family permit?

An application for a family permit must be completed and submitted to UKVI via their online portal.

How long does the EEA family permit take?

EEA family permit visas are normally processed within 15 to 30 workings days from the date of the biometric appointment.

For example, if the application were submitted on 20 November and applicant provided their biometric data in person on 10 December, then the processing time would begin as of 10 December.

COVID-19: Due to the Covid-19 or coronavirus pandemic, visa application centres remain closed around the world, making it impossible for applicants to provide their biometric data. In addition, once centres reopen there are likely to be delays to the processing of the applications as UKVI work through the backlog of cases. As such, processing times are subject to change.

Can the EEA family permit be refused?

Yes. The EEA family permit application can be refused.

In fact, a former client, Jada, almost gave up on her plans to travel to the UK after her husband’s EEA family permit had been refused on 3 separate occasions. Jada, a Spanish national, and her spouse Sam, a national of Colombia, both lived in Spain and wished to travel to the UK together in order to visit Jada’s extended family.

UKVI had initially refused Sam’s application because they did not believe that Sam was the family member of an EEA national, despite the couple’s assertions that they had provided proof of Jada’s identity.

The couple subsequently submitted a legalised copy of Jada’s passport. And yet on the second and third occasion, the applications were refused because UKVI questioned the genuineness of their marriage and their ability to adequately fund their travel to the UK.

Jada felt exasperated by the couple’s experiences with UKVI. Jada stated that she hadn’t expected the process to be so convoluted and document heavy. After all, she was an EEA national, the couple were married and neither one of them intended to stay in the UK long term. They simply wanted to visit the UK for tourism purposes.

Yet by providing adequate documentation in support of the application, Jada and Sam were eventually able to travel to the UK and catch up with their family members.

See our blog post on EEA family permit refusals.

EEA family permit or visitor visa?

A non-EEA national may apply for a visitor visa to enter the UK. However, where the person is a family member of an EEA family member, it is preferable to apply for a family permit.

Taking the example of Jada and Sam above, Sam intended to travel to the UK and leave at the end of his visit. He could have applied for a visitor visa. However, the EEA family permit application does not carry a fee and the EU Regulations can be more generous than the UK’s immigration rules that the visitor visa falls under.

Further, Sam would not have been entitled to a right of appeal had he believed that the decision to refuse the visitor visa application was incorrect and worthy of challenge.

How long is the EEA family permit valid for?

The EEA family permit is valid for 6 months.

Can the EEA family permit be renewed?

If a non-EEA national wishes to travel to the UK after the validity of the EEA family permit, they will be expected to apply for a new permit to facilitate their travel.

However, if the non-EEA national wishes to stay in the UK longer term, they may apply for a document under the EU Settlement Scheme (EUSS) to recognise their right of residence.

Can a person work under the EEA family permit?

This is a difficult one. A close family member of an EEA national may exercise their Treaty rights in line with the EEA family member. For that reason, a non-EEA national should be able to take up employment and work in the UK.

The issue is that the EEA family permit is not listed as an ‘acceptable’ document to evidence a person’s right to work under UK legislation and UKVI guidance. This is in part, because not all EEA family permit holders are permitted to work in the UK without restrictions.

In light of the omission of EEA family permits from the right to work legislation, UK employers are unlikely to hire a person who is not in possession of an approved residence document.

Nevertheless, some employers are aware that they may hire a non-EEA family member if they are satisfied of their direct relationship to the EEA national. And if so, the UK employer will request alternative original documentation such as:

Evidence of the non-EEA national’s own identity, such as their passport; and

Evidence of their relationship with the EEA family member, such as a marriage certificate, civil partnership certificate or birth certificate; and

Evidence that the EEA national family member has a right of permanent residence in the UK or that they have been exercising their Treaty rights in the UK for more than 3 months.

For the last point, evidence may take the form of an employment contract, wage slips, or letter from a school, college or university with evidence of sufficient funds.

Yet, the risk to the employer of relying upon documentary evidence, other than a residence card or document issued by UKVI, is that the employer will not have a statutory excuse against a statutory penalty.

A statutory penalty can be issued where the non-EEA family member is later deemed to have been working unlawfully in the UK.

So, it is strongly recommended that a non-EEA family member apply for a residence card or seek advice from an accredited immigration advice at the earliest.

Is the EEA family permit a non-settlement visa?

That’s correct. The EEA family permit entitles the non-EEA national to enter and re-enter the UK within the validity of the visa. It does not evidence their right to settle in the UK.

Can the EEA family permit holder travel to Europe?

The UK has not signed up to the Schengen Agreement. As such, EEA family permit holders must apply for the correct visa or visas to travel within the Schengen area.

What happens after the UK leaves Europe?

The UK is no longer a member of the European Union. Further, from from 1 January 2021, the UK will no longer be subject to Immigration (European Economic Area) Regulations 2016.

EEA nationals and their non-EEA family members already in the UK, will have a right of residence under the EU Settlement Scheme.

EEA nationals or Swiss citizen, and their qualifying family members may apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021, where they will be granted pre-settled status or settled status.

Conclusion

We hope that this blog post answers some of your questions about the EEA family permit and application process. Watch out for Part 2 of this post, where will be answer further frequently asked questions.

And, if you have any queries that you would like us to answer in our next blog, feel free to post your questions in the Comments below.

Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals and families.

Call to action

If you have questions or concerns or you would like straightforward immigration advice, or assistance with your application to extend your visa, feel free to contact us.

Contact us at [email protected], and visit https://www.thomaschaseimmigration.com/contact-us to arrange a consultation. Or learn more about from our blogs

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EUSS Family Permit Applications

Family members from outside of the of European Economic Area (EEA) may apply for an EUSS family permit to join, or accompany, their EEA family member. We have received a number of queries about the EUSS family permit and the difference between the EUSS permit and the EEA family permit. So of course, we thought we would post a blog post on the subject in case there were others seeking clarification about this and about the requirements.

The EU Settlement Scheme

The EU Settlement Scheme (EUSS) allows qualifying nationals to continue their residence in the United Kingdom (UK), after the UK leaves the European Union (EU) on 31 October 2019 (also known as ‘Brexit’) and any transitional period.

Under the Scheme, non-EEA who is not in possession of a valid biometric card, or permanent residence card issued by UK Visas and Immigration (UKVI) under the Immigration (European Economic Area) Regulations 2016, may accompany their EEA national family member to the UK, or join them in the UK.

The EUSS family permit operates alongside the EEA family permit.

EEA nationals

EEA nationals are defined under Annex 1 of Appendix EU (Family Permit), https://www.gov.uk/guidance/immigration-rules/appendix-eu-family-permit and can include an EEA national that had previously exercised their Treaty rights in the UK and later naturalised as a British citizen under the British Nationality Act 1981. Where the EEA national acquires British citizenship, they must retain their EEA (or Swiss) nationality.

If the EEA or Swiss family member’s nationality is cancelled, curtailed or revoked, their rights to sponsor their family member(s), under the EUSS, will be lost.

Non-EEA nationals

Non-EEA nationals are defined in Annex 1 of Appendix EU (Family Permit) as anyone who does not hold EEA or British citizenship.

Family Members

If you are a non-EEA national, you can apply for an EUSS family permit to enter the UK providing the following applies:

You are the close family member of an EEA or Swiss national; and
the EEA national you wish to join has pre-settled status or settled status under the EU Settlement Scheme; and
the EEA national that you are joining is already in the UK, or will be travelling with you to the UK within 6 months of the date of your application.

Family members must satisfy UKVI of their relationship. This is crucial as we have been approached by clients who had prepared their applications and had their application for an EEA or EUSS family refused because UKVI had not accepted that they were married or related to their EEA family member.

It can be extremely disheartening to receive a refusal on the basis of a relationship to an EEA or Swiss national, in part, because UKVI will not provide a right of appeal in such cases. The problem is not that those individuals had done the application themselves, but rather that they did not provide satisfactory evidence to support the application.

Family members are defined under Annex 1 of Appendix EU (Family Permit) as:

The spouse or civil partner of an EEA national in a genuine and subsisting relationship;
The child of an EEA national or of their spouse or civil partner;
The grandchild or great-grandchild of an EEA national or of their spouse or civil partner; and
The dependent parent (or grandparent or great-grandparent) of the EEA national or of their spouse or civil partner.

As of 9 April 2019, non-EEA family members can also apply directly for leave under the EUSS from outside the UK.

Nevertheless, if you are the close family member of a British citizen who had exercised their Treaty rights in another Member States before returning to the UK to live (Surinder Singh cases), you may not apply for a EUSS family permit. Instead, you must apply for an EEA family permit.

In addition, it is advisable to apply for an EEA family permit, rather than an EUSS family permit, if you are:

An extended family member, as defined in the EEA Regulations, such as a durable partner or dependent relative; or

A person with a derivative right of residence in the UK, such as ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases; or

A family member of an EEA or Swiss national who does not yet have settled status or pre-settled status under the EU Settlement Scheme

For instance, one of our clients, Jo, recently joined her unmarried partner in the UK after a successful application for entry clearance. Her partner is a German national and has pre-settled status to the EUSS. However, as Jo is deemed to be the extended family member of an EEA national, she had to apply for an EEA family permit, rather than an EUSS family permit.

Documents

As with any application for entry to the UK, it is important that you submit the required documentation in support of your EUSS family permit application.

The documents to be submitted include:

Your current and valid passport;
Evidence of your relationship to the EEA family member;
Evidence of your EEA family member’s identity such as a certified copy of their current and valid passport or national identity card; and
Proof of your dependency on the EEA family member, if relevant.

Evidence of your relationship to the EEA family member. Such documents will depend on the nature of the relationship and may include, for example:

Your marriage certificate or civil partnership certificate; or
Full birth certificates; and /or
Evidence of their dependency if, for instance, the child is over 21 years of age,

It can help to provide additional documents such as:

Evidence of the EEA national’s employment in the UK, such as their employment contract, wage slips or a letter from an employer;
Evidence of the EEA national’s self-employment, such as contracts, invoices or audited accounts with bank statements and confirmation of paying tax and National Insurance;
Proof that the EEA national is studying in the UK, by way of a letter from the school, college or university; and/or
Evidence of financial stability.

Original or certified copies must be submitted supported by certified translations, where appropriate. However, as of 16 February 2019, it is no longer a requirement for you to provide a certified English translation for certain public documents issued by another Member State only, as per Regulation (EU) 2016/1191.

Regulation (EU) 2016/1191 does not apply to documents issued by public bodies in non-Member States.

Cost

EUSS family permit applications do not carry a fee. Nor do they attract the Immigration Health Surcharge. Yet, the fact that the applications are free to make, does not mean that the application should be taken any less seriously than any other application for entry into the UK.

Location

EEA family permits can be submitted at any overseas location and you need not be a national or resident of the country that you would like to apply from.

Length

Like the EEA family permit, the EUSS family permit is valid for 6 months from the date of the decision. During that time, you may enter the UK as many times as you wish.

Residence

On the expiry of the permit, or following your arrival to the UK, you may continue to reside in the UK by applying for pre-settled status. This will prove your right to stay in the UK, and your right to work, study and access services.

Conclusion

A non EEA family member may apply for a EUSS family permit to accompany or join their EEA national family member in the UK. There are some key differences between the EUSS family permit and EEA family permit, though the EUSS family permit has many advantages.

Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals and families and are the recipients of the Corporate Immigration & Relocation Award Winner 2019: ‘UK/EEA Family Permit Support Advisor – London’.

Call to action

If you still have questions or concerns or you would like straightforward immigration advice or assistance with your application to the EU Settlement Scheme or for an EEA family permit, then feel free to contact us.

Contact us at [email protected] visit https://www.thomaschaseimmigration.com/contact-us to arrange a consultation. Or learn more about from our blogs

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Avoiding EEA Family Permit Refusals

In Part 1, of our series on EEA applications we looked at the application process, and documents required to apply for an EEA family permit. Here, in the second part of our series, we look at EEA family permit refusals, focusing on the top 3 reasons for refusals and how to avoid them.

If you would like support with your EEA family permit application or a review of your draft application before submitting it, feel free to contact us at [email protected]

Background

EEA family permits are issued under the Immigration (European Economic Area) Regulations 2016 but has seen little change from Regulations 2006. The issue of the permits does not fall under UK Immigration Rules.

The purpose of the family permit is to allow overseas nationals, from outside of the European Economic Area (EEA), (or non-EEA nationals) to enter the United Kingdom (UK) and join their family member, as long as they are the:

Family member of an EEA national, or
Extended family member of an EEA national

There is no application fee and the process is not as onerous as compared to, say, applying for a UK spouse visa under the Immigration Rules. So what could possibly go wrong? Let’s explore…

Context

According to the Home Office’s National Immigration Statistics as of the end of 2018, the number of EEA family permits that were granted from 2015 to 2018 was as follows:

2015 – 30,302
2016 – 33,118
2017 – 27,106
2018 – 36,555

So, 30,302 EEA family permits were issued overseas in 2015. The number of EEA family permits issued rose by almost 10% in 2016 to 33,118. While there was a dip in the number of approvals in 2017, the numbers rose to their highest levels in 2018, a likely reflection of the high number of applications there were received in the run up to the UK’s departure from the European Union.

Extracting details of the number of successful applications and the rate of refusals is difficult and UK Visas and Immigration (UKVI), the body responsible for processing applications, is often unwilling to provide such specific data. Much of the data tends to include other types of applications and categories.

Yet, from direct experience, UKVI was well known for inappropriately refusing EEA family permits and using an inconsistent approach when considering applications.

When presenting cases in the immigration Tribunal on behalf of the Secretary of State, it was, unfortunately, not usual for applicants to successfully lodge an appeal against an adverse decision of an Entry Clearance Officer or in a few instances, to withdraw a UKVI decision because it was poorly argued.

Nowadays, the decision making has improved but the European Commission noted that non-EEA family members are still being denied family permits by UKVI on invalid grounds, or without a justified reason.

In fact, the European Commission stated:

Only in the UK is it possible to state that the number of refusals of entry or residence, as well as expulsions of EU citizens, is steadily on the rise

It went on to say:

National authorities indicate that this is the result of concerted efforts to refuse entry or to expel EU citizens convicted of a criminal offence, as well as EU citizens who do not meet the conditions attached to extended residence rights under Article 7 of the Directive. This indicates the UK’s willingness to publicly demonstrate that it is addressing popular concerns such as criminality and immigration, including the immigration of EU citizens

It’s hard to disagree with this. There are times when, the way in which non-EEA family members visa applications are handled appear to support the Commission’s assertions that barriers are deliberately being placed.

For instance, it is not uncommon for non-EEA family members to be asked to produce excessive levels of documentation so as to secure their permit and still experience delays of sometimes 12 weeks and beyond.

Similarly, it is difficult to assess the main reasons invoked by UKVI for refusing to grant non-EEA family members entry to the UK. Yet from past UKVI experience, research and information from clients looking for assistance after a refusal, the top 5 reasons for EEA family permits can be seen as follows…

Tops reasons for EEA family permit refusals

3. The applicant does not provide any (or adequate) evidence to support their claim to be the direct family member of an EEA national

Direct family members of EEA nationals are set out in Part 7 of the EEA Regulations as:

Spouses or civil partners
Direct descendants of the EEA national or their spouse/ civil partner under 21
Dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over
Dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner

The above members are viewed as the core of the EEA national’s family.

When assessing the application, it is important for documentary evidence is provided to UKVI to show the relationship between the non-EEA family member and the EEA national.

The type of documentary evidence needed will depend on the nature of the relationship. As a guide, such documents can include:

An original marriage certificate supported by a certified translation, if appropriate
An original civil partnership certificate supported by a certified translation, if appropriate
A divorce certificate or a death certificate where there the EEA national or non-EEA national was previously married
Original birth certificates naming the EEA national as one of the parents of the non-EEA child
Original birth certificates naming the EEA national as the child of the non-EEA parent

2. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised

The purpose of the EEA family permit is to join or travel with the EEA national to the UK. To clarify, the EEA national must either:

Be in the UK already
Plan on travelling with you to the UK within 6 months of the date of your application

If the EEA national has been in the UK for more than 3 months they must either:

Be a ‘qualified person’ who is exercising their ‘Treaty’ right by working, looking for work, self-employed, studying or self-sufficient); or
Have a permanent right of residence in the UK

Where UKVI is not satisfied of the above, you can expect to receive an EEA family permit refusal with the following wording:

You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.

To avoid this, it is important to evidence the EEA national’s permanent residence status, by way of an EEA permanent residence status, or show they are exercising their ‘Treaty rights’ by submitting original, stamped or certified documents appropriate to their circumstances – see our previous article for more details.

If the EEA national does not have a permanent residence status, some examples of recommended documents of exercising Treaty rights may include:

Employment – an employment contract, payslips or a letter from an employer
Self-employed – Service contracts, customer invoices or audited accounts with bank statements
Studying – A letter from the UK school, college or university
Financially self-sufficient – bank statements

EEA nationals that are financially self-sufficient or studying in the UK must have comprehensive medical insurance to be a ‘qualified person’ and it is recommended that evidence of insurance be submitted to UKVI.

1. The applicant is a party to a marriage of convenience

UKVI defines a marriage of convenience as an ‘abuse of the right to reside’. Unsurprisingly, where UKVI suspect that the marriage or civil partnership between the EEA national and non-EEA national was entered into to circumvent the UK immigration rules, the UKVI will issue a refusal with the following wording:

The definition of ‘spouse’ in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.

One of my previous clients, a US national, was absolutely devastated to receive a letter from UKVI informing her that her recent marriage to a French national was a sham.

A similar sentiment was expressed by Mr Polyakov, a Russian national, married to his German wife, Anna who had sought an EEA family permit to visit his daughter and newly arrived grandson in the UK. Mr Polyakov was surprised to find that the genuineness of his marriage was doubted by UKVI because he had submitted his marriage certificate, but has not provided photographs of his wedding. Mr Polyakov and Mrs Polyakov have been married since 1975!

In the case of our client, she had followed the online guidance and submitted her original marriage certificate. UKVI’s guidance makes it clear that a valid marriage certificate is sufficient to prove a family relationship. In fact, where UKVI suspects that the marriage is one of inconvenience, the burden of proof falls on UKVI to support their assertion by testing their suspicions. This is supported by case law.

Yet despite this guidance, UKVI did not ask the client to provide additional information about the relationship. Nor had the client or her spouse been invited to an interview. Unfortunately, the client’s time frame for lodging an appeal had lapsed and so the decision to refuse the application for this reason could not be challenged.

She contacted Thomas Chase Immigration for the first time to assist her with a new application for an EEA family permit. By now, she had been married for 6 months.

To help the client increase her chances of success in securing an EEA family permit, she was advised to gather as many documents that she had that related to her relationship with her spouse. The purpose of this exercise was to show UKVI that despite the couple’s marriage of 6 months, the couple had been in a genuine relationship for over 2 years.

The following documents were submitted:

Records of past communications between the couple such as Skype and WhatsApp messages
Travel tickets of holidays taken together
Photographs

We provided a covering letter, setting out the client’s circumstances, how she met the requirements, and touched on her previous refusal and how this application differed. We helped the client to make a strong application. Needless to say, the client’s application was approved.

Conclusion

EEA family permits can be refused for a number of reasons, many of which come as a total surprise to the applicant. By being aware of the pitfalls and preparing a strong application, the application process for an EEA family permit will likely go as smoothly as possible.

Have you or someone you know received a recent refusal? What were the reasons given and what advice would you give to others?

Share this blog with someone who might benefit from it.

This post was first published on 31 May 2017 and updated on 1 March 2019.

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Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and HR professionals.

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Contact us at [email protected] to arrange a consultation or to request assistance. You can also learn more about UK immigration from our blogs.

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Apply for an EEA Family Permit

Applying for an EEA Family Permit is supposed to be straightforward. So it can be a shock to come when an applicant receives a letter from UK Visas & Immigration (UKVI) informing them that their application for an EEA Family Permit has been refused. In Part 1 of this series on EEA permits and residence cards, we look at the basics of EEA Family Permits.

Introduction

EEA Family Permits are issued under the Immigration (European Economic Area) Regulations 2016 and not the Immigration Rules. The permits allow overseas nationals from outside of the European Economic Area (EEA) to enter the United Kingdom (UK) and join their family member as long as they are the:

Family member of an EEA national, or
Extended family member of an EEA national

The EEA national must either:

Be in the UK already
Plan on travelling with you to the UK within 6 months of the date of your application

If the EEA national has been in the UK for more than 3 months they must either:

Be a ‘qualified person’ by working, looking for work, self-employed, studying or self-sufficient); or
Have a permanent right of residence in the UK

Without an EEA Family Permit, overseas nationals will find it very difficult to secure entry to the UK. The EEA Family Permit should also be used, rather than applying for a standard visit visa, where the overseas family member is seeking to visit the EEA Family member.

Family members

Family members of EEA nationals are set out in Part 7 of the EEA Regulations as:

Spouses or civil partners
Direct descendants of the EEA national or their spouse/ civil partner under 21
Dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over
Dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner

Extended Family Members

Extended family members are defined under Part 8 of the EEA Regulations and include siblings, aunts, uncles, cousins, nephews and nieces.

Non EEA, overseas family members must demonstrate they are dependent on the EEA national or are a member of their household, or have a serious health condition and rely on them for their care.

Unmarried partners fall within this category also and must show that they are in a lasting relationship with the EEA national.

Cost

EEA Family Permit applications are free. Regardless, time, effort and care should be taken when preparing the application to avoid delays or worse still, a refusal.

Documents

It is imperative that the required documents are provided in support of the application for an EEA Family Permit.

Whilst not an exhaustive list, documents to be submitted include:

Current and valid passport
Evidence of the overseas national’s relationship to the EEA family member. Such documents will depend on the nature of the relationship and may include, for example:
- Marriage certificate or civil partnership certificate
- Birth certificate
- Proof that you’ve lived together for 2 years if unmarried
Family member’s current and valid passport or national identity card (or a certified copy)
Proof of your dependency if you’re dependent on your EEA family member

It is important to demonstrate that the EEA national is lawfully in the UK and that they have either permanent residence or, where they have been in the UK for over 3 months, that they are exercising their Treaty rights.

Additional documents to be submitted, may include:

Evidence of employment such as an employment contract, wage slips or a letter from an employer
Evidence of self-employed, such as contracts, invoices or audited accounts with bank statements and confirmation of paying tax and National Insurance
Proof of studying by way of a letter from the school, college or university
Evidence of financially independence such as bank statements

Where the EEA family member is studying or financially self-sufficient, evidence of their comprehensive sickness insurance should also be provided.

Original or certified copies must be submitted and supported by certified translations, where appropriate.

Location

EEA family permits may be obtained from any overseas visa issuing post. As such, the overseas national does not need to be lawfully or normally resident in the country where they are applying form, unlike applications under the Immigration Rules. The overseas family member may be asked to attend an interview if the Entry Clearance Officer, considering the application, has strong grounds for doing so.

Length

The EEA Family Permit is valid for 6 months and is meant to facilitate their entry to the UK. On the expiry of the permit, and following the overseas family member’s arrival, the overseas family member may continue to reside in the UK, as long as they continue to meet the EEA Regulations. That said, many overseas family members of EEA nationals find it advantageous to apply for a Residence Card to prove their status in the UK, especially to potential employers.

The situation is different for extended family members of EEA nationals, who must obtain a Residence Card following the expiry of an EEA family permit or they will be considered an overstayer.

Conclusion

In our other blog, we look at the top reasons for a refusal of EEA Family Permits and how to avoid adverse decisions.

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Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and organisations.

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