EEA

For European Union nationals and their family members to live and work in the United Kingdom.

The UK government has announced the framework of the agreements of EEA National and their families in the UK. The new scheme will only affect EEA nationals who come to the UK after 29th March 2019. If you are an EEA national and have been living in the UK as a qualified person before 29th March 2019 for 5 years, you would still be able to apply for settlement in the UK. The requirement for the family member of EEA national will be maintained the same until 29th March 2019.

EEA national can also bring their Non-EU family members to the UK under the new scheme. We will continue updating you on the changes in the Immigration Rules.

If you are an EEA National or a family member of an EEA National, there are various applications that can be made to the Home Office inside or outside the UK.

EEA national

The list below shows the EEA member states in alphabetical order.

The agreement between Switzerland and the EU community gives Swiss nationals and their family members the same free movement rights as EEA nationals as well as their family member.

Qualified person and Exercising Treaty Rights

Qualified person refers to a person who is an EEA national that is currently a resident in the UK as a jobseeker (but only for 6 months), a worker in employment, a self-employed person, a self-sufficient person or a student. The EEA national will be exercising their free movement rights if they are resident in the UK as a qualified person.

EEA nationals who are in the UK as a student are expected to be able to support themselves and they must also have a comprehensive sickness insurance (which covers the UK) for themselves and any family members. A European Health

Insurance Card from the UK will not be sufficient for this purpose.

To be qualified as a job seeker, the EEA national must have registered as a job seeker and were employed for at least a year before becoming unemployed and have been unemployed for no more than six months.

EEA Family permit – Non-EEA national

EEA family permit is a kind of an entry clearance designed for the non-EEA national family member to join their EEA National who is living in the UK or to travel together to the UK. The permit is valid for 6 months. To be qualified as a family member of the EEA national, you must be an EEA citizen’s spouse or civil partner or related to them (or their spouse or civil partner), as their child or grandchild under 21 years old, or dependent child or grandchild of any age-dependent parent or grandparent.

During these 6 months, the non-EEA national can apply for a residence card at any time as a family member of an EEA national.

The EEA citizen you are joining must have already been in the UK or be travelling with you to the UK within 6 months of the date of your application.

Qualifying as an extended family member or unmarried partner

There is a provision to apply as an extended family member or unmarried partner of an EEA national.

In this case, you must be able to show that you are a dependent of the EEA citizen or is a member of their household, or you have a serious health condition and is relying on them to care for you.

For unmarried partners, if you are in a genuine and subsisting relationship with the EEA national, you can also apply as their unmarried partner if you can show that you’re in a relationship akin to marriage to the EEA national. This typically requires the couple to show evidence that they have been living together for a period of no less than 2 years.

Residence Card – Non-EEA national

If you are a Non-EU national and a family member of EEA national who is living in the UK as a qualifying person, you can apply for the Residence card. This will be your next steps once you have reached the UK. This Residence card will help you re-enter the country more quickly and easily if you travel abroad. You can also use this card to show your employer your eligibility to work in the UK. A residence card is usually valid for 5 years.

After Brexit, your Residence card will be replaced by a new system. However, if your residence card expires before the new scheme launch after Brexit, you should reapply for another residence card or apply for Indefinite Leave to Remain if you qualify.

What’s next?

We know that an application for a Family Permit or a Residence Card can be overwhelming. Our team have an extensive experience representing our clients with successful Family Permit and Residence card applications from various different circumstances. We encourage you to get in touch with us to discuss your enquiry.